9 Steps to Take Following a Car Crash

There are more than 10 million auto accidents in the United States annually, according to the U.S. Census Bureau. These stark numbers are padded in large part by the growing rate of distracted driving (i.e. texting while behind the wheel), driving while under the influence (DUI), drowsy driving, and other auto-related offenses. Indeed, one in three Americans reported to AAA earlier this year that a family member or loved one has been seriously injured or killed in a car crash.

In Las Vegas and Clark County alone, there are hundreds of auto accidents a year. So, if you find yourself in this situation, what should you do? Here are some top tips to protect yourself and others around you.

1. Stay on the scene.

Your adrenaline is probably pumping after you’ve been involved in a collision. For some, your natural instinct is to pull away, whether you’re at fault or not. Stay there. Nevada law requires those involved in a car accident to remain on scene, ensure all involved are uninjured, and exchange information with all others involved.

2. Check for injuries.

Check to see if yourself, your passengers, or those in the other car(s) involved in the collision are not harmed. Call 911 for assistance if there are any injuries.

3. Move your vehicle to the side of the road and turn on your hazard lights.

You run the risk of another collision if you remain in the roadway. Do not exit your car while on the road. If it’s possible to drive the car, pull over to the side of the road and turn on your hazard lights.

4. Speak with the other driver and exchange insurance information.

The information you’ll need includes:

• Name
• Address
• Phone number
• License plate number
• Make, model, and issue date of the other car
• Insurance company and policy number
  

Your insurance company will need this information to process your claim. Keep the conversation simple. Do not admit fault or guilt -- even “I’m sorry” can be used again you down the line.

5. Gather evidence.
Take photographs of your car, focusing on the areas that have been affected by the crash. If witnesses are still around, ask them for their contact information to follow up afterward if you need to provide more details on the collision at a later date.

6. Speak to police.

If the police were called to the scene, be sure to get the information of the officer attending to the crash. Their name and badge number should be sufficient. Ask them for a crash report number if it’s available.

7. Call your insurance company and file your claim.
Call your insurance company so they can start processing your claim immediately. They should be able explain the process.

8. Keep your receipts.
If you were injured in the crash and required medical care, or if your car needed repairs at the auto shop, be sure to keep all of those receipts and diagnoses.

9. Hire an attorney.

If you’ve faced hardship and injury as a result of the crash, you could be eligible to recover compensation. An experienced attorney can help you figure out your best course of action and what you might expect. Also, if you have to fight with your insurance company, a lawyer will be able to provide assistance.

Have you been involved in a car accident in Las Vegas, NV, or the surrounding counties? Consider contacting De Castroverde Law Group, based in Las Vegas, NV. Our experienced attorneys can guide you through the complicated process following an auto accident.

Product Liability: What Constitutes a Claim in Nevada?

Thousands of people a year are injured because of faulty products. Product liability cases are brought when a manufacturer is accused of inadequately designing, manufacturing, or marketing their product to the consumer. An experienced attorney can help you recover compensation if you’ve been the victim of a faulty product.

Companies, under product liability law in Nevada, have the responsibility to design and manufacture products that are safe to use and to inform consumers of any potential hazards. If a product is defective and causes harm to the consumer, the consumer may have legal grounds to seek compensation.

What kind of products usually falls under this law?

The types of consumer products that are typically involved in these cases include:

• Cars or other vehicles
• Children’s toys
• Mechanical parts
• Home appliances
• Machinery
• Electronic devices
• Construction Equipment
• Food products
• Lawn mowers
• Grills
• Baby cribs
• Car tires
• Medical equipment
• Child strollers
• Prescription medicines

The list goes on. Whether it’s your car’s blown tire, your child’s trike, or your gas grill, product liability cases can come in many shapes and sizes. This great variation in what could constitute a product liability claim can make for complex cases in Nevada and beyond. So, what exactly are the types of product liability cases? Let’s take a look.

Three Types of Product Liability Cases

While product liability claims can vary greatly depending on the defective products and additional circumstances, they generally fall under three different cases.

1. Design defect

This refers to products that were designed with serious flaws that make it dangerous to consumers. This means the product, from its inception, was designed with a serious defect that could make it potentially hazardous to those buying and using it.

2.  Manufacturing defect

Some products are designed safely, but at some point in the manufacturing process, they are created in a faulty manner, rendering them hazardous to consumers. This could result in hundreds of thousands of perfectly safe products, with a small grouping of items manufactured with a dangerous flaw. This is typically referred to as negligence by the manufacturer.

3. Insufficient or inadequate notification of hazards

 Marketing is important in the creation of a product, and even if an item is made perfectly correctly to design, a company could still be held liable for not warning consumers of potential harm. This often plays out in improper labeling, lack of instructions or incorrect instructions all together.

What constitutes a product liability claim in Nevada? 

You may be able to recover compensation if you were injured by a defective product. However, how do you know if your situation constitutes a claim in the state of Nevada? It primarily boils down to negligence. Negligence is present in a case if the company had a duty to the injured person and if their failure to act caused the person to be injured.

In these cases specifically, a plaintiff has to prove negligence. The main tenets that you have to prove in a product liability claim include:

• The manufacturer was liable for consumers care when using product and the care was not upheld.
• The failure to provide care for the consumer lead to your injuries.
• You sustained serious damages as a result.

This is a good starting point, but these types of cases can be very complex. They often require expert testimony and in-depth inquiries into the rights and duties of manufacturers.

If you believe you’ve been the victim of a faulty product, don’t hesitate to contact the De Castroverde Law Group in Las Vegas, NV. De Castroverde is dedicated to helping victims in these cases get the justice and compensation they deserve.

Top Tips for Those Involved in a Road Rage Incident

Earlier this year in Las Vegas, a mother of four was shot and killed in a road rage incident gone horribly wrong. As discussed by Reuters, the 44-year-old was reportedly heading home after giving her 15-year-old daughter a driving lesson when the incident occurred. The dispute ended with an occupant of another vehicle firing 24 times toward the car after a chase through a neighborhood just miles from the Las Vegas Strip. The mother died two days later.

The driver and passenger, who police say fired the gun from the other vehicle, have been charged with murder, attempted murder, conspiracy to commit murder, and discharge of a firearm, according to the Las Vegas Review-Journal. Both men have pleaded not-guilty to the charges and are being held in Clark County jail without bail.

What constitutes road rage?

This is an extreme and tragic case of what people commonly call “road rage.” While we’ve all probably been involved in a heated moment behind the wheel, the repercussions can be costly. The state of Nevada defines aggressive driving as speeding by more than 10 mph, passing on the right, following too closely, failing to yield the right of way, changing lanes illegally, and “creating an immediate hazard for another vehicle or person.”

Penalties for aggressive driving, NRS 484.3765, are nothing to wave off either. Minimum penalties include a maximum fine of 6 months in jail, $1,000 fine, and 30 day suspension of your license. Beyond this, though, are far steeper charges. In some cases, like the recent one out of Las Vegas, defendants can face serious criminal charges, including assault, harassment, and weapons offenses.

These offenses can end in much harsher penalties, including years in jail, thousands of dollars in penalties, and felony charges on the defendant’s record. Fleeing the scene of an incident such as this can also steepen penalties. In Nevada, state law (NRS 484E.010) dictates that motorists involved in a crash have to stop to swap information and help others involved if they are injured. Not doing so will result in a hit and run charge, which, at its worst, can result in anywhere from 2 to 15 years in prison.

What do I do if I’ve been charged in a road rage incident?

If you’ve found yourself in a situation where you’re facing aggressive driving or a similar criminal offense, be sure to enlist the help of an experienced Nevada criminal defense attorney. An advocate who knows the laws and knows how the court system operates, especially with regard to road rage and aggressive driving incidents, will provide you the best chance possible for a favorable outcome. Our lawyers at De Castroverde Law Group in Las Vegas have years of experience in knowledge with these cases to give you that chance. Contact De Castroverde Law Group today to start the conversation for a brighter future for you and your family.

5 Tips for Finding the Right Personal Injury Lawyer

You’re feeling back pain after they sped right through that red light and slammed into your car. You’ve slipped and fallen on a wet floor that hasn’t been properly attended. Your child’s defective toy nearly cost them their life. You’re regretting the fact that you ever got in that cab.

Being hurt or gravely injured is disorienting and life-jarring enough. If you are facing one of these scenarios, ensure you have a trusted advocate and counselor handling the legal aspect of your recovery. A personal injury lawyer is ready to guide you through the process of getting justice. Personal injury cases can be complex -- whether it’s a car accident, negligent casino, or medical malpractice case, you should choose your advocate in the courtroom with care. In addition to whatever pain and agony you are in, you’re also facing a potentially life-changing scenario with growing medical expenses, inability to work, and difficulty caring for your family.

Accident and injury law in Nevada is meant to make the injured person whole, to put you back in the position you would have been in if the accident did not occur. Essentially, you’re deserving of financial compensation to help you become “whole” again, paying off your medical bills, defraying lost wages without steady work and supporting your family as you had once done.

What Is Negligence?

Personal injury cases hinge on whether or not the person at fault is deemed “negligent.”  What does that mean? It is defined as the following:

• The defendant had a duty to the injured person.
• The defendant’s act or failure to act was not reasonable and caused the injured person’s injuries.
• The injured person suffered some form of injury as to be entitled to damages.

5 Tips for Choosing the Right Personal Injury Lawyer

Making the right decision about who represents you in a personal injury case will have a tremendous bearing on whether you’re able to receive financial compensation for your accident.

1. Their track record is solid. Experience is key. Has the lawyer handled these cases before? Has the lawyer won?

2. They know the law inside and out. Part of what is so daunting about personal injury cases is that they can be very complicated. They also may involve multiple Nevada laws. You want a personal injury lawyer who knows the applicable laws and knows them well. This gives you the best chance.

3. They’ve handled cases similar to yours. Involved in an auto accident? Victim of excessive force at a club or casino? You’ll want to be sure the attorney you choose has handled cases like these before in Nevada. They’ll be able to give you the basics of what to expect.

4. They have connections. If you’ve been involved in a car accident, insurance companies will be play a part as well. A reliable attorney will be able to deal with the insurance companies on your behalf.

5. They’re open and willing to discuss fees and costs. A solid personal injury attorney will be able to estimate what kind of financial compensation you might expect, based on the type of case.

Are you looking for a personal injury lawyer who meets all of this criteria? Look no further than De Castroverde Law Group in Las Vegas, NV. Our family-run firm is based out of Southern Nevada and we are here to guide you through the sometimes confusing process of being compensated for your injuries. Services are available in English as well as Spanish. Contact us today.