Tag: car accident attorney las vegas

Distracted Driving In Nevada

Posted by drpadmin on July 21, 2020

Distracted driving is far too common and occurs for a number of reasons. Texting while driving is just one form. Reading a text or anything on your cell phone while driving is another form. Distracted driving is driving when you don’t have full attention on driving. You could be eating and drinking, talking to other people in your vehicle, looking at your navigation system, or even fiddling with the radio. Any activity that takes your full attention from driving and the road, even for just a few seconds, is a potential distraction and increases the risk of being involved in a car crash.

The Nevada Department of Transportation estimates the increased chances of getting into a car accident by doing any of the following activities while driving:

Reaching for a moving object – 9 times more likely to be involved in a crash
Driving drowsy – 4 times more likely to be involved in a crash
Looking at an external object – 3.7 times more likely to be involved in a crash
Reading – more likely to be involved in a crash
Dialing a phone – 2.8 times more likely to be involved in a crash
Applying makeup – 3 times more likely to be involved in a crash
Eating – 1.6 times more likely to be involved in a crash
Reaching for a non-moving object – 1.4 times more likely to be involved in a crash
Talking on a hand-held phone – 1.3 times more likely to be involved in a crash

According to the National Highway Traffic Safety Administration (NHTSA), sending or reading a text takes your eyes off the road for 5 seconds. During that 5 seconds, a car going 40 mph can cover 294 feet. That’s nearly twice the length of a football field. So a lot can happen in those 5 seconds.

Consequences of Distracted Driving

Distracted driving is dangerous for everyone on the road – for drivers, passengers, pedestrians, bicyclists. According to the NHTSA, distracted driving resulted in 2,841 fatalities in 2018. This figure includes 1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. In 2017, 434 people died in crashes reported to have involved cell phone use. According to statistics reported by The Zebra, an estimated 391,000 drivers were injured in distracted driving crashes in 2017 and 2018 saw 4,637 deaths resulting from distracting driving. The Zebra also reports that distracted driving claimed approximately 9 lives per day.

The Nevada Office of Traffic Safety reported that between 2013-2017, 73 fatalities resulted from crashes where distracted driving was confirmed in the crash report. However, they estimate the actual number of fatal crashes involving distracted driving is much higher, as confirming whether distracted driving occurred is difficult.

The experienced Las Vegas personal injury attorneys at D.R. Patti & Associates know what it takes to prove distracted driving. If you or a loved have been injured by a distracted driver, call and speak to a Las Vegas car accident attorney at D.R. Patti & Associates at 702-331-3391 for a free consultation and see how we can help you.

Documenting Your Injuries, Pain, and Suffering When You Can’t See Your Health Care Provider

Posted by drpadmin on July 15, 2020

With many of us practicing social distancing to help flatten the curve, we have come to learn that many people have been unable to continue their treatment for their accident-related injuries. Many people with accident-related injuries have regularly scheduled doctor, chiropractic, physical therapy appointments. If they miss some appointments, their healthcare providers would normally give them instructions on exercises they can do at home that may help relieve some of their sometimes. Unable to obtain medical treatment, accident victims may be concerned whether their injuries would linger longer or worsen.

Missing health care appointments, however, cause another concern for their personal injury cases. Auto insurance companies tend to argue that a person who is truly hurt, that person seeks medical treatment and that a person who does not seek medical treatment is a person who is not truly hurt. The foregoing is a faulty syllogism, as there are many reasons why an injured person may not seek medical treatment or may have gaps in their treatment. Nevertheless, accident victims must be prepared to respond to such arguments.

One way to counter such arguments and demonstrate injury is to maintain a pain journal. Some physicians will instruct a patient to maintain a written log (journal) of pain-related information and to bring this with them to their office visits. The physician reads the patient’s journal to identify trends in the pain and responses to treatment. The following types of information should be recorded on a daily basis:

Your symptoms that day
Time when your pain started or got worse.
What you were doing at the time the pain started or got worse.
The intensity of your pain from 0 to 10, 0 being no pain to 10 being the worst pain you’ve ever felt
How long did the pain last
What you were doing at the time the pain stopped or got better.
Did you take any medication (over the counter or prescription) and what was the dosage
Time you took the medication
Whether the medication worked and how long did it take to work
Any other thing you did to reduce the pain, such as ice/heating pad, TENS, bed rest, wearing a brace, etc.
If you had to skip out on any activities, whether work or social engagements, because of the pain or other symptoms

To learn more about what you can do to document or prove your injuries from a car accident, call the experienced Las Vegas car accident attorneys at D.R. Patti & Associates for a free consultation.

How Long Does It Take To Settle My Car Accident Case?

Posted by drpadmin on February 26, 2020

There is no simple answer to how long it takes to settle a car accident case. Every car accident case is different, and there is no fixed formula. Generally, the less disputes issued, the more likely the case settles early. The more disputed issues, the longer it takes to settle case. There are several factors to consider.

Is There A Dispute As To Who Caused The Accident?

The first factor to consider is whether there is a liability dispute. A liability dispute means the drivers involved in the car accident are claiming the other person is at fault. Many times when there is a liability dispute, a lawsuit will have to be filed. The purpose of the lawsuit is to get a judge, jury, or arbitrator to decide who is at fault. However, even if a lawsuit is filed, a case can still settle without going to trial or arbitration. What happens in a personal injury lawsuit is a whole separate topic, and you can learn more about that by clicking here.

Sometimes, a case with disputed liability can settle without a lawsuit. Usually, this happens when one driver has more or stronger evidence to show that the other driver is at fault. For example, if the police came to the accident scene, did an investigation, and determined the other driver is at fault, that other driver’s insurance company may decide to settle the case. Generally, a person’s car insurance company can settle a personal injury claim without the permission of their insured. If there is a disinterested witness to the accident, there is a good chance of settling without a lawsuit. A disinterested witness is someone who has no interest in the case. Usually, this means the witness doesn’t know any of the other drivers involved.

How Severe Are the Injuries And How Much Insurance Is Available?

Assuming liability is not in dispute, the next two main factors to consider are (1) the extent and severity of the injuries and (2) the amount of insurance available. The more severe the injuries and the lower the amount of insurance available, the faster a case would actually settle. For example, if a car accident caused you to break a leg and the insurance limits for the at fault driver is the Nevada minimum of $25,000, the case would likely settle pretty quickly. The reason this case settles quickly is because there is no dispute that the injuries are greater than the insurance monies available.

The more severe the injuries and the greater amount of insurance available, the longer it could take a case to settle. For example, if you were in a car accident with a semi-truck, it is likely that the semi-truck carries a commercial liability policy. That commercial policy could be more than a million dollars. If you injured your neck in that truck accident, it could take sometime before your doctors determine that the injury is more severe or permanent. Most neck injuries from a car accident are initially diagnosed as a soft tissue injury, usually a sprain or strain. Some neck injuries may require surgery. Doctors generally can’t tell at the beginning if a neck sprain or strain may turn out worse and require surgery. Imaging, such as MRIs, may be necessary. Doctors also may require pain management and even epidural steroid injections. Other tests, such as nerve conduction studies, may be needed. All of these tests and treatment take time. A car accident victim shouldn’t settle their case until they know the full extent of their injuries.

More often than not, the less severe the injuries, the more likely the case will settle without a lawsuit. Less severe injuries take less time to heal. Once a car accident victim is fully healed or has reached maximum medical improvement, then the attorneys can begin the process of settling the case. You can learn more about the process of settling a case here.

How Bad Was The Car Accident?

The amount of damage to the cars involved in the accident also affects when the case settles. Generally, insurance companies take the position that minor impact accidents do not cause injuries. Even if they do, insurance companies say that the injuries are so minor and they will dispute the necessity or amount of medical treatment. Read more about the insurance companies’ tactics in dealing with “Minor Impact Soft Tissue” injury cases here.

What is considered a minor impact usually depends on the cost to repair the damage or how visible the damage is. An experienced personal injury will always obtain documentation on the property damage. This could include photographs of the cars and repair estimates.

The above are just some of the more common factors affecting how long it takes to settle a car accident. There may be other factors to consider, such as whether the accident victim has pre-existing injuries or is an eggshell person. Again, no car accident case is the same. If you have questions about your car accident case, you should speak to an experienced Las Vegas car accident attorney. With a combined total of 25+ years of experience and success, the car accident attorneys at D.R. Patti & Associates can provide unique insights to your case. Our Las Vegas personal injury attorneys know that its important that clients get to speak to their attorneys.

Backing Out of a Release

Posted by drpadmin on February 17, 2020

The Insurance Company Had Me Sign A Settlement . . . Can I Back Out And Hire An Attorney?

It’s not unusual for some people injured in a car accident to sign a release or accept a settlement from an insurance company immediately or days after a crash. Insurance companies would like to settle cases as fast as possible right after an accident, before the accident victim realizes how injured they are or gets an attorney. Settling within hours or days after a crash is part of an insurance company’s tactics to pay as little as possible for personal injury settlements.

We have been contacted by many who have regretted settling their cases. They signed releases without fully realizing what they had given up, how injured they were, or how much medical bills they had. They call us wanting to know if they can somehow back out of these releases or settlements. Unfortunately, there is no easy answer as no case or scenario is the same.

There are laws that govern when a settlement agreement or a release can be “set aside” or invalidated. Normally, the laws regulating contracts apply. Under contract law, the court looks to whether there was a “meeting of the minds” from the perspective of a reasonable person. This usually means a judge lets a jury decide whether an objectively reasonable person would have understood what he or she was giving up. Convincing a judge or jury that an objectively reasonable person would not have understood a clearly written contract is difficult.

Thankfully, last year, the Nevada legislature passed a law, NRS 10.185, that allows for a release or settlement agreement to be easily set aside. This law can be found under Chapter 10 of the Nevada Revised Statutes. This law, however, only applies in a limited set of circumstances. A release can be invalidated under this law if the release was signed within 30 days after a crash and the injured person signed it without the help of an attorney. To benefit from this law, the injured party was send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any monies paid by the insurance company; this monies is known as consideration.

The text of the law is as follows:

NRS 10.185. Voidability of release of liability given in connection with claim for personal injury sustained by releasor.

A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release:
(a) Within 30 days after the event that initially caused his or her injury; and
(b) Without the assistance or guidance of an attorney.
To void the release of liability pursuant to subsection 1, the releasor shall:
(a) Sign a written notice disclosing the election of the releasor to void the release; and
(b) Within 10 days after signing the notice:
1. Send the original notice or a signed copy of the notice to the releasee; and
2. Return any consideration paid by the releasee.
A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee.
As used in this section:
(a) “Personal injury” means any mental or physical injury. The term does not include property damage.
(b) “Release of liability” means an agreement executed between a releasor and releasee.
(c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1.
(d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1.

If you are injured, have signed a “release,” and wish to discuss your case with an experienced Las Vegas car accident attorney, call us at 702-331-3391. The Las Vegas personal injury attorneys at D.R. Patti & Associates are here to help you.

INJURED AS AN UBER OR LYFT PASSENGER

Posted by drpadmin on October 28, 2019

Injured while in a rideshare in Las Vegas?

More and more people are using rideshare service such as Uber and Lyft to get around in Las Vegas. Generally, using Uber and Lyft is a good idea. It is generally cheaper than a taxi, responds sooner, and reduces drunk driving. Unfortunately, even Uber and Lyft drivers get into car accidents. Passengers in the rideshare vehicles who are injured in the car accident can recover against the insurance of the person that caused the accident. This is the case even if the car accident was caused by the Uber or Lyft driver.

If the accident was caused by the Uber or Lyft driver, their insurance will cover the passenger’s injuries. Uber and Lyft carry third party liability insurance coverage, which generally covers up to $1 million for personal injuries and property damage per accident. A passenger is covered under this kind of liability policy when the Uber or Lyft driver is at fault for the accident.

What If The Accident Was Not Caused By The Uber Or Lyft Passenger But Someone Else?

If the accident was caused by another driver, the at-fault driver’s insurance will cover the Uber or Lyft passenger’s injuries. In Nevada, drivers are required to carry liability insurance that covers a minimum of $25,000 per person or $50,000 per accident. If that other driver’s insurance isn’t enough to compensate the injured passengers, Uber and Lyft insurance can cover the rest through underinsured motorist (UIM) insurance.

If the at fault driver does not have insurance or the passenger was a victim of a hit and run, uninsured motorist (UM) coverage of the Uber’s or Lyft’s insurance will apply. Lyft carries at least $250,000 in UM and UIM coverage for its passengers. Uber carries $1 million in UM and UIM coverage for its injured passengers.

What Should You Do If You Were Injured While A Passenger In An Uber Or Lyft?

First, if you are injured, take care of yourself and seek medical attention. If you feel symptoms, such as pain, at the scene of the car accident, and feel like you need medical attention, call 911 and ask for an ambulance and/or go to the emergency room or urgent care. If you do not have health insurance, do not worry about the expense; worry about getting better. Your health should be your first priority. The Las Vegas personal injury attorneys at D.R. Patti & Associates can help you obtain monies from Uber, Lyft, or any other insurance that applies to cover your medical expenses from a car accident.

SAFETY GROUP CALLS FOR RECALL OF HYUNDAI AND KIA CARS FOR FIRE HAZARDS

Posted by drpadmin on October 15, 2018

Over 220 complaints of Kia and Hyundai cars spontaneously combusting has prompted the Center for Auto Safety, a non-profit consumer group, to call for the recall of about 3 million Kia and Hyundai vehicles. Previously, the Center had merely called for the National Highway Traffic Safety Institute (NHTSA) to conduct an investigation into an excessive number of Hyundai and Kia cars bursting into flames unrelated to any collision.

In a recent press release, the Center cites over 220 eerily similar incidents of Kia and Hyundai vehicles catching fire, without any collision involved, while someone was driving the car or even when the car is parked. The Center’s executive director, Jason Levine, said that the Center’s own investigation revealed “reports of almost one fire every single day” involving one of five models of Kia and Hyundai vehicles.
The Center is calling for recalls of all Kia Sorento, Kia Optima, Hyundai Sonata, and Hyundai Santa Fe for model years 2011-2014, and Kia Sorenta model years 2010-2015. Such a recall would encompass about 2.9 million Kia and Hyundai vehicles.

Some of these models are already subject to recalls for engine-related defects. It is perhaps one of the most troubling aspects of these non-collision related fires, according to the Center. It has cited over a dozen instances where the non-collision fires occurred after repairs were performed under the engine-related recall.

Co-founded by Ralph Nader in 1970, the Center seeks to protect drivers by advocating for better automobile safety regulations and campaigning for the recall and/or investigation of unsafe vehicles. In its over 40-year history, the Center played a major role in numerous recalls, including the recall of millions of Firestone tires and of over 60 million defective airbags.

If you own any of the Kia and Hyundai models identified by the Center and have suffered injuries and or other damages as a result of a non-collision related fire, you may have a claim. Contact the experienced Las Vegas products liability attorneys at D.R. Patti & Associates and see how we can assist you.

London Car Attack Raises Concern For Pedestrian Safety in Las Vegas Valley

Posted by drpadmin on August 15, 2018

Two days ago, a man rammed his car into a crowd and injured three pedestrians in London. With this recent terror attack, Las Vegans have wondered whether the Las Vegas is safe for pedestrians. Action News 13 recently discussed the safety of Las Vegas pedestrians. In the recent article, Action News 13 reported that barriers have been erected on the Las Vegas Strip to protect pedestrians.[i]Those barriers, however, have been there for a while and did not prevent the pedestrian deaths at intersections. Terrorist attacks are not the main cause for concern for pedestrian deaths in the Las Vegas Valley. Pedestrian accidents are seen too many times in Las Vegas. Early this month, 54-year old Louis Gagliano was struck and killed by a driver who abruptly changed directions on Sahara Avenue, near Rainbow Boulevard.[ii]

Record-breaking Pedestrian Fatalities

The Review Journal reported early this year that a study by the Nevada Office of Traffic Safety showed that Clark County had set a record-breaking number of pedestrian fatalities in 2017.[iii] Per the report, 78 people were killed by vehicles on public roads, breaking the previous unenviable record of 60 pedestrian deaths in 2015. One of the factors cited by this report is distracted pedestrians, specifically pedestrians who were looking at their cellphones while crossing an intersection. Mr. Gagliano, the man killed early this month, was the 80^thtraffic-related death in Las Vegas this year, according to the Las Vegas Review Journal.

The other factors cited in the report are all too familiar in Las Vegas car accident injuries – drunk drivers or other impaired drivers, speeding, and failing to pay attention. Drivers, however, are not the only ones to blame. As mentioned above, cellphones have been cited as causing pedestrians to be distracted as they cross the street. Impaired pedestrians – or drunk walkers – were also mentioned in the Nevada Office of Traffic Safety study.

As a result of the increasing number of pedestrian fatalities and injuries, the Nevada Department of Transportation (DOT) are slated to spend millions to provide better protections for pedestrians. One example is a $3 million project along Boulder Highway that involves installing flashing beacons, as well as wider medians and crosswalks. According to the study, there were about 10 pedestrian deaths involving motor vehicles on Boulder Highway last year. The Nevada DOT is also undertaking a $2.4 million study of additional safety improvements along a 16-mile highway between Las Vegas and Henderson.

Get Help Now If A Car Has Injured You

If a motor vehicle has injured you or a loved one, the experienced Las Vegas personal injury attorneys at D.R. Patti & Associates can help. Speak to an attorney now and call 702-331-3391. Our experienced Las Vegas personal injury attorneys have obtained millions of dollars for victims, including injured pedestrians.

D.R. Patti & Associates Obtains Six-Figure Settlement in Las Vegas Scooter Accident

Posted by drpadmin on August 4, 2018

From our extensive experience as personal injury attorneys, we have seen our fair share of unfortunate Las Vegas scooter accidents and the injuries and other damages they cause. Thankfully, we have been able to obtain compensation for Las Vegas scooter accident victims. Recently, we were able to obtain a six-figure settlement for two people riding an electric scooter who was struck and injured by a truck. Unfortunately, based on statistics, we know that this may not be the last Las Vegas scooter accident we see and work on.
In an unstable economy and averaging between 60 to 100 miles per gallon, mopeds and scooters have been the cheaper option for many people, particularly those on college campuses, and their popularity has been increasing.[1] The popularity of this economical mode of transportation is evident on the Las Vegas Strip all the way to downtown, with tourists opting for this cheaper way to see the sights and casino-hop. One study estimates that moped and scooter sales have increased by as much as 60% in recent years.[2]

Unfortunately, the increased use of mopeds and scooters has led to more accidents, crashes, injuries and even fatalities. A recent Florida study found the following to have been common factors in those accidents resulting in severe injuries and fatalities: lack of a helmet, the speed of the moped or scooter, the speed limit in the area of the accident, and the amount of traffic in the area.[3]

It is no surprise that the lack of a helmet has contributed to the more severe injuries and fatalities. In many of these tragic events, the operators of mopeds and scooters were not wearing helmets.[4]The Florida study revealed that only 17% involved in moped or scooter crashes wore helmets. In Nevada, while motorcyclists are required to wear helmets that meet standards set by the U.S. Department of Transportation, those driving mopeds 50 cc or under, with less than 2 horsepower and capable of no more than 30 mph are not.[5]

The Florida study also found a high correlation between the speed of the moped/scooter, the speed limit in the accident site, and the amount of traffic. The number of accidents and severity of injuries increased when the street had three (3) or more lanes of travel.[6]The number of accidents resulting in severe injuries or fatalities also increased when the scooter/moped was driving above 20 miles per hour and the speed limit in the area was over 30 miles per hour.[7]All of these factors make sense – mopeds and scooters traveling in a busier area with faster cars will have greater chance of being involved in an accident and a greater chance of causing severe injuries or deaths. Like motorcycles, mopeds and scooters are sometimes difficult for other drivers to see on the roads. Thus, car drivers, who are likely not anticipating them or looking out for them, will likely not watch out for moped and scooter drivers.

Moped and scooter drivers must watch out for themselves. The lessons from the Florida study: wear a helmet and avoid driving in high traffic areas. Be safe out there.

If you are a moped or scooter driver who is injured in a car accident, call the Las Vegas scooter accident attorneys at D.R. Patti & Associates, or email us and see how we can help you obtain the compensation you deserve.

Can’t Afford Hospital Bills After Las Vegas Car Accidents?

Posted by drpadmin on March 4, 2018

From our extensive experience as Las Vegas personal injury attorneys, we have seen the huge hospital bills after Las Vegas car accidents our clients receive. For the injured victims of Las Vegas car accidents without health insurance, those hospital bills could prove devastating. One emergency room visit to a Las Vegas valley hospital after a car accident can amount to thousands of dollars. In many cases, when a hospital knows that someone was injured in a car accident, the hospital bills after Las Vegas car accidents are usually higher than for any other type of injuries. In Las Vegas car accident cases, the hospitals know they can assert a lien against the car insurance company of the negligent driver that caused the accident.
Despite the Affordable Healthcare Act, many people still do not have health insurance, and many more people than that cannot afford the hospital bills resulting from a car accident, which bills could be in the thousands of dollars. Nevada hospitals can hold off on receiving payment until a settlement or the personal injury claim is resolved by issuing a hospital lien. Section 108 of the Nevada Revised Statute governs hospital liens. NRS 108.590(1) provides:

Whenever any person receives hospitalization on account of any injury, and the injured person, or a personal representative after the person’s death, claims damages from the person responsible for causing the injury, the hospital has a lien upon any sum awarded the injured person or the personal representative by judgment or obtained by a settlement or compromise to the extent of the amount due the hospital for the reasonable value of the hospitalization rendered before the date of judgment, settlement or compromise.

To be able to put the hospital bills on a lien, the hospital must be made aware that the treatment is a result of a car accident. The hospital will also want to know the car accident’s personal injury attorney and the car insurance company of the person who caused the accident. A hospital lien, however, will not necessarily stop the hospital from sending the bill into collections or reporting the outstanding bill on your credit report. Speak to the hospital about this at the time of your treatment or soon after.

To be valid and enforceable, the hospital lien must be recorded with the county recorder’s office and sent by certified or registered mail to the insurance company of the person responsible for the car accident, as well as that person. NRS 108.610 provides:

NRS 108.610. Notice of lien required: Recording and service. In order to perfect the lien, the hospital or the owner or operator thereof shall:

Before the payment of any money to the injured person or to a legal representative as compensation for injuries received, record a notice of lien, substantially in the form prescribed in NRS 108.620, containing an itemized statement of the amount claimed. The notice of lien must be filed with:
(a) The county recorder of the county wherein the hospital is located; and
(b) The county recorder of the county wherein the injury was suffered, if the injury was suffered in a county other than that wherein the hospital is located.
Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the person alleged to be responsible for causing the injury and liable for damages on account thereof and from which damages are claimed.
Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the insurance carrier, if known, which has insured against liability of the person alleged to be responsible for causing the injury and liable for damages on account thereof and from which damages are claimed.

Additionally, the hospital is required to provide a thirty percent (30%) uninsured discount if you make payment arrangements in advance. Under § NRS 439B.260(1), hospitals generally must reduce charges by 30 percent to inpatients who lack insurance “or other contractual provision for the payment of the charge by a third party,” are not eligible for public medical payment assistance, and arrange within 30 days of discharge to pay the hospital bill. See Bielar v. Washoe Health Sys., Inc., 129 Nev. Adv. Op. 49, 306 P.3d 360, 361 (2013). In that case, the car accident victim, after paying the hospital its full bill, sued the hospital claiming that the hospital’s charges were unreasonable and that the hospital failed to give her the mandatory 30% discount under NRS § 493B.260. She presented evidence at trial that the hospital had made a 185% profit margin on the victim’s bill and that the hospital overcharged the victim. The district court held that the victim was ineligible for the 30% statutory discount because of the personal injury settlement she received much later after her hospitalization. On appeal, the Nevada Supreme Court held that the victim was eligible because at the time the victim received the hospital services, she had no health insurance or other insurance that would cover her bills. According to the Court, the subsequent personal injury settlement cannot be considered as “other contractual agreement.”

The hospital lien is enforceable only against the insurance company of the person responsible for the car accident, otherwise known as liability insurance. This means that the hospital cannot enforce its lien against a car accident victim’s uninsured (UM) or underinsured motorist policy. See Washoe Medical Center, Inc. v. Reliance Ins. Co., 112 Nev. 494, 915 P.2d 288 (1996) (holding that Nevada’s hospital lien statute does not encompass an individual’s UM benefits for several reasons).

If you were in a Las Vegas car accident and have medical bills piling up, contact the experienced Personal Injury Attorneys of D.R. Patti & Associates to help you. We obtain not only fair compensation for the injuries suffered by our clients but also negotiate with hospitals and other medical providers to reduce our clients’ medical bills. We have helped many clients with their hospital bills after Las Vegas car accidents.

Drugged Driving: Alcohol Is Not the Only Cause of Las Vegas DUIs, Car Accidents, and Personal Injuries

Posted by drpadmin on February 4, 2018

In our over 26 years of experience as Las Vegas personal injury attorneys, we have seen our fair share of car accidents caused by drivers who were impaired or high on drugs, both illegal and legal drugs. A while back ago, the Las Vegas car accident attorneys at D.R. Patti & Associates represented the families of two victims of a car accident caused by an individual who was under the influence of prescription drugs. The at fault party was so high she did not even realize she had hit another car and killed one of the victims. In another case, our Las Vegas personal injury lawyers represented an individual who was rear-ended by a Porsche driving at 70 miles per hour at least. The police questioned the Porsche driver, who kept falling asleep, and ultimately the driver admitted to having taken Ambien, a sleeping pill, within 30 minutes before driving. In another case, a client was injured when her car was rear-ended; the person who rear-ended her apologized profusely and asked her not to call the police, saying that he was on new prescription pain medications and should not be driving.

It is no surprise that certain legal prescription medications can affect driving ability. At this day and age, we should be familiar with the warnings that accompany many prescription drugs against the operating of machinery—including motor vehicles. This means that certain medications, even when taken legally and according to doctor’s instructions, can cause car accidents.

Despite such warnings, driving under the influence of such medications, alone or in combination with alcohol, the number of people found to drugged driving remain relatively significant. The 2007 National Roadside Surgery by the National Highway Traffic Safety Administration (NHTSA), more than 16% of weekend, nighttime drivers tested positive for medications, whether illegal, prescription, or over-the-counter.

A 2009 NHTSA study found that 18% of drivers who died as a result of a motor vehicle accident tested positive for at least one drug. This represented an increase of 5% from the 13% in a 2005 NHTSA survey.
The number of people driving under the influence and not caught is even greater. Results from a 2009 National Survey on Drug Use and Health (NSDUH) revealed that about 4.2%, or approximately 10.5 million people 12 years and older, self-reported driving under the influence of illicit drugs. For those 18 to 25 years old, the percentage is even greater, rising to 12.8%.

A problem with apprehending drugged drivers is that there is no test like a breathalyzer that can be performed, investigating law enforcement officers must look for other outward signs of drug impairment, such as by performing field sobriety tests. Education of drivers against the dangers of driving while under the influence of medication, whether legal or illegal, should hopefully help curb these incidences.

Under Nevada law, drivers don’t have to “blow” the legal limit for drugs or alcohol to be impaired. Section 484C.110 of the Nevada Revised Statutes (NRS) prohibits driving under the influence of any combination of substances that renders the driver unfit to drive. Such substances include properly prescribed pain medication. The statute, NRS § 484C.110, provides in pertinent part as follows:

NRS 484C.110. Unlawful acts; affirmative defense; additional penalty for violation committed in work zone.
. . .

It is unlawful for any person who:

(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

If you’ve been injured in a car accident in Las Vegas that was caused by a driver under the influence of drugs then call and speak to a car accident lawyers at D.R. Patti & Associates.