ATV Accident Kills Las Vegas Man; Family Sues Manufacturer

On February 25, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

Riding off-road on an all-terrain vehicle can be fun if you keep safety in mind. So smart ATV riders wear a helmet and padding, take an instructional course on how to drive the vehicle, and remain mindful of other riders in the area. What these riders don’t expect is for the ATV to operate improperly. When this happens, it can lead to disastrous consequences.

That’s what the family of a Las Vegas man claimed happened in 2008 after he was killed while riding a Yamaha Rhino all-terrain vehicle. David Morgan was riding the ATV near Decatur Road and the 215 when the Rhino flipped, killing him. Now, a local television station reports that Morgan’s family is suing Yamaha Motor Company, claiming that the Rhino was manufactured with “faulty equipment.”

The Morgan family’s wrongful death lawsuit isn’t the only one that has been filed in connection with the Rhino. Yamaha has been named in dozens of other suits related to the ATV, which was voluntarily pulled from the market a year after Morgan died. Critics say that the Rhino’s narrow wheel base makes the ATV tip over without warning, even when it is being driven under normal conditions. A total of 46 deaths have allegedly been linked to the Rhino.

If Morgan’s family heirs are successful in their wrongful death lawsuit, they could be awarded damages for burial expenses, reimbursement for lost future wages that Morgan would have earned in his lifetime, compensation for pain and suffering, and perhaps even punitive damages if Yamaha is found to be at fault. If you or a loved one has been hurt in an ATV accident involving a Rhino, you may want to consult with a qualified product liability attorney.

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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UPDATE- Lawmakers Debate Bans on Cell Phone Use While Driving

On February 23, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

We told you earlier that state lawmakers are considering legislation that would outlaw texting while driving and/or cell phone use while driving. This week, state senators heard testimony about the pros and cons of such laws.

Shirley Breeden, a Democratic senator from Las Vegas, is the sponsor of SB-140, which would outlaw the use of all handheld portable electronic devices while driving in Nevada. A total of 30 states already have similar laws on the books. The Nevada Highway Patrol reported that 10 fatalities and over 1,200 injuries were caused by distracted drivers, which includes those who were using cell phones.

Victims of auto accidents involving cell phone use while driving testified before the state Senate. The parents of 18-year old car accident victim Hillary LaVoie also appeared before lawmakers, saying that their daughter would be alive today if the driver of the car she was riding in was not texting and posting messages on Facebook with a cell phone. Also, 27-year old Jennifer Watkins told senators how she went through six surgeries to repair the multiple injuries she suffered in a 2004 auto accident caused by a driver who was allegedly using a cell phone.

SB 140 would not apply to police, fire personnel, ambulance drivers, and similar first responders. A representative of the Nevada Motor Transfer Association requested that truck drivers using CB radios also be exempted from the law. One public defender expressed concerns that the law would lead to police pulling over drivers for no other reason than for glancing at a cell phone – which could open the door to racial profiling and other questionable practices.

If passed by both the Nevada Assembly and Senate and signed into law by the governor, SB 140 could take effect later this year.

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Cell Phone Use While Driving May be Outlawed Soon in Nevada

On February 17, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

Currently in the United States, no state has enacted a comprehensive ban on cell phone use while driving. Thirty states have outlawed texting while driving, and California only allows hands-free cell phone use. But at this time, Nevada does not have any restrictions on cell phone use while driving.

That may change sometime this year.

On Wednesday, a state lawmaker from North Las Vegas expressed his support not only for legislation that would prohibit texting while driving, but also for a complete ban on cell phone use while driving. This statement is significant because Kelvin Atkinson is the chairman of the Assembly Transportation Committee which oversees this type of legislation – and he was against outlawing cell phone use while driving just two years ago (when he refused to allow a vote on a Senate measure banning texting while driving).

As he introduced Assembly Bill 151 this week which would outlaw texting while driving, Atkinson explained his change of heart by citing two factors. One was a substantial amount of input from his constituents who reported being involved in motor vehicle accidents with texting drivers, and the other was the notion that the federal Department of Transportation might take away state’s transportation funding unless such laws are in place.

Atkinson also said he believes that both state houses support a total ban on cell phone use while driving. To that end, Las Vegas Assemblyman Harvey Munford submitted Assembly Bill 173 on Wednesday which completely prohibits handheld cell phone use while driving. This bill is similar to one submitted last week by Henderson state senator Shirley Breeden.

Governor Brian Sandoval has not yet taken a position on these measures, saying that he wants to review the actual legislation first. But if these bills are passed and signed into law, they could take effect on October 1 of this year or even sooner. In addition to criminal charges that would be faced by cell phone using drivers, accident victims would have stronger personal injury lawsuit cases in civil court if they could show that the plaintiff was talking or texting on a cell phone while driving.

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Rock Thrown Through Windshield Kills Woman in Pahrump

On February 16, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

Sometimes, you read about incidents which make you shake your head and ask, “Why?” These types of stories are especially troublesome when someone gets hurt as a result. Unfortunately, one such incident occurred in Pahrump last week.

Authorities are investigating why three men threw a large rock through the windshield of a car at a service station in Pahrump near Blagg Road and Highway 372. A 20-year old woman sitting in the passenger seat suffered severe injuries to her head and had to be airlifted to University Medical Center in Las Vegas.

Perhaps the most troubling aspect of this occurrence is that Thursday evening’s rock-throwing incident appeared to have been planned. And it wasn’t executed by a couple of prank-happy teenagers. Three men are suspected in the attack, and they are still at large. Police have identified the suspects as 23-year old Timothy Michael Hannah, 20-year old Kevin Thomas Hannah, and 23-year old David Neil Taylor. At least one of the men is believed to have fled to Las Vegas or the surrounding area.

No details have been released by authorities regarding a possible motive or any circumstances which may have contributed to the attack. Hopefully, this means that investigators do possess additional information but are not sharing it with the public until the suspects are in custody.

Because Taylor is facing charges including assault with a deadly weapon and the two Hannahs are being sought on accessory charges, this may indicate that officials believe that Taylor was the one who actually threw the rock through the windshield of the vehicle. In addition to criminal charges, the victim would likely be entitled to monetary damages in any future personal injury lawsuit.

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Wrong-Way Collision on I-15 in Clark County

On February 16, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

When you’re driving on the interstate, you need to be aware of all of the activity going on around you. You must watch out for other drivers changing lanes. You need to be aware of merging traffic. You have to be alert for sudden slowdowns caused by construction or accidents. And you have to know where you are going so you can know when to exit.

One thing you are probably not focusing on is avoiding a wrong-way collision – because you aren’t expecting oncoming traffic on the interstate.

Unfortunately, a 37-year old man was hospitalized because someone was driving the wrong way on Interstate 15 near Mesquite in Clark County near the Nevada border. On Saturday afternoon about 3:30pm, the man was driving his gray Infiniti when he was struck head-on by a black Lexus traveling north in the southbound lanes around mile marker 117. The 85-year old male driver of the Lexus was killed, and the Infiniti’s driver was airlifted to University Medical Center with critical injuries.

The accident remains under investigation. There is no word on how the Lexus came to be traveling the wrong way on Interstate 15.

A wrong-way collision on an interstate is especially dangerous not only because the accident victims traveling in the correct direction are not expecting it, but also because of the speeds involved with interstate highway travel. Even high-priced vehicles like those made by Lexus and Infiniti (which generally have better safety features than vehicles at lower price points) are still unable to prevent serious injuries from occurring in a wrong-way collision on an interstate.

If you have been injured in a wrong-way collision in Clark County, contact a qualified car accident attorney to see about receiving appropriate compensation through a personal injury lawsuit.

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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UPDATE- Hit-And-Run Suspect Remains Mum

On February 2, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

We’ve told you about the fatal hit-and-run accident which took place on I-15 in Las Vegas last month that claimed the life of a 44-year old mother of two. A woman fled the scene of an accident after the Mercedes she was allegedly driving slammed into an SUV, killing assistant casino manager Inaya Sabra. The suspect also rear-ended a pickup truck, whose driver suffered neck and spinal injuries. About two weeks after disappearing on foot, the suspect, 31-year old Natalie Dawn Dubuisson, turned herself in to authorities.

But what seems like a cut-and-dried case is being muddied by Dubuisson’s refusal to give a statement to the Nevada Highway Patrol. As a result, she has not yet been charged with any crime because the NHP cannot prove she was behind the wheel of the Mercedes which caused the crash. And Nevada law only requires the driver of a vehicle to remain on the scene of a motor vehicle accident – but says nothing about the passengers in that vehicle.

But here is an important point to remember: while prosecutors must prove “beyond a reasonable doubt” that Dubuisson was the driver of the vehicle in order to obtain a criminal conviction, that standard does not apply in civil cases. Therefore, it is entirely possible that Dubuisson may be acquitted of (or never charged with) manslaughter, leaving the scene of an accident, and other criminal charges -  but still be found liable in a personal injury lawsuit brought by the driver of the pickup truck and/or a wrongful death lawsuit filed by Sabra’s family members. If this were the case, Dubuisson may not be fined or incarcerated, but she may be ordered to pay monetary damages to the plaintiffs – just like O.J. Simpson did over a decade ago.

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

 
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Are Las Vegas Taxicabs Sacrificing Safety?

On February 1, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

As a resident of Las Vegas, you may not be inclined to hail a taxi as much as a tourist would. But there are some instances where Las Vegas taxicabs might be attractive, especially if you need a ride to McCarran Airport. You might also call a cab if you are having car problems or realize that you are intoxicated and should not be driving.

But here’s an important question: are Las Vegas taxi drivers sacrificing safety because of outside pressures?

An article this week in the Las Vegas Sun sheds some light on the life of a cabdriver in our city. Some cabdrivers who were interviewed for the article revealed that they felt a substantial amount of pressure to “make book.” That term is industry lingo for keeping one’s daily fare averages at or above management-designated levels. The drivers who were interviewed cited the vast competition for fares (there are over 2,200 registered Las Vegas taxicabs) as a major reason for the pressure they feel. They claim that a failure to make book results in fewer shifts, weekday hours only, or a less desirable vehicle.

In fact, some of them report adopting habits which reduce the level of safety on Las Vegas roads. The article implies that some Las Vegas cabdrivers are being more reckless than they normally would be. One cabdriver even admitted to not taking a meal break and eating lunch in his cab. Eating while driving is a behavior that has been recognized by experts as increasing the chances of being in an accident.

Though industry sources cited in the article denied that the drivers are being pressured to sacrifice safety or penalized for not making book, a great many Las Vegas taxi drivers reported a variety of questionable practices among their peers. It is also interesting to note that the article’s author originally was only seeking feedback about a national taxi service survey which portrayed Las Vegas taxicabs in a positive light. But even with that in mind, many of the Las Vegas taxi drivers refused to answer any questions about their work – and none of them wanted to be quoted by name in the story.

Exactly what are Las Vegas taxi drivers not telling us?

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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