Handling Accident

You were involved in a car accident . You called the police, but since you aren’t bleeding on the roadway, they won’t come to the accident scene. What should you do after the car accident, while you are still at the accident scene? If you were involved in an auto accident and the police have declined to respond to the accident scene, there are few steps you can take to document the accident.   Step 1 Exchange Information.  After an accident, ask the other driver for their insurance information. They are required by law to have it with them at all times while they are driving on the Las Vegas roadways.   Step 2 Witnesses.  Sometimes, the word of a disinterested witness can decide your case. If there were any witnesses to the car accident, get their names and contact information. Only you can get this information. Ask them for their cel phone number and email as well as their home address and where they work. People tend to move or change phone numbers. So, if you hav...

Today’s discussion centers on the ground rules for a deposition in Las Vegas injury court cases. A deposition is just a statement under oath. For more information on depositions themselves, please see my previous discussions of them.    Transcript. When a deposition starts, the court reporter will ask you to raise your right hand and affirm under the penalties of perjury, that you will testify to the truth. In a deposition, the court reporter will take down all questions asked and your answers. So, the final product will look like a play. Although the deposition will likely take place in a conference room, you need to be mindful that a deposition is considered an official court proceeding and anything you say will be part of the court record. Best Testimony. The attorney asking the questions will ask you if you have taken any medication on the day of your deposition and if so, what medications. This question is asked to see if you can give your best testimony, or if the depos...

Many people wonder how juries are selected in Las Vegas auto accident cases. Potential jurors are questioned regarding their ability to act as jurors. This questioning is called “voir dire”. Most state court judges in Nevada, start this process off by asking questions of potential jurors to see if any of them could qualify to be on the jury. So, anyone who is not a U.S. citizen or has a felony conviction, would not be eligible to sit on a jury in Nevada. When the judge asks their questions, it is usually of a broad nature. For example, if someone has a nursing baby at home and they therefore cannot be in a two week trial. These reasons to be off the jury are called “hardship” reasons and the judge may excuse a juror if severe hardship is present. Once the judge finishes this initial canvassing, then each side gets to ask the jurors specific questions. If any juror is embarrassed or would like privacy when answering certain questions, then that particular juror can be questioned out of...

When a lawsuit is filed, your injury attorney will have to state causes of action that apply in your Las Vegas car accident case. A “cause of action” is a set of facts that, if proved, entitle you to relief. In Las Vegas, typical causes of action in personal injury cases are negligence, negligence per se and negligent entrustment. The elements of each cause of action will be discussed.  Negligence. The most common cause of action in an auto accident case is Negligence. The legal elements of Negligence are (1) defendant (at-fault party) owed a duty to plaintiff (injured party); (2) defendant breached that duty; (3) defendant’s breach caused plaintiff’s injury; and (4) plaintiff suffered damages. So, each party has a ‘duty’ to act reasonably. If they ‘cause’ an accident, then they ‘breached’ that duty. If you were injured in the accident, then you sustained “damages”. Negligent Entrustment. In a car accident case, where someone was driving another person’s car and they caused an a...