When someone drinks and drives and gets into an accident, he or she can face substantial consequences from prosecutors, especially if someone is hurt or killed as a result.  When an alleged drunk driver causes this sort of harm and then flees the scene, the consequences only become heavier after he or she is ultimately apprehended.  Such appears to be the case with a man who is accused of driving under the influence and killing a runner only to leave the scene afterwards.

According to the Las Vegas Sun:

“Salayich was arrested Oct. 10 after police said he lost control of his vehicle and struck a relay runner in Henderson. He is charged with driving under the influence with death, leaving the scene of an accident and resisting an officer.

Investigators said Salayich’s car went onto the shoulder of the road near Horizon Ridge Parkway and Stephanie Street and struck 33-year-old Jeremy Kunz of Kamas, Utah.

Kunz died of several blunt force traumatic injuries received during the collision, the coroner’s office said. The death was officially ruled an accident.

Salayich, who suffered minor injuries, is accused of running from the car after he allegedly struck Kunz. Officers caught him about half a mile from the scene and took him to the Henderson jail, reports said.”

Clearly, the defendant faces substantial time in prison if he is convicted.  However, this remedy does not preclude the family of the deceased from seeking justice in civil courts.  If you or someone you love has been injured or worse by a drunk driver, you need the help of a Las Vegas car accidents lawyer who understands how to hold those responsible for injuries accountable.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.

Yesterday, a Metro Las Vegas Police officer riding a motorcycle was injured when he collided with a PT Cruiser.

The officer was traveling east on Warm Springs near Jones Blvd.  The PT Cruise headed west on Warm Springs when the driver made a left in front of the officer to head south on Folded Mountain Way.  According to Metro Police, as a result of the impact, the officer was thrown off his motorcycle and catapulted about 100 feet across the pavement.  The officer was transported to University Medical Center in Las Vegas.  According to the police, the driver of the PT Cruiser showed signs of impairment and was arrested.

We hope that the officer was not seriously injured and is back doing what he loves in the very near future.  There is not enough information at this time to know whether alcohol or drugs played a role in the accident; however the trial lawyers at Jack Bernstein & Associates in Las Vegas are outraged by the deaths, injuries, and mayhem done by drunk drivers and battle hard to send a message on behalf of the victims of drunk drivers that driving while impaired will not be tolerated in this society. If you drink to the point that you are impaired, don’t get behind a wheel.  If you are not sure whether you are impaired, don’t gamble with some else’s life, don’t drive.  Drunk driving destroys innocent lives and families. It is profoundly personal to Jack Bernstein. He witnessed first hand the destruction and grief that is left in the wake of a drunk driving accident. His cousin, Mike Weinberg, was killed by a drunk driver. Accordingly, these cases are vigorously and aggressively pursued.   As a result of their aggressive representation, the accident attorneys at Jack Bernstein & Associates have a highly successful track record of obtaining the maximum insurance limits in drunk driving cases.

If you or a loved one is the victim of a drunk driver, you should immediately contact a Las Vegas accident attorney who has experience representing the victims of drunk drivers.  The consultation is free.

Wishing you and your family the best,

Scott L. Poisson, Esq.

Earlier this week, I posted that Beverly Gross was apparently struck by a vehicle driven by Martha Aceto while she was walking on a sidewalk. Initially, Mrs. Gross was transported to the hospital in critical condition.
Sadly, she did not survive the injuries. She is survived by 5 daughters and 14 grandchildren. Obviously, this is a complete tragedy that will have a profound effect on Mrs. Gross’ survivors for the rest of their lives. Fox 5 reports that the deceased’s daughters want justice and feel that a traffic ticket is not enough.

Jack Bernstein and I extend out thoughts and prayers to the family and friends of Beverly Gross during this difficult time.

In response to their reported comments about justice and fairness. In very general terms, our legal system is divided between criminal matters and civil matters. Criminal involves the prosecution by the government for crimes. Normally, the government seeks jail/prison time in criminal matters. Civil matters include actions like divorce, contract disputes, and personal injury cases. In civil matters, the individual bringing the action normally seeks money damages as compensate for injuries. If a drunk driver injures someone, the drunk driver may be prosecuted by the government for crimes and may also be sued by the injured victim. Accordingly, if a person is injured by a drunk driver or a reckless driver, the government may seek jail time in a criminal action but the injured person can file a civil lawsuit to recover monetary damages.

Accordingly, Beverly Gross’ survivors may have limited influence on whether the governement chooses to bring a criminal action, however they can proceed with a civil wrongful death action if they believe that their mother died as a result of negligence.

The loss of any life is tragic. The loss of life as a result of the negligence of another individual or entity is even more heartbreaking because it should not have happened. Anyone who believes that his or her loved one died in a car accident as a result of negligence should contact an experienced Las Vegas accident attorney. The attorney should have experience in handling wrongful death actions. An experienced accident attorney will be able to fully investigate the accident to determine the possible causes. In general, it is better to retain an attorney sooner rather than later while the evidence is fresh and witnesses are still accessible.

More About Wrongful Death in Nevada

Pursuant to NRS 41.085, in a wrongful death action, the heirs of a decedent may recover damages for grief or sorrow, loss of probable support, companionship, society, comfort and consortium , and damages for pain, suffering or disfigurement of the decedent. In addition, the Personal Representative of the Estate of the Deceased may also recover special damages for medical expenses, funeral expenses, and possibly punitive damages.

Sincerely,

Scott L. Poisson, Esq.

Sadly, a 24 year old motorcyclist dies early today. He is the fifth motorcyclist to die in the past week and the 50th traffic related fatality of the year to date. Investigators report that the man drove on Oakey Blvd. at a high rate of speed shortly after midnight when he lost control and struck a street light pole and a brick wall near Westwind Road. He was thrown from his bike and pronounced dead at the scene.

Our sympathies go out to the decedent’s family and friends. This sad news is a tragic reminder that the difference between life and death can be the blink of an eye when operating a motor vehicle.

For more than 25 years, Las Vegas injury attorney Jack Bernstein has sought to protect the rights of those injured as a result of individual and corporate negligence. Jack Bernstein & Associates has successfully represented people injured in a myriad of ways including but not limited to motor vehicle accidents, slip/trip and falls, medical negligence, nursing home negligence, dog bites, and product liability. If you or a loved one has been injured as a result of negligence, I urge you to contact an experienced accident law firm like Jack Bernstein & Associates. The consultation is free. The time period (“statute of limitations) to make a claim is not endless. Often times, the time period is rather short. Therefore, time is often of the essence. Jack Bernstein & Associates can be reached at 702-434-4444. Your questions can also be asked at the website of www.bernsteinslaw.com.

Best wishes

Sadly, two people in the Metro Police jurisdiction lost their lives in traffic related deaths this week. Metro Police announced that these fatalities bring the total traffic related deaths in 2009 to 46.

On Tuesday evening, tragedy struck a 48 year old riding his motorcycle on Desert Inn near the intersection of Crystal Water Way. Reports indicate that an SUV pulled int othe road from an apartment complex and struck the motorcyclist knocking him into the path of another vehicle. The motorcyclist was transported to UMC where he was pronounced dead. The driver of the SUV fled the scene. However, the police tracked him down and arrested him on Wednesday. Amazingly, the driver was only 15 years old. He has been charged with felony hit and run with a death.

On Wednesday morning, another motorcyclist died in a collision with a 2008 Hummer. According to reports, 75 year old Heinz Ward drove the Hummer north on Durango and proceeded to make a left turn to go west onto Sahara Avenue. The motorcyclist was traveling south on Durango and was unable to stop when the Hummer turned in front of him. Unfortunately, the motorcyclist was pronounced dead at the scene. Police reported that no charges have been filed but an investigation is ongoing.

Our sympathies go out to the families and friends of the decedents.  Carelessness in the blink of an eye can alter the course of so many lives.  Spouses can become widows or widowers.  Children can become parentless.  Parents can have to do the unthinkable and bury a child.  The list goes on and on.   Any death is terrible; however, a preventable death is even more tragic. When a person gets behind the steering wheel in a car or SUV, he/she has a duty towards pedestrians, motorcyclists, and fellow drivers to utilize a duty of reasonable care. While it is common sense, drivers need to be reminded that motor vehicles can become deadly weapons and must be treated with respect. Drivers need to maintain a proper lookout and be especially mindful of pedestrians and motorcyclists which may be more difficult to see than other cars. Drivers need to use good judgment in controlling speed based upon the immediate circumstances and conditions which may dictate use of a speed below the limit. Drivers must remember that their time is not any more important than that of another. Drivers that are in a hurry are more prone to be less careful resulting in an accident. Finally, drivers should refrain from talking on cell phones unless “hands free” devices are used. Reading and typing text messages should obviously be forbidden.

If a driver fails to use reasonable care and negligently causes injury or death, the injured person or the survivors of a decedent have a right to pursue monetary compensation for their losses. Damages may include economic losses such as medical expenses and wage losses as well as noneconomic losses to compensate for bodily injury, scarring, pain and suffering, mental damages, loss of companionship, and a reduction in the enjoyment of life.

If you or a loved one has been the victim of vehicular negligence, you should contact a trial attorney with experience handling negligence and wrongful death cases. An experienced trial attorney understands the importance of securing evidence as early as possible not only to prove fault but to also demonstrate damages to fully maximize a recovery.

Las Vegas attorney Jack Bernstein has been helping the victims of negligence for more than 25 years. His partner, Scott Poisson, has been practicing injury law for more than 16 years.  They have helped thousands of people obtain the compensation that they deserve for the injuries suffered as a result of negligent drivers.  You can contact Jack Bernstein & Associates for a free consultation to discuss your legal rights at 702-434-4444 or 888-592-4529.

On June 20, 2009, Dale Criske died while riding his motorcycle when it was struck by an SUV. The Nevada Highway Patrol has reported that Silvano Rodriguez of was driving a Nissan Armada sport-utility vehicle when he swerved across both lanes of northbound traffic and into a motorcycle Criske was driving on the southbound Beltway approaching Ann Road with his wife of only a few weeks . Criske was pronounced dead at the scene. His wife suffered serious injuries and remains hospitalized. Trooper Kevin Honea said Rodriguez failed a field sobriety test and was arrested on a charge of driving under the influence. Trooper Kevin Honea said Rodriguez failed a field sobriety test and was arrested on a charge of driving under the influence.

The statistics regarding the number of deaths and injuries caused by drivers under the influence of alcohol or drugs is staggering. According to MADD, on average, someone is killed by a drunk driver every 40 minutes. It is estimated that 12,998 people died in drunk driving related motor vehicle accidents in 2007.

The trial lawyers at Jack Bernstein & Associates in Las Vegas are outraged by the deaths, injuries, and mayhem done by drunk drivers and battle hard to send a message on behalf of the victims of drunk drivers that driving while impaired will not be tolerated in this society. The lawyers know that drunk driving destroys innocent lives and families. It is profoundly personal to Jack Bernstein. He witnessed first hand the destruction and grief that is left in the wake of a drunk driving accident. His cousin, Mike Weinberg, was killed by a drunk driver. Accordingly, these cases are vigorously and aggressively pursued. The team at Jack Bernstein & Associates works quickly and efficiently to obtain the crime scene evidence from the police. The police often videotape a drunk driver while he/she performs roadside sobriety tests. These tapes often capture outrageous behavior. Evidence such as this is then presented to the defendant’s insurance company in a manner that clearly shows that a jury will be inflamed by the defendant’s conduct. As a result of their aggressive representation, the accident attorneys at Jack Bernstein & Associates have a highly successful track record of obtaining the maximum insurance limits in drunk driving cases.

If you or a loved one is the victim of a drunk driver, you should immediately contact a Las Vegas accident attorney who has experience representing the victims of drunk drivers.

Wishing you and your family the best,

Scott L. Poisson, Esq.

Las Vegas injury attorney, Jack Bernstein, and associate, Glen Howard, successfully obtained a six figure settlement in a premises liability case. Bernstein’s client, Ralph Aguado, had recently moved into a multiunit rental community. On a December evening, while walking towards the parking lot, Aguado tripped on a metal pole that inexplicably was fastened to the outer gate to the ground. As a result, Aguado suffered a fractured hip which required surgery followed by 15 days in a rehabilitation center.

As soon as Aguado contacted Jack Bernstein & Associates, the firm immediately worked on trying to secure physical evidence that could help win the case. Aguado told the lawyers that the complex had already removed the metal pole. Fortunately, the lawyers successfully obtained a photo of the pole prior to its removal that an acquaintance had taken on a cell phone. In order to put maximum pressure on the complex’ insurance company, Bernstein decided that the prudent strategy was to quickly file a lawsuit. Once suit was filed, settlement negotiations were initiated which led to a successful resolution of the case. Bernstein was also prepared to argue that the lighting in the area was deficient.

Jack Bernstein is pleased that he was able to obtain an amount of money to fairly compensate Mr. Aguado for his injuries and the pain and suffering that he has endured. The key to this case was the firm’s aggressive work to secure the picture of the pole from someone’s cell phone before it was deleted combined with Bernstein’s effective litigation and negotiation strategy.

Jack Bernstein has more than 25 years experience and handled thousands of trip/slip and falls. Bernstein’s partner, Scott L. Poisson, has more than 16 years experience representing individual’s injured as a result of negligence. Jack Bernstein & Associates aggressively pursue trip/slip and fall cases because the firm believes that property owners have a duty to properly inspect and maintain their properties to remove hazardous conditions so as to prevent serious injuries. If you have been injured due to the carelessness or negligence of another person or business, contact Jack Bernstein & Associates to discuss your potential case. The consultation is free.

This morning, I looked at the Las Vegas Sun and read that a 25 year old man was flown by Flight for Life to University Medical Center’s Trauma Center in critical condition last night following a rear end collision while traveling northbound on Rainbow Boulevard. Rear end collisions seem so senseless and so preventable.

As I drive throughout Las Vegas and Clark County, it is a common sight to see two cars stopped in a lane with the front of one vehicle touching the rear of the other following a rear end collision. One of the most common inquiries that we receive is from an individual injured as a result of a rear end collision. Rear end collisions can cause serious injuries as evidenced by the accident reported by the Sun today. We all need to do our part to prevent these unnecessary accidents.

When a driver sits in the driver seat of a motor vehicle, he/she must recognize that a vehicle can become a dangerous instrument when not handled with the respect that it deserves. In this age of blackberries and iphones, people have become far too complacent as they attempt to multitask while driving down the road. Although it is common sense, it seems that people need to be reminded that their eyes need to be maintaining a lookout at the roadway and not at the keyboard on their phones. Another way to reduce rear end collisions and for that matter, all types of car accidents, is for people to remember that their lives are not more important than the lives of others. Far too often, people get behind the steering wheel and drive too fast under the circumstances because they are in such a hurry to get to their next destination. In essence, their actions are screaming that they value their time more than other people’s safety. This common behavior is flat out irresponsible!

There would be far fewer accidents if people would simply pay more attention while driving and if they would drive at a proper speed for the road conditions.

Jack Bernstein of Jack Bernstein & Associates has more than 25 years experience protecting the rights of people injured in rear end collisions. He has helped thousands of people obtain the compensation that they deserve for the injuries suffered as a result of negligent drivers. If you have been injured in a rear end collision, you should contact an experienced accident attorney to discuss your legal rights and options. You can contact Jack Bernstein & Associates for a free consultation at 702-434-4444 or 888-592-4529.

Wishing you and your family the best,

Scott L. Poisson, Esq.

Jack Bernstein & Assoc.

During the evening of February 18, 2009, a fatal roll over accident occurred in Henderson, Nevada. One person died at the scene and another person died while enroute to Sunrise Hospital and Medical Center. The accident occurred at Lake Mead Boulevard and Fiesta Henderson Parkway. The cause of the accident is under investigation and few details have been disclosed.The decedents’ names will not be released until the families have been notified.

Jack Bernstein and I extend our condolences to the families during this difficult time.

Since few details have been released, it is unknown how exactly this tragic motor vehicle accident occurred. There are several possibilities. The accident may have resulted from driver error. For example, the driver may have been traveling too fast under the circumstances. It is possible that the vehicle itself or the tires were defectively designed resulting in a rollover. If a product is defectively designed and/or manufactured, it is often referred to as a “products liability” case. Other possibilities include the negligence of the driver of another vehicle which may have caused the deceased driver to take evasive action which led to a rollover. As you can see, there are a myriad of possible causes for this catastrophe and these are only a few of the possibilities. Until more facts are released, it is too soon to narrow down the causes.

As many of you already know, the general area where this motor vehicle accident occurred can be extremely dangerous and difficult to navigate. When trying to get to Fiesta or 95 from 215, a driver is often required to make several lane changes in a very short period of time. Often, there is a mad dash by numerous cars that may be in each other’s blind spot. Please proceed with extreme caution through this area.

The loss of any life is tragic. The loss of life as a result of the negligence of another individual or entity is even more heartbreaking because it should not have happened. Anyone who believes that his or her loved one died in a car accident as a result of negligence should contact an experienced Las Vegas accident attorney. The attorney should have experience in handling wrongful death actions. An experienced accident attorney will be able to fully investigate the accident to determine the possible causes. Often times it is necessary for the attorney to hire experts in engineering and biomechanics in order to reconstruct an accident. In general, it is better to retain an attorney sooner rather than later while the evidence is fresh and witnesses are still accessible.

More About Wrongful Death in Nevada

Pursuant to NRS 41.085, in a wrongful death action, the heirs of a decedent may recover damages for grief or sorrow, loss of probable support, companionship, society, comfort and consortium , and damages for pain, suffering or disfigurement of the decedent. In addition, the Personal Representative of the Estate of the Deceased may also recover special damages for medical expenses, funeral expenses, and possibly punitive damages.

Sincerely,

Scott L. Poisson, Esq.