Driving under the influence of alcohol or other intoxicants is a serious crime in Nevada even if the person who is arrested for it does not cause an accident.  However, the penalties and potential liability for a defendant becomes much more severe if a DUI accident occurs and especially if a person is injured or killed as a result.  Such appears to be the case with a local woman who was arrested in connection with a fatal Las Vegas DUI accident that killed a man last Friday when her vehicle rear-ended the victim.  The defendant appeared in court and bail was set at $100,000.00.  The woman has a history in this regard as well, as she was convicted of a Nevada DUI in 2001.

The Nevada statute that governs this situation is relatively clear:

“NRS 484C.430 Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; aggravating factor. [

1.  Unless a greater penalty is provided pursuant to NRS 484C.440, a person who:

(f) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110, and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.”

Aside from the obvious criminal liability the woman faces, she could also face civil liability if the family of the deceased seeks help from a Las Vegas wrongful death lawyer.  If someone you love has suffered the same untimely fate, you need the help of a Las Vegas DUI accident lawyer who understands how to hold those responsible for these acts accountable.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.

We posted last month regarding the tragic story of a runner who was killed by a vehicle while he was participating in a long distance race. Even though the driver attempted to flee the scene, he was caught, arrested and charged with DUI resulting in death.  The story has continued to progress, and the defendant had his day in court last week where he pleaded guilty to one charge.

According to the Las Vegas Sun:

“A 25-year-old Henderson man is facing prison time after pleading guilty today to being under the influence of alcohol when he fatally struck a relay runner in October.

Joshua Salayich pleaded guilty to one count of driving under the influence resulting in death or substantial bodily injury in connection with an incident Oct. 10 that left 33-year-old relay runner Jeremy Kunz of Kamas, Utah, dead.

The charge carries mandatory prison time of two to 20 years. A second charge of leaving the scene of the accident will be dismissed as part of the plea agreement, prosecutor Shelly Small said.

Salayich had a blood-alcohol level of .265 at the time of the incident, Small said.

The case is Salayich’s first drunken driving offense. He was arrested after police said he lost control of his vehicle near Horizon Ridge Parkway and Stephanie Street, striking Kunz, who the coroner’s office said died of several blunt force traumatic injuries received as a result of the collision.”

While it appears that the criminal prosecution of this case is all but complete other than the sentencing, it does not prevent the possibility of civil liability arising.  If you or someone you love has been injured or worse in a crash, you need the help of Las Vegas car accidents lawyers with years of experience in holding those responsible for these tragic results accountable.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.

New Year’s Eve is a night that’s celebrated around the world, and few places are more celebratory and festive than Las Vegas.  People come from around the world to ring in the new year in a place that’s made for action, but unfortunately, many people make bad decisions while taking part in the festivities.  As such, it should be no surprise that the number of DUI arrests in the area increased this year when compared to New Year’s Eve of 2009.

According to KTNV:

“Nevada Highway Patrol reports an increase in DUI arrests as partiers continue to get behind the wheel after a night of partying. Tentative numbers put New Year’s Eve/New Year’s Day DUI arrests at 82 and NHP warns that the number will likely rise as all violators are entered into the system.  Last year NHP made 73 DUI arrests.

“They don’t think they’re going to get caught,” says NHP trooper Alan Davidson.  ”They always think it won’t happen to me.”

While some DUI drivers are difficult to spot, Davidson says most are not.

“You know a lot of drunks forget to turn on their lights. They don’t even pay attention. We see that a lot,” says Davidson.”

On the positive side, there have yet to be any reports of serious injuries or fatalities as a result of driving under the influence over the new year, but the increase in the number of incidents remains troubling.  If you or someone you love has been injured or worse in a DUI-related accident, you need the help of Las Vegas car accidents lawyers who have decades of experience in successfully holding those responsible for these injuries accountable.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.

Las Vegas has always been known as a place where people like to have a good time.  When you combine that constant with the holiday season, it may create a festive atmosphere, but it also tends to lead to more risk for anyone who’s behind the wheel in the area at any given time.  Unfortunately, two people paid a price for the risks that are inherent on the local roads this time of year when they were hit by a suspected drunk driver and sent to the hospital.

According to KTNV:

“Police arrested a man for DUI after an accident near Desert Inn and Eastern. Police say they tried pulling over a mini van and it wouldn’t stop. Police say the van ran a red light and then hit another car. Two people were taken to the hospital with back and head injuries. The driver of the mini van was arrested.”

Clearly, the man driving the mini van could face a host of criminal charges given the conduct that led to the injuries occurred during what appears to have been a police chase.  Regardless of the criminal charges, however, the driver could also face significant civil liability for the damages and injuries he caused while attempting to flee the police.

If you or someone you love has been harmed as a result of being hit by a drunk driver, you need the help of Las Vegas personal injury lawyers who understand how to hold those responsible for these types of injuries accountable.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.

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, 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.

On February 15, 2008, while a pedestrian walking across a Las Vegas street at a cross walk after getting a cup of coffee during his work break, John Doe was violently struck by a negligent driver. The impact hurled him into the air and against the hood of the car before he toppled to the pavement. As a result, he suffered severe injuries to his neck and knee. This avoidable accident occurred for one reason: The driver was intoxicated. The driver was drunk and should not have been behind the wheel.

While the Las Vegas accident attorneys at Jack Bernstein & Associates could not bring back Doe’s health, Jack Bernstein & Associates successfully forced the drunk driver’s insurance company to pay the insurance policy limits this week.

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.