Vehicle Falls on Employee of Las Vegas Auto Shop

An auto shop employee died when a vehicle fell on him. The police officers responded to the scene at around 4:50 in the afternoon of the 14th of May 2018. The unfortunate event occurred at the Alex Auto Shop, which is located in Fremont St. near Mojave Road.

Lt. Grant Rogers of the Las Vegas Metropolitan Police Department said they have contacted the Occupational Safety and Health Administration to investigate the incident.

What Is the Occupational Safety and Health Administration?

The Occupational Safety and Health Administration (OSHA) is an agency under the U.S. Department of Labor. It is tasked to ensure workplace safety and the health of the workers.

Under federal law, every worker is entitled to have a safe workplace. Every employer shall ensure that the workplace is free from any safety or health hazards or any element that may impair the wellbeing of the employees.

If you or your loved ones are concerned about your health and safety on the job, you may contact OSHA. You may file a confidential complaint and request for an inspection of the workplace if you believe you are exposed to an unhealthful or unsafe working environment.

The employee who filed the complaint enjoys protection from retaliation. If the employer knows of the identity of the whistleblower employee, the employer is prohibited from firing, demoting, or discriminating the latter in any capacity.

If you or your loved one has been the subject of the employer’s ire and retaliation on account of the filing of the complaint with OSHA, you may file a whistleblower complaint with OSHA within 30 days from the time of the alleged retaliation.

Know Your Rights as an Employee

All employees are entitled to a safe workplace. Federal law provides that every workplace should be free of known safety and health hazards. In addition to these rights, all employees shall also have the right to be trained in a language that they understand.

The State recognizes the higher risk of injuries when operating machinery or working with toxic chemicals. To this end, the employer shall ensure the safety of the workers operating on machines.

Safety gear shall also be provided to employees working on high-risk activities; this includes gloves, harness and lifeline, etc. Adequate protection shall also be furnished to employees who are exposed to toxic chemicals.

Concerned about Your Hazardous Working Conditions?

If you believe your working conditions are unsafe or unhealthful, you may forward your concerns with OSHA by filing an appropriate complaint. You may also request for an inspection of the workplace. These complaints and inspection requests are treated with confidentiality.

As an added recourse, you may refuse to continue to work if the unsafe and unhealthful nature of the workplace clearly presents a high risk of serious injuries or death, and this was brought to the attention of the employer.

In the event of injury or death, get medical assistance ASAP. You may also need to inform the supervisor of the fact.

Contact a Las Vegas Workplace Accident Attorney

If you or a loved one has been injured in the workplace on account of its unsafe or unhealthful nature, you may be entitled to recover damages. In the same way, heirs and other survivors of a deceased employee may claim compensation.

Get in touch with a highly experienced Las Vegas workplace accident attorney. Contact Dan Lovell of the Empire Law Group.

The post Vehicle Falls on Employee of Las Vegas Auto Shop – workplace safety appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Las Vegas Pregnant Woman Killed in DUI Car Crash

Drinking and driving are not a good mix. This could lead to serious bodily injuries and damaged properties. Or worse, death. Here’s another alcohol-related car accident that resulted in a fatality.

In March 2018, a pregnant woman named Monique Leiwalo was driving on the northbound lane of Rainbow Boulevard around 7 in the morning. Suddenly a man driving an SUV hit another car and rear-ended Leiwalo’s vehicle. The force threw Leiwalo’s vehicle, crashing it into a pole. She died as a result.

But it was not only Leiwalo who perished in the car accident. The unborn child in her tummy also died. According to the deceased’s sister Jasmine, Leiwalo was scheduled to give birth in May. Originally from the Hawaiian island of Oahu, Leiwalo moved to Las Vegas in 2013 with her longtime beau Anthony Cruz.

The suspect, driving the SUV in question, was identified as Timothy Naas. After the car crash, Naas reportedly fled the scene. But he was later apprehended and criminally charged on suspicion of driving under the influence (DUI). The 29-year-old Naas was delivered to the Clark County Detention Center where he faces countless charges. Among the criminal actions filed against him include DUI and hit-and-run.

DUI Car Accidents Resulting in Wrongful Death Involving an Unborn Child

Is an unborn child considered a person for purposes applied in wrongful death cases? Yes, according to a 1972 case decided by the Supreme Court of Nevada in Weaks v. Mounter.

In Naas’ case, he may be criminally charged for the death of Leiwalo and her unborn child. Additionally, Naas may also face a civil action for recovery of damages arising from two counts of wrongful death.

Under Las Vegas jurisdiction, tortfeasors like Naas may be held liable for pecuniary losses. They will be required to answer for the decedent’s medical bills on his/her final illness or injury. Upon the latter’s death, these tortfeasors will also answer for the funeral or burial costs.

Tortfeasors will also be held liable to cover for the decedent’s lost future income, paying to the latter’s heirs. The heirs will also receive damages founded upon the decedent’s pain or suffering as well as the lost emotional guidance on the part of the dependents.

Establishing Liability in Las Vegas DUI Cases

To establish criminal and civil liability in wrongful deaths arising from Las Vegas DUI cases, the plaintiff will need to gather direct or circumstantial evidence to prove the fault or negligence of the tortfeasor. To wit, it must be shown to the court that:

the tortfeasor has the duty to observe proper diligence in operating his motor vehicle on the roadways,
(2) there was a failure to observe the requisite degree of diligence,
(3) this failure resulted in a violation of a safety statute; e.g., DUI laws,
(4) the violation of the safety statute involved an injury or death.

Based on the accident report, it can be deduced that Naas is liable for the wrongful death due to his failure to follow the DUI laws. However, from a legal standpoint, this fact needs to be presented and proven before the court.

You Need an Aggressive Las Vegas DUI Lawyer

If you or a loved one has been involved in a Las Vegas DUI incident, you may be entitled to compensation for injuries sustained. In the case of death, the heirs may be awarded the damages. For this purpose, it is highly recommended that you seek legal representation from a highly experienced Las Vegas DUI lawyer.

Get in touch with Dan Lovell of the Empire Law Group.

The post Pregnant Woman Killed in Alcohol Related Car Crash appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Running away from a scene of a vehicular accident may be a means to avoid liabilities. Only if you will not be caught. Otherwise, you just caused more trouble to yourself.

Hit and Run Accident Attorney Dan Lovell of Empire Law group can represent you if you have been the victim of a hit and run accident. Pedestrians and cyclists are at high risk on roadways, crosswalks and sidewalks. Get legal representation today from a Las Vegas Attorney.

But not only it is morally wrong, it is illegal too. Every person has the legal duty to help another person in distress.

For the victim, hit and run posed difficulty in seeking redress against the erring party. Hitting someone or someone else’s property is already a legal wrong. Running away from the scene to avoid the consequence adds insult to the injury. Historically, hit and run has been tagged as a menace to the administration of justice. Thereby, elevating the status of this legal wrong higher from a mere act of civil negligence.

In some states, hit and run incidents are criminalized. The act is punishable by imprisonment on top of liabilities for damages.  Other states take running as an aggravating circumstance indicative of bad faith. Thereby, it justifies higher penalties and stiffer monetary indemnifications. Thus, the award would include moral and temperate damages on top of actual damages.

The Norms of Conduct in a Vehicular Accident

There are accepted norms which most states share. Primarily, parties to the accident are obligated to not abandon the other party in an accident. Furthermore, they are also obligated to help a party who needs immediate medical attention. This is the foremost of all principles. Other norms are as follows:

• As soon as practicable, stop your vehicle and do not move anything.
• Contact traffic authorities to document the scene of the vehicular accident.
• Whenever practicable, speak with other party and exchange contact and insurance information.
• Whenever practicable, also have personal documentation of the accident. Take pictures and know the names and contact details of the people around who may have witnessed the crash.

Collision of Unattended Vehicle or Things.

There are scenarios when someone hits an unattended vehicle or thing. When waiting for the owner to return is not practicable, the erring party may leave; provided, however, that he takes note of the identity of the damaged property. He should also leave a note containing his contact details. But that is only the bare minimum. This is mostly applicable if the accident only results in minor damage to property. Otherwise, it is best if he reports the incident to the authorities and has the accident documented before he leaves the scene.

Instances When Running is Permitted

Safety to one’s life is the paramount consideration in almost all circumstances. This is a basic principle. This includes being involved in a vehicular accident. Whenever there is a likely threat to one’s life, he may run from it. In such situation, one is permitted to run from the scene of a vehicular accident.

Parties involved in a vehicular accident are obligated to report the incident to the authorities. The reason is not only legal but also practical. One may use the report to process insurance claim, even if there is no case filed in court. The report will form part of road accident and safety statistics. These statistics may be used as bases for safety innovations. Moreover, it is best to speak with an attorney following or immediately after a vehicular accident. Your attorney will help defend your interest and mitigate exposure to liabilities arising from the accident.

The post Hit and Run appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

The post Las Vegas Boat Accidents Attorney appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.