TECHNICALLY SPEAKING LAW

Boating is a fun activity, but it is not without its risks. Read this blog to learn about several types of boating accidents that can happen to you.

Every car accident happens fast and unexpectedly. The immediate moments after a car accident are adrenaline-fueled chaos. You may be in significant pain. Because of this, it is best to have a plan for what to do if a car accident happens before it happens. 1. Call the police immediately. Many times the at-fault driver will tell you, 'Let's not involve the police'. The at-fault driver might even offer you some cash right on the spot or offer to get your car fixed themselves if you do not call the police. Do not listen to the other person. The police will document what happened, and they will gather and exchange the necessary information among the drivers. But even if you have called the police... 2. Get information, especially regarding the other driver and their insurance. Even if you have called the police, collect all the information at the scene you can, especially regarding the other driver. Ask to take a picture of their driver's license and proof of insurance. The insurance information is critical to making a claim to get repairs or pay for medical expenses. Take pictures of their car, both the damage to it and the license plate. Take photos of your car, particularly the damage to it. Ask for the driver's address and/or phone number. Ask for witnesses' names and phone numbers or a business card. If you have called the police, you might think, well the police will get all that information, and that is true. But, what if the other driver just decides to flee before the police arrive? It happens. 3. Get medical treatment for your injuries as soon as possible. Commonly people feel pain after an accident but think it will heal on its own if they don't have an obvious serious injury, like a broken bone. Then after a few weeks of the pain not going away, they decide to seek care. The other driver's insurance company will call this a gap in treatment and argue you must not have been that injured if you waited so long to get treatment. Or, they may say you hurt yourself doing something else but want to blame it on the accident. These can be strong arguments against your case, particularly the longer you go between the accident and getting treatment. Get checked out as soon as possible after an accident if you are feeling any pain. 4. Call Craig P. Kenny & Associates and speak with an attorney as soon as possible. Our law firm has been helping Nevada car accident victims for almost 30 years. Our attorneys and staff have traveled the road of a car accident's aftermath every day for those 30 years. We are aware of laws, pitfalls, and windfalls that most people would not know. Just a few examples: Did you know there can be several layers of insurance available to pay for your medical treatment and pain and suffering after a car accident? Does it make a difference if the other driver was arrested for driving under the influence? What if you are working when you are in a car accident? Do you have a workers' compensation claim, a car accident claim, or both? What if the other driver's insurance company refuses your claim and you have to file a lawsuit? At Craig P. Kenny & Associates, we have dealt with all of these situations many times over many years. 5. Do not talk to or give statements to the other driver's insurance company. The other driver's insurance company has a legal obligation to protect their insured. When they take statements from you, they are trying to protect their insured and the insurance company's money. They are not acting as your friend. If you hire Craig P. Kenny & Associates, we will talk to the other driver's insurance company for you. We know what to ask, what to say, and what not to say. 6. Do not attempt to negotiate a quick settlement with the insurance company. This is what the other driver's insurance company wants you to do. Sign away all your future rights for a pittance. If it turns out that you have a hidden injury like a herniated disc in your spine that will cause you pain for the rest of your life and might require surgery, it is too late if you take their money and sign their paperwork. You released all claims, even if you did not know about the injuries at the time. The law does allow you to back out of such a deal for a short period of time. But, you have to revoke the deal in writing and send back the money quickly. Please have a plan of what to do if you are in a car accident before you are in a car accident. Make part of that plan to call Craig P. Kenny & Associates, where clients are treated with honesty and sincerity.

Understanding what bail is and how it works can be incredibly difficult and stressful when someone gets arrested. The concept of posting bail to get out of jail dates back centuries and has changed over time in the United States and Nevada. In its simplest form, bail is a refundable deposit that a person pays to get out of jail and gets back when they come to court. Have you ever test-driven a car without a salesperson? You may have been asked to leave your driver’s license or credit card with the salesperson before they handed you the keys to the car. The idea is that the dealership expects that your license or credit card is so valuable to you that you will come back for it, rather than abscond with their vehicle. The same is true of bail. The idea is that once someone pays the bail amount to the jail, they will want it back enough to come to their next court date. The purpose of bail -- to ensure a person’s return to court – has expanded to also include adding conditions of release that ensure the safety of the community. In Nevada, Judges are legally required to impose the “least restrictive means” necessary to ensure 1) the person will return to court and 2) the safety of the community. Posting a monetary bail is just one of many possible conditions of release. When someone is arrested in Nevada, they are entitled to a hearing on their custody status within 48 hours. That hearing is an opportunity for the person arrested, their attorney, the prosecutor, and the judge to review the facts of the case known at the time as well as the person’s criminal history. At this hearing, the attorneys may agree on release conditions, or they may each argue their position and the judge will decide. For example, one or both attorneys might suggest that the person be released on house arrest, or be released with a requirement for drug testing. Many people who are arrested on misdemeanor charges, like Driving Under the Influence, are released without a hearing and in less than 48 hours. Someone can also be released from jail in less than 48 hours by posting bail before the hearing. If your loved one has been arrested, you may be trying to decide whether to post bail or wait. Every case is different and the right decision varies for different families. What is important to remember is that if it has been less than 48 hours since your loved one’s arrest, the bail amount or release conditions may still change. An attorney cannot make any promises or guarantees about what will happen in your loved one’s case, but a good, local attorney can tell you what their experience has been in similar cases. Knowing what an experienced attorney has seen happen in similar cases, may help you make the right decision in your situation. Increasingly, courts across the country are moving away from monetary bail. Some courts are implementing robust reminder systems that automatically send emails or text messages reminding people about their court dates. Other courts have extensive monitoring programs that utilize technology like house arrest ankle bracelets, phone GPS, and fingerprint scanning to keep routine contact with people facing criminal charges. Some courts are offering people the choice between submitting to monitoring and posting a monetary bail. All of these policy choices are a crucial part of our justice system, which entitles everyone to be presumed innocent until proven guilty. If you, a friend, or a loved one has been arrested, please call me at 702-380-2800 for a free consultation.

Experiencing a catastrophic injury can significantly change the trajectory of a person's life. Delve into our blog for an in-depth guide.

Ahhh, Spring! Temperatures get warmer, days become longer and trees, flowers, and foliage are in full bloom. Spring is truly a cause for celebration for most of us. It’s time to get outdoors and hike, bike, walk, picnic, and enjoy our beautiful environment. Spring is also the perfect time to reevaluate your home and/or office to make sure the environment is safe for all. Protect Yourself From The Sun: Remember to wear sunscreen and hats while out in the sun, as prolonged exposure can lead to heat stroke. Limit time outdoors during midday when UV exposure is at its highest peak. Keep yourself hydrated by drinking plenty of water throughout outdoor activities - dehydration can be dangerous in extreme temperatures. Minimize alcohol and sugar intake while enjoying the sunshine. Family Emergency Plan: The National Safety Council recommends every family have an emergency plan in place in the event of a natural disaster or other catastrophic event. Spring is a great time to review that plan with family members. Be prepared by having a home emergency kit that includes one gallon of water per day for each person, at least a three-day supply of food, a flashlight and batteries, a first aid kit, a filter mask, plastic sheeting and duct tape, and medicines. Smoke Alarms: Three out of every five home fire deaths result from fires in homes with no smoke alarms, according to the National Fire Protection Association. Test your smoke alarms every month and replace the battery at least once a year. If the alarm makes a "chirping" sound, replace the battery immediately. Carbon Monoxide Detectors: Anything that burns fuel can potentially become a source of carbon monoxide, an invisible, odorless gas that can kill. CO alarms should be installed in a central location outside each bedroom and on every level of the home. The safety tips for CO detectors mirror those of smoke alarms: change the batteries, test them, and interconnect them, if possible. Also, make sure vents for your gas appliances (fireplace, dryer, stove, and furnace) are free and clear of snow or debris. Water Leaks: We live in the desert and water is a precious commodity. Check your sprinklers, pool equipment, hoses, and pipes. Undetected leaks can lead to black mold, which can lead to serious health complications. Water leaks can cause very expensive property damage repairs as well. General Safety Tips: Now that the Spring weather is here, we tend to feel that urge to get out and “fix stuff” around the house. Remember to use common safety sense when taking on physical tasks. Wear the correct protective clothing, eye protection, gloves, and footwear (no flip-flops when going up and down ladders). Check for frayed or damaged electrical cords. Respect and understand all power tools before you use them. Use your legs when lifting heavy or unbalanced objects. Also: NEVER leave small children or pets in your vehicle! It only takes a matter of minutes to cause serious illness, injuries, or death once the temperature begins to rise. Summer will sneak up on us before we know it, so make sure you take the time to appreciate nature’s revival before the heat wave hits. The attorneys and staff at Craig P. Kenny & Associates wish you and your family a happy, healthy, and fun Spring season. We truly appreciate your trust and loyalty, as well as your referrals.

In the harrowing aftermath of a truck accident, clarity can be as elusive as justice. Read on to learn how a truck accident attorney can help.

Driving Under the Influence (DUI) is a criminal offense in every State. There are more than 10 different courts in Clark County and 6 courts in the Las Vegas Valley where DUI cases are heard. While each court operates slightly differently, the basic processes and timelines are the same. Most people who are arrested on DUI charges are released from custody (jail) within 24 hours of arrest and do not have to post bail. When one is taken to jail on a DUI arrest, a sample of their blood will generally be taken and sent to a lab for testing. The results are not available immediately and most people are released while the lab processes the blood. This could result in the process taking several months. When one is released from jail, it is common that the next date they would have to return to court is 6 months later. Many clients contact an attorney at this time, which is a smart way to ensure the case is handled properly. During this waiting period between being released from jail and going to court, it is important to take care of any issues with the DMV. The DMV and court system are separate, and the DMV may take action to restrict someone’s driver’s license before they even attend their first court date. An attorney can also help with the DMV process and, in some cases, prevent the license revocation. The first opportunity for the prosecutor to inform the judge if they are filing charges is at the first court hearing. At that time, one of three things will happen: the charges may be filed, the case may be dismissed, or the prosecutor may request more time to decide whether or not to file charges. The prosecutor has 1 year from the date of arrest to file those charges if he/she decides to do so. Most people who have hired an attorney choose not to attend this court date, and their attorney will appear for them. Anyone who does not have an attorney is required to appear in court. Once charges are filed- whether it is at the first court hearing or a subsequent hearing- the person and their attorney are entitled to the evidence in the case which includes the arrest report, the toxicology report, and body camera footage. The court will then give that person another date to come back to court for a hearing or trial, which can range from one month to six months later; depending on the court. A person charged with a DUI can review and discuss the evidence in their case with their attorney once the complaint has been filed. Most cases are “negotiated” at this time which means that the person chooses to accept certain consequences, such as paying a fine and taking driver safety classes. If the person does not wish to agree to particular consequences, they will have to go to trial. At a trial, the prosecutor calls witnesses- like the arresting officer and the toxicology expert- to prove that the person was driving under the influence. The accused and their attorney also get to ask those witnesses questions and present witnesses of their own, if they choose to do so. Once the evidence has been presented, the judge makes a decision as to whether or not the person is guilty. If they do indeed find them guilty, the judge imposes a sentence that could include fines, classes, or even jail time. It is part of an attorney’s duty to help their client understand these possible consequences as well as the likeliness of a judge finding them guilty at trial. The attorney should review the evidence with their client and explain the legal strengths and weaknesses of the case. Sometimes, the law does not match our common understanding of what it means to drive under the influence and an attorney helps translate the law into terms anyone can understand. Many people choose to accept negotiations instead of going to trial to have certainty in the outcome. Any requirements imposed by the judge, whether they were agreed to in negotiations or imposed at sentencing following a trial, must be completed and proof provided to the court in a certain time period. When all the requirements are complete, the prosecutor will check the person's criminal history to ensure they have not been arrested on any new charges since the start of the DUI case. If no new charges have been filed and all requirements are complete, the case can be closed. The time period to complete the requirements can range anywhere from one month to one year. The National Highway Traffic Safety Administration has recorded an increase in fatalities due to driving under the influence around the holidays for several years. As we head into this holiday season, give your loved ones the gift of staying safe on the roads. Don’t drive after drinking, or ingesting marijuana, or any other controlled substances. If you need help call the SAMHSA Helpline at 1-800-662-4357 for free, confidential advice and referrals 24/7, 365 days a year.

When I was a kid I absolutely LOVED to ride my bike. I dreamed of getting the cool Schwinn with 5 speeds, hand brakes, and the banana seat with sissy-bar and shiny chrome accessories for my birthday or Christmas. Riding a bike is a great way to stay in shape and to get you to your destination, whether it be a beach cruiser, a mountain bike, or a touring-type bike. However, over the past few years, the trend has turned to Electric Bikes. But as battery-powered bicycles grow in popularity, safety concerns are growing too. What are E-Bikes? The term "e-bike" refers to two-wheeled electric-motor-assisted bicycles. E-bikes are produced with all the features of a regular bicycle with the addition of an electric motor that generates less than 750 watts. There are basically three types of e-bikes: Class 1: The motor assists the rider only when the rider pedals, and it stops assisting at 20 mph. Class 2: The motor can propel the bicycle without the rider pedaling, up to 20 mph. Class 3: The motor assists the rider only when the rider is pedaling and stops assisting when the bike reaches 28 mph. An e-bike allows riders of any skill or fitness level to reach significant speeds. For reference, Tour de France riders average 25 to 28 mph on flat terrain. Riding an e-bike is significantly different from riding a conventional bike. First of all, e-bikes are much heavier because of the frame, the motor, and the battery. If you are considering purchasing an e-bike for your minor child, please take into consideration your child's ability to manage the weight when steering or in the event of a fall. Also, please take into consideration the acceleration and speed of an e-bike. Don't assume your child can operate an e-bike just because they know how to ride a conventional bicycle. ALWAYS make sure to wear a helmet when riding an e-bike. This protects the brain, head, and face from serious injuries in case of a crash. Make sure the helmet fits properly and that it's strapped on (not just worn like an uncomfortable hat). The helmet should be snug, level, and secure. E-bikes go fast. Riders should be aware of the terrain and road surface. Riding on dirt, sand or gravel is not the same as riding on a paved surface. The weight and speed of an e-bike on an unpaved surface pose a much higher risk for an injury-related crash. Riders must always make sure they obey all traffic safety laws and be cognizant of their surroundings at all times. E-bike riders should utilize hand signals and should be equipped with a headlight, a taillight, and reflectors. E-bikes can be a lot of fun if the rider follows all of the safety requirements listed herein. But they can also cause serious injuries or death if the rider is careless and does not take safety seriously. If you or someone you know has been injured while operating an e-bike, please contact me at Craig P. Kenny & Associates for a free consultation. Thank you very much for your loyalty and your referrals.

Maybe...I’ll go into the details so that you can have a better understanding. First, I want to tell you about how you can end up in a situation where you think you’re doing the easy thing, but later on, you realize that you made a mistake. In my experience, insurance adjusters are like car salespeople. If you equate an open file to a car on the lot, you have a better understanding. An adjuster always told me that a happy file is a closed file. And for car sales, a happy situation is a signed contract. Someone injured in a car accident may accept a settlement from an adjuster at the accident scene. Have you ever seen a car that has the insurance company logo all over it on the highway? Some of those vehicles are known as “IRVs” (Immediate Response Vehicles). Like someone selling a car, the adjuster happens upon an accident scene after being called in from the branch office to speak with the injured victim. They promise the moon but deliver next to nothing. Insurance companies encourage their adjusters to settle claims quickly because they know that the longer the claim is open, the more exposure the company faces. The insurance companies start telling accident victims that they are entitled to money (“cash-out” is a term used by the insurance industry). Insurance companies settle cases quickly because the bottom line is that they are trying to save as much money as possible. Insurance companies also offer “open medical” which means they say they will pay for future treatment. However, many times the treatment you may receive might not be deemed “reasonable or necessary” by the insurance company. In which case, you will be on the hook for the medical bills. Here is an actual email that was received recently: The accident only happened a week ago. However, she signed an early offer from the liability carrier saying they will pay for up to $6,000.00 in treatment and then paid her about $2,500.00 on top of that. She signed it, sent it in and then deposited the money. Can this be withdrawn or at this point is she locked in to this deal since she has already agreed to it? Our legislature has tried to put an end to these insurance company tactics. NRS 10.185 provides as follows: 1. A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release: (a) Within 30 days after the event that initially caused his or her injury; and (b) Without the assistance or guidance of an attorney. 2. To void the release of liability pursuant to subsection 1, the releasor shall: (a) Sign a written notice disclosing the election of the releasor to void the release; and (b) Within 10 days after signing the notice (1) Send the original notice or a signed copy of the notice to the releasee; and (2) Return any consideration paid by the releasee. 3. A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee. 4. As used in this section: (a) “Personal injury” means any mental or physical injury. The term does not include property damage. (b) “Release of liability” means an agreement executed between a releasor and releasee. (c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1. (d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1. A release can be set aside under the law if it was signed within 30 days after an accident and the injured person signed it without the help of an attorney. You must send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any money you received from the company. You have a limited time-frame to do this. Please do not be a victim twice.