pedestrian in a motorized wheelchair has been killed after being hit by a truck while crossing the street in the Spring Valley area, authorities said.  Las Vegas Metropolitan Police said the driver was believed to be driving impaired when the crash occurred about 10 p.m. Saturday. The name of the 61-year-old man who was killed was not immediately released. Medical personnel transported the pedestrian to a hospital in critical condition and he later died of his injuries. Police said the driver is facing DUI charges.

Nevada traffic deaths.

Nevada traffic deaths increased to 331 people in 2018 due to speed, impairment behind the wheel and not yielding the right of way.  Pedestrian deaths in Las Vegas for 2019 are spread out across the valley and something needs to be done to decrease this dangerous trend.  Not all of the pedestrian deaths in 2019 were caused by drunk drivers, but a good portion were.

Drunk driving and pedestrian deaths.

A high number of car accidents in Las Vegas stem from drinking and driving, or intoxication leading up to dangerous walking situations.  Of the 2019 pedestrian death causes in the news, trucks, buses and cars were identified, and the people killed were walking, in wheelchairs or riding bicycles at the time of their fatal accidents.  Charges related to drunk driving are either felony, or misdemeanor offenses. The penalties for drunk driving depend on factors including blood alcohol level, age, and repeat offender status, to name a few.  The outcome involves costly fines, commercial driver’s license revocation for truck drivers, and jail time when warranted.

Nevada modified comparative fault law.

The law states that a proportional recovery will be undertaken only when a party is less than 50% responsible for the accident.  An experienced truck accident attorney will also need to examine if the decedent played any part in the accident and prove the driver was at least 51% at fault for the crash or more. A qualified car accident lawyer can review police reports, speak to witnesses, and review the facts of the case to estimate the role of each other party in the crash.

Wrongful death.

A wrongful death action can be filed by heirs of the decedent and personal representatives of their estate. Damages that surviving family members can claim are based on: the value of support and services the deceased person provided to the surviving family; loss of companionship, guidance, and protection provided by the deceased person; mental and emotional pain and suffering due to the loss of a family member, and medical or funeral expenses any surviving family member has paid for the deceased person. The deceased person’s estate may also recover certain types of damages. A Nevada wrongful death attorney can answer questions related to these matters.

When drunk drivers cause injury, property damage and wrongful death loss in Las Vegas Nevada they may seek compensatory and punitive damages in accordance  with Nevada Law NRS 42:010.

Hire a lawyer.

Families who have suffered loss after a DUI truck accident takes the life of a loved one should contact an experienced truck accident attorney who can support the wrongful death claim building on DUI laws and trucking industry regulations that specify prudent driver actions to decrease roadway deaths.

Sources:

https://zerofatalitiesnv.com/wp-content/uploads/2019/01/December-2018-STATE-FATAL-REPORT35.pdf

https://www.leg.state.nv.us/nrs/NRS-041.html#NRS041Sec085

https://www.ktnv.com/news/interactive-map-pedestrians-killed-in-las-vegas-valley-in-2019

https://www.usnews.com/news/best-states/nevada/articles/2020-07-12/las-vegas-police-pedestrian-in-a-wheelchair-killed-in-crash

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