On February 22, 2009, Odilia Consuegra-Rodriguez died as she attempted to cross Sahara Ave., Las Vegas on an electric scooter. According to reports, a 1996 Nissan Pathfinder traveling westbound in the far left of three travel lanes struck the pedestrian as she attempted to cross Sahara from the north to the south side of the street. Consuegra-Rodriguez was rushed to Sunrise Hospital and Medical Center’s Trauma Center where she was later pronounced dead. Sadly, this is already the ninth traffic related fatality in the Vegas Metro Police jurisdiction and it is still only February.
We send our condolences to the family and friends of Ms. Consuegra-Rodriguez. Hopefully, they have a network of support that can get them through this difficult time.
Without more facts and the benefit of the police investigation including scene and vehicle photos, possible skid measurements, other measurements, and witness statements, it is impossible at this stage to determine whether the driver could have avoided this tragic accident. However, it appears that an argument can be made that this was an avoidable accident because the reported facts indicate that the decedent had traveled across two lanes of westbound traffic before she was struck by the Pathfinder in the far left lane. Accordingly, if the driver of the Pathfinder had been maintaining a proper lookout, it may have been possible for the driver to have seen the pedestrian with ample time to avoid the collision.
The trial lawyers at Jack Bernstein & Associates have successfully represented the victims of pedestrian accidents including wrongful death cases. Through investigation and often consultation with experts such as engineers, lawyers can present evidence as to driver speed and reaction time to determine if a driver was traveling too fast under the circumstances as well as whether there was sufficient time to avoid an accident.
It is also important to remember that just as drivers have a duty to maintain a proper lookout and to act reasonably, pedestrians have the same duty. In Nevada, if a jury believes that both a driver and pedestrian negligently contributed to an accident, the jury gets to assess a percentage of fault to both. Accordingly, as an example, if a jury finds both a driver and a pedestrian equally at fault, the court will reduce the monetary damages awarded by 50% or by whatever percentage of fault is assessed to the pedestrian (injured party). Significantly, in Nevada if the injured party (plaintiff) is found to be more than 50% at fault, then he/she would be barred from any monetary recovery.
If you believe that you or a loved one has been the victim of a negligent driver, you should contact a skilled and experienced Las Vegas accident attorney. An experienced lawyer is capable of assessing and evaluating the evidence to strategically guide you through your various legal options.
Wishing you the best,
Scott L. Poisson, Esq.
Wed, Feb 25, 2009
Car Accidents, Pedestrian Accidents, Wrongful Death