Pedestrians are common in Las Vegas, and while the city has generally set up the infrastructure to accommodate those who prefer to travel on foot, that doesn’t mean that there isn’t risk involved every time a pedestrian takes to the public streets. Tragically, a man paid the ultimate price for what could be described as a mistake on Thursday night when he was struck by a vehicle and killed as he crossed Sahara Avenue near Bruce Street.
Our thoughts and prayers are with the victim’s family and loved ones during this time of tragedy.
Nevada Accident Laws and Pedestrian Accidents
Authorities have stated that the pedestrian was not in the crosswalk as he attempted to make his way across the road, which could mean that the driver did not expect to deal with such an obstacle while behind the wheel. Tragically, this situation appears to be the 23rd fatality as a result of a Las Vegas auto accident already in 2010. However, the situation could come down to the Nevada comparative negligence statute if the family of the pedestrian decides to pursue a Nevada wrongful death action.
The Nevada statute, which appears at section 41.141, states in relevant part:
When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.
1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.
What this means in plain language is that if the plaintiff is found by a jury to be less at-fault then the defendant, he or she can recover damages. However, if the plaintiff is found to be more at-fault than the defendant, there will be no recovery of damages.
Contact a Las Vegas Personal Injury Lawyer
If you or someone you love has been harmed in a Nevada auto accident, you need the help of an experienced Las Vegas personal injury lawyer who understands how to properly deal with comparative negligence and who has still been able to obtain justice for his clients repeatedly. Contact Jack Bernstein & Associates today to schedule a free initial consultation.
The Jack Bernstein & Associates personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will always provide a free consultation. Jack Bernstein & Associates will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well.
Sun, Apr 25, 2010
Car Accidents, Motorcycle Accidents, Pedestrian Accidents, Personal Injury