The Las Vegas Police have reported that a male pedestrian was seriously injured when he was struck by a car on Monday night in the central valley.
The police received a call at 9:26 p.m. to come to the scene of an accident in the 2500 block of Richfield Boulevard, near Sahara Avenue and Rancho Drive. According to police sources, officers found a pedestrian male in his 60s lying in the street. Investigators concluded that the man was crossing the street in a marked crosswalk when he was struck by a 2006 Chevrolet Trail Blazer. While the vehicle had the green light, the driver failed to see the pedestrian.
The driver, Katrina Williams, 34, remained at the scene but was arrested for DUI and taken to the Clark County Detention Center.
Sgt. Strader concluded that, “Two wrongs make it really wrong…If he hadn’t crossed illegally, he wouldn’t have been hit by a car…If she hadn’t been on the roadway, she wouldn’t have been in jail,” he added, “and he probably wouldn’t have been hit by a car.”
Personal Injury When the Pedestrian Victim is in the Wrong
Pedestrians have a higher risk of being injured or even killed when involved in a traffic accident compared to the occupants of passenger vehicles. This is because they do not benefit from the protection of the vehicle and feel the full force of an impact. If a pedestrian is hit by a vehicle and injured, he or she may have grounds for seeking compensation through a personal injury suit. However, determining liability is key in winning such a suit. If the pedestrian was in the crosswalk illegally, can the victim be held liable?
The law requires drivers to use extreme caution when pedestrians may be present. The drivers’ “duty of care” means that they are responsible for seeing obstructions in the road, such as a pedestrian, and avoiding them. If a driver is obeying traffic laws, including going the speed limit and not being drunk or distracted, the driver is likely to see a pedestrian, even if the pedestrian is crossing the street illegally.
Not all accidents can clearly define the guilty party and the innocent party. Sometimes there is liability on both sides. However, this does not mean that the pedestrian victims cannot seek and even win compensation for their damages. If you have been injured as a pedestrian by a vehicle, call the team at Bernstein & Poisson in Las Vegas today let us help you determine if you have the grounds for a personal injury suit.