According to police, a man has been arrested on suspicion of driving under the influence after a crash which left a pedestrian in critical condition. Police say that the 61-year-old driver was going through a green light when he struck Lester Galdamez-Ostorga, 31, in the crosswalk at the intersection of Charleston Boulevard and South Decatur Boulevard. The driver, Merle Rahl II, failed the field sobriety test and was arrested for suspicion of DUI.
Pedestrian Rights vs. Driver Rights
In most instances, a driver can be found at fault for hitting a pedestrian, even if the driver had the right of way. This is because a driver is expected to be aware and obey all traffic laws so he or she can stop or avoid any obstacles in the road, including a pedestrian. When a driver is speeding, distracted or even impaired, the driver is not acting responsibly and is not in a state in which it is possible to react quickly to avoid a pedestrian. While the pedestrian may be partly at-fault for being in the road, a driver is still responsible for avoiding a collision.
If you are a pedestrian who has been hit by a vehicle, you may have grounds to file a personal injury suit. This type of civil lawsuit will allow you to seek compensation for your injuries, pain and suffering, medical expenses and even lost income. However, if you are partly responsible for the incident, such as when you were in the street when you were not supposed to be, you may not be able to receive full compensation. Each case is unique, so it is important to get sound advice about your rights.
When facing any type of personal injury suit, it is important to have a skilled personal injury attorney on your side. The team at Bernstein & Poisson in Las Vegas has extensive experience helping pedestrians who have been injured seek compensation for their injuries. Our team not only has the right training and experience but also a wide range of resources to help you build a solid case. When you are partially responsible, it is even more imperative that you have a skilled attorney by your side as the defense will use this against you. When you have an attorney to help you at the negotiating table or in the court room, you have a much better chance at a positive outcome to your case. Call Bernstein & Poisson in Las Vegas today for more information.