The identity of a 66-year-old pedestrian killed when he was struck by a car, has not been released by authorities. He was reportedly “jay-walking” at the time of the accident, according to recent reports. The man was not in a crosswalk when he attempted to cross North Swenson Street near East Royal Crest Circle. He was struck by a 26-year-old man driving a Honda Civic. His death brings the toll for 2015 in Las Vegas traffic accidents to 10.
Whose Fault Is A Pedestrian Crash?
In some cases, pedestrians are blamed for their own injuries. If an insurance company or other party who is liable for damages can convince a jury that the pedestrian caused his or her own injuries, it is unlikely the victim will receive money. However, in reality, a driver almost always has some liability for a pedestrian crash.
Pedestrians are encouraged to use crosswalks, but there are also places where no marked crosswalks exist. This can be very misleading, because a police report may reference a victim as being “outside of a crosswalk” when, in fact, there was no crosswalk available. Additionally, a victim may be close to, but not actually in, a crosswalk and still be said to be “outside the crosswalk.”
Because the term “outside a crosswalk” can be misrepresented, most personal injury attorneys conduct a thorough investigation of the circumstances of the accident. In many cases, they find that the victim who was not technically “in the crosswalk” was not necessarily being incautious. In many of these cases, they also find that the driver was negligent because of speeding, distraction or another factor. Once these facts are established, the pedestrian victim who was “responsible for his or her own injuries” may now be established as a true victim and can collect compensation for injuries.
Additionally, Nevada follows a modified comparative negligence theory. This means that a victim can collect damages as long as he or she was not more than 50 percent responsible for the accident. Therefore, if a jury determines that the victim was 20 percent responsible and the driver 80 percent responsible for the crash, the victim can collect 80 percent of the total judgment.
If you have been injured in a pedestrian crash, call the attorneys at Bernstein & Poisson in Las Vegas. We have years of experience establishing the truth about pedestrian crashes and helping victims recover payment for their injuries.