On behalf of Ladah Law Firm, PLLC posted in Car Accidents on Thursday, April 3, 2014.
Most drivers probably accept the fact that they will be involved in some type of car accident during their driving lives. The reality of the matter is that driving is an extremely risky activity that requires everyone to be alert and conscientious when behind the wheel. Unfortunately, there are instances where car accidents occur because not enough attention is being paid to what is happening on the roadways. Driving is a very “real time” activity that demands 100% participation at all times. When that fails to happen, the likelihood of an auto accident is more probable.
When an accident involves two vehicles, the aftermath can be difficult to handle depending on the nature and severity of the accident. This is even more true in car versus pedestrian accidents. Recently in Las Vegas, a woman who was crossing the street was struck and killed by a motorist. According to police, the intersection that the woman was attempting to cross is a dangerous one for pedestrians and authorities constantly warn people to be careful at that particular crossing.
The accident investigation, which is ongoing, did not show that the driver of the SUV was driving under the influence or impaired in any way. The investigation will look at the speed in which the motorist was traveling to see if that was a factor. No citation was issued at the time of the incident.
In accidents between vehicles and pedestrians, the pedestrian is normally the one that is seriously injured or even killed. The police investigation results will dictate how and if the victim’s family will pursue a court claim. If the police do not issue a citation stating fault in the accident, instigating a court case may prove more difficult, though not impossible.
Wrongful death claims are viable options in civil court where someone has died as a result of a car accident. Since it is a civil matter, filing a wrongful death claim is made in light of appropriate damages, both compensatory and punitive.
Source: Las Vegas Review-Journal, “Pedestrian struck, killed on Durango Thursday night,” Tom Ragan, Mar. 27, 2014
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