For some children, Halloween is one of the most exciting nights of the year. They get to dress up in costumes, go trick-or-treating door-to-door, and get a bunch of candy and other treats.

But fun turned to tragedy in one neighborhood in Las Vegas Monday night when a girl who was out trick-or-treating died after being hit by a car.

It happened in a residential neighborhood on the northwest side of the city near the intersection of Sahara Avenue and Hualapai Way. A 12-year old girl was trying to cross the street at the intersection of Sandstone Bluffs Drive and Wesley Lake Place when she was struck by a 2009 Mazda RX-8 just before 8:30pm. The girl was pronounced dead at University Medical Center shortly after the accident.

Metro Police later determined that the 41-year old driver had been operating his vehicle under the influence. He reportedly told police that he had consumed alcohol and taken prescription drugs earlier that evening, and neighbors said that the Mazda had been traveling at a high rate of speed. The man was arrested on a charge of DUI resulting in substantial bodily harm and is currently being held without bail.

Regardless of how intoxicated the driver may or may not have been, it appears that he will be held accountable for the death of the seventh-grader. In addition to criminal penalties, this accident leaves him exposed to a wrongful death lawsuit which may result in a court judgment or settlement being paid to the grieving family.