Investigators suspect that a man who crossed the centerline, struck one car, and caused another car to careen across the median, may have been impaired.
This crash occurred on South Town Center Drive near the West Desert Primrose Lane intersection. As 36-year-old Manuel Tul-Jor was southbound on South Town Center, he crossed into northbound traffic, striking a Hyundai Elantra. While attempting to avoid the crash, a third driver lost control of the vehicle and slid into oncoming traffic. A 76-year-old woman, whose name was not released, sustained major leg injuries in the crash and died shortly thereafter at a local hospital.
In less than six weeks of 2018, Metro Police have already worked five fatal crashes in the Las Vegas city limits.
Establishing Liability in Nevada Alcohol-Related Crashes
In these collisions, if the tortfeasor (negligent driver) had a BAC above the legal limit, the negligence per se shortcut applies. Unless the tortfeasor had a legal excuse, which is not likely in a DUI case, the tortfeasor is liable for damages as a matter of law if s/he:
- Violated a safety law, and
- That violation substantially caused the damages.
One day soon, the Nevada state legislature may expand the negligence per se doctrine in alcohol-related crashes. There is a move afoot in the United States to reduce the BAC threshold from .08 to .05. Neighboring Utah has already made this change. Other states are considering similar action, especially since the National Academy of Sciences recently endorsed such a move.
Even if the tortfeasor was not legally intoxicated, compensation may still be available. Scientifically, impairment begins with the first drink. Victims in these cases can use circumstantial evidence of impairment to establish legal responsibility for the crash. Such evidence includes:
- Erratic driving,
- Bloodshot eyes, and
- An odor of alcohol.
Victims need only establish impairment by a preponderance of the evidence, or more likely than not.
In fact, given this low evidentiary standard, evidence that the tortfeasor had just visited a place that serves alcohol may be sufficient to establish impairment. Given these facts, it is more likely than not that the tortfeasor had at least one drink, unless the tortfeasor introduces compelling evidence to the contrary.
Damages Available in Las Vegas Car Crash Cases
An attorney works hard to help victims obtain the compensation they deserve, and this work starts well before the trial begins.
Injury-related medical bills often exceed $100,000. For liability reasons, most health insurance companies won’t cover these costs. To help victims get the medical care they need, and also to obtain the evidence needed to win fair compensation, attorneys can refer victims to doctors who focus on car crash injuries.
Victims get the treatment they need, and these doctors usually charge nothing upfront. Instead, an attorney sends a letter of protection which guarantees payment when the case is resolved.
In addition to medical bills and other economic damages, Nevada car crash victims may also receive compensation for loss of consortium (companionship), pain and suffering, loss of enjoyment in life, emotional distress, and other noneconomic damages.
Rely On a Savvy Lawyer
Alcohol-related crash victims have several legal options. For a free consultation with an experienced personal injury attorney in Las Vegas, contact Naqvi Injury Law. We routinely handle cases in Clark County and nearby jurisdictions.