A suspected hit-and-run driver is dead after he apparently ran a stop sign and crashed into another vehicle.
Just prior to the collision, a 2005 Chrysler minivan was westbound on Oquendo Road and a 2018 Nissan Rogue was northbound on Valley View Boulevard. The Chrysler failed to yield the right of way and proceeded into the intersection without stopping at the stop sign. The Rogue collided with the Chrysler’s left side, killing the 55-year-old Henderson driver. Authorities did not state when the alleged hit-and-runs occurred.
None of the names were released.
The Four Kinds of Non-Alcohol Impairment in Nevada
Some form of impaired driving is responsible for most of the fatal car crashes in Clark County. Alcohol is the most common type of impairment. Just one drink inhibits physical and mental faculties so much that it is very dangerous to drive. Additionally, the National Highway Traffic Safety Administration has identified four other types of impairment. They are:
- Drugs: This category is not limited to illegal street drugs like cocaine or heroin. In fact, impairment due to prescription painkillers is much more common. Certain over-the-counter medicines, like cold remedies and sleep aids, may have similar effects.
- Distraction: Most people do not equate using a cell phone with substance abuse. Yet both these activities have similar effects on the mind. Moreover, hand held cell phones also involve visual distraction (eyes off the road) and manual distraction (hand off the wheel).
- Fatigue: Alcohol and fatigue have roughly the same effect on the brain. Many people would never drive with a BAC over .08, but they have no problem driving after eighteen consecutive hours without sleep. Both these individuals are equally impaired.
- Medical Condition: Heart disease, diabetes, epilepsy, and a number of other conditions may cause sudden losses of consciousness, often with no warning whatsoever. These individuals obviously lose control over their vehicles altogether.
Damages in impairment-triggered crashes usually include compensation for both economic damages, such as medical bills, and noneconomic damages, such as pain and suffering. Additional punitive damages may be available as well.
Las Vegas Courts and the Last Clear Chance Defense
Many times, there is a distinct difference between fault at the scene and liability in court. Certain legal doctrines may affect the final legal determination of responsibility. The last clear chance defense, which is very common in intersection collision cases, is a good example.
Assume Driver A crosses into oncoming traffic and smacks into Driver B. Las Vegas emergency responders will almost certainly assign fault to Driver A. But the crash may not be Driver A’s fault, from a legal perspective.
If Driver B had a reasonable opportunity to avoid the crash, the last clear chance defense may come into play. Such an opportunity could have been changing lanes or swerving to avoid the crash. This doctrine excuses Driver A’s negligent conduct and places legal blame for the accident on Driver B.
The above story may well involve the last clear chance defense. The Nissan hit the Chrysler’s left side, so the Chrysler was probably already in the intersection when the Nissan proceeded past the stop sign.
This defense only applied if the driver had the last clear chance to avoid the crash. That’s not the same thing as any possible chance.
Count On an Experienced Lawyer
Even seemingly straightforward cases often involve complex legal issues. For a free consultation with an experienced personal injury attorney in Las Vegas, contact Naqvi Injury Law. We do not charge upfront legal fees in negligence cases.