Shortly after 11 p.m., a speeding motorist struck and killed a man near the intersection of Alexander Avenue and Walker Street.
Officials from the Las Vegas Metropolitan Police Department speculate that the victim was also involved in a fight that took place a few minutes earlier on West Lake Mead Boulevard. However, they do not know if the two incidents were connected. It’s also unclear whether the injuries he sustained in the fight contributed to his death. According to witnesses, the collision occurred as the tortfeasor (negligent driver) turned from eastbound Alexander onto northbound Walker.
None of the names were released.
Some Facts About Pedestrian Injuries in Nevada
The above-described incident fits the profile of most Las Vegas pedestrian injuries. The victim was not in a marked crosswalk, the wreck occurred at night, and the collision happened on a non- or semi-residential street. These facts do not excuse the tortfeasor’s (negligent driver’s conduct). Rather, they have the opposite effect. Motorists in these situations have an even higher duty of care, because of the known danger.
Pedestrians are completely unprotected in these situations. There is no restraint system or protective helmet. So, they are susceptible to serious injuries like:
- Broken Bones: Speeding cars usually throw victims several yards through the air. When they land on hard surfaces, their bones virtually shatter. Such extensive injuries normally require highly invasive corrective surgery and months of physical therapy.
- Head Injuries: Even if victims do not land on their heads, they usually sustain serious brain injuries. Just like a person can scramble an egg without breaking the shell, a Nevada car wreck can scramble a person’s brain without cracking the victim’s skull.
- Exsanguination: Blood loss is one of the leading causes of death in these incidents. By the time first responders arrive, most victims are already on the edge of hypovolemic shock. At that point, the brain begins shutting down vital organs due to a lack of blood.
Because of these severe injuries, compensation in pedestrian-auto accidents is often substantial. Victims are entitled to money for their economic losses, such as medical bills, as well as their noneconomic losses, such as pain and suffering.
Speed is often a specific factor in these Las Vegas wrecks. At impact speeds of 35mph or lower, the overall pedestrian fatality rate is under 10 percent. But at 45mph, that rate skyrockets to over 90 percent.
The Eggshell Skull Rule in Nevada Negligence Cases
Some people are abnormally susceptible to car crash injuries because of a preexisting condition. That could be trauma wounds from an earlier fight or a chronic bad knee. Other victims, such as children and the elderly, also face elevated risks.
Regardless of the victim’s health or other status, the tortfeasor is almost always fully responsible for the injuries sustained in the car crash. Nevada’s eggshell skull rule essentially states that tortfeasors take victims where they find them preexisting conditions and all.
The Sudden Emergency Defense and Nevada Pedestrian Accidents
An eggshell skull is hardly ever a defense in these cases. Although insurance company lawyers usually contend that the victim “darted out into traffic,” the sudden emergency doctrine is usually not a defense either. This rule excuses tortious conduct if the tortfeasor:
- Reasonably reacted to
- A sudden emergency.
The first element is common in many pedestrian-auto collisions, but the second is not. A jaywalking pedestrian is not like a hood fly-up or another completely unanticipated event. Since motorists should be ready for such happenings, the sudden emergency defense usually does not apply.
Rely On an Experienced Lawyer
Pedestrian accident victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Las Vegas, contact Naqvi Injury Law. We routinely handle matters in Clark County and nearby jurisdictions.