Two teenagers were injured in a crash with a vehicle at 5:20 AM last Friday, August 4 near Durango and Tropicana. The pedestrians, aged 14 or 15, were both harmed in the accident. One of the teenagers was transported to University Medical center while the other incurred minor injuries. Both pedestrians’ injuries were non-life-threatening. After the crash, the driver remained on the scene.
Currently, the cause of Friday’s accident is unknown. However, the speed limit for both Tropicana and Durango is 45 mph. Drivers who exceed posted speed limits do not have physics on their side: higher driving speeds reduce the time drivers have to process information such as pedestrians entering their line of travel, and the possibility of a collision increases dramatically. Many pedestrians survive slow-speed encounters, but as a driver’s speed increases, the pedestrian’s survival rate drops. Even if drivers carefully observe speed limits, the likelihood of a pedestrian suffering serious injury in a crash with a vehicle going 45 mph is at least 75%.
The crash happened in the early morning at 5:20. Although few details have been released, it is possible that the driver may have been sleepy. In a 24-hour city like Las Vegas, many people work graveyard or early morning shifts, and those who do are more likely to drive drowsy at least a few days a month than people who work daytime hours. The effect of drowsy driving is serious: according to a recent study, being awake for eighteen hours is roughly the equivalent of having a blood alcohol level of .05. (At .08, one is considered legally drunk.)
In Nevada, it is a violation of NRS 484B.653 to drive with “willful or wanton disregard” for others’ safety, and in many cases, it might be determined that striking pedestrians while driving demonstrated a failure to act with due care. It is not known whether speeding, drowsy driving, or some other factor contributed to this accident, and ultimately, we must learn more. Both sides may share some fault. Just as drivers have a duty to act reasonably while driving, pedestrians also have a duty to act reasonably to protect their own safety and may be found negligent if they made sudden movements, failed to use the crosswalk and follow the signals, or disrupted the flow of traffic.
Nevada follows what is called a “comparative fault” rule, meaning that if the teenage pedestrians were partly responsible, they might be able to recover some damages, but Nevada also follows the “51 percent rule.” If this case were to go to trial and the court found that the pedestrians were 50% or more to blame for the accident, they would receive no compensation even if their injuries were serious.
Count on an Aggressive Attorney
Crashes involving pedestrians are complex and serious. For a free consultation with a dedicated and experienced personal injury attorney in Las Vegas, contact Naqvi Injury Law today.