Bucking national trends, fatal pedestrian accidents are up in Nevada

March 27, 2014

Bucking national trends, fatal pedestrian accidents are up in Nevada

Article provided by Fahrendorf, Viloria, Oliphant & Oster L.L.P.
Visit us at http://www.renonvlaw.com

After three straight years of increases in pedestrian deaths, the most recent data seems to indicate that pedestrian fatalities will decline across the US in 2013. Recently, the Governors Highway Safety Association released a report that found that pedestrian deaths decreased by 8.7 percent between 2012 and 2013. However, since only the first halves of each year were compared, due to data being unavailable for the second half of 2013, it will not be known until later whether there was a decrease overall.

Unfortunately, according to the Nevada Department of Transportation (NDOT), the Silver State is not one of the states that have contributed to the reduction of fatal pedestrian accidents. According to NDOT statistics, pedestrian deaths increased by 11.86 percent during the first half of 2013.

Despite the statistics, NDOT is working to reduce the number of pedestrian fatalities to zero. To accomplish their goal, the agency has installed many safety improvements across the state including crosswalk timers and flashing yellow lights that allow drivers the opportunity to turn left when there is no oncoming traffic or pedestrians crossing the street.

Liability for pedestrian accidents

Despite NDOT's best efforts, pedestrian accidents are likely to remain a chronic problem in Nevada's cities. When a driver hits a pedestrian, he or she may be held civilly liable for the pedestrian's injuries (or death) if he or she is found to be negligent. Under the law, drivers must operate their motor vehicles in a reasonable manner that does not subject others to an unreasonable risk of harm. If a driver fails to do this, under the law they are considered to be negligent.

Whether the driver was negligent depends on the surrounding facts and circumstances of the accident. Common instances that may indicate negligence on the driver's part are:
-Speeding

-If the driver was using a cellphone, texting or engaging in another distracting activity just before the accident

-Driver intoxication or drug use

-Failure to yield the right of way

-Failure to obey traffic signals

-Although no law was broken, the driver drove unreasonably under the circumstances, given the weather, traffic or other conditions

Under the law, negligent drivers are liable to injured parties for the expenses caused by the accident such as medical bills or lost wages. If the collision with the pedestrian results in his or her death, a negligent driver may also be held liable in a wrongful death lawsuit.

Proving negligence can be a complex ordeal. If you or a loved one have been the victim of a negligent driver, it is wise to have the benefit of an experienced personal injury attorney throughout the process. An attorney can thoroughly investigate the causes of the accident and work to secure the compensation that you are entitled to.