These two events illustrate the importance of taking extra precautions while crossing a road. Even though it may seem trivial, it is important to stay within a marked crosswalk while walking across a roadway (which may have been a factor in the fatal auto-pedestrian accident). In addition to safety concerns, pedestrians in crosswalks enjoy more protection under the law – and, by extension, in civil courts during personal injury or wrongful death lawsuits.
Not only will the at-fault driver probably be indicted for a crime, but he could very well be sued for wrongful death by the family members of the victim. In cases of this type, the grieving family could ask the court for reimbursement of burial expenses as well as compensation for mental anguish and/or pain and suffering.
The family of the at-fault driver are mourning his passing, but they also may be forced to deal with a possible personal injury lawsuit filed by the driver of the Scion. Though the family members themselves probably can’t be sued, the estate of the at-fault driver and his insurance may be taken to court.
It is important to point out that even though cell phone use while driving is currently legal, it can be used as evidence of liability in an auto accident in a civil court. This means that a driver who causes an auto accident while texting or talking on a cell phone may be held responsible for damages in a personal injury or wrongful death lawsuit. In addition, if a plaintiff suspects that cell phone use may be the cause of an auto accident, lawyers may attempt to subpoena a defendant’s cell phone records – which will show the dates and times of all calls or texts made from a particular cell phone.
According to reports, the Occupational Safety and Health Administration (OSHA) is looking into the matter. This implies that the possibility exists that the tire jack may have malfunctioned, which could have caused its collapse and the subsequent tragedy. Depending on the outcome of OSHA’s investigation, the victim’s family may have grounds for a wrongful death lawsuit against the manufacturer of the tire jack.
Metro Police are still investigating the accident and what caused it. None of the press reports indicate whether the woman or the man had the right of way at the intersection, which is controlled by a traffic signal. Once authorities determine which motorist was at fault, it could have significant ramifications for any wrongful death lawsuit which might be filed by the victim’s heirs.
A Jean, NV man found out the hard way on Thursday night in Las Vegas just north of the UNLV campus. The victim was hit by a 2004 Volkswagen Golf at the intersection of Flamingo Road and Palos Verdes Street (between Swenson Street and Paradise Road) when he reportedly ran out into the roadway around 7pm. The 60-year old victim was transported to Sunrise Hospital in critical condition.
According to reports, a man told police, “I can’t drive home. I’m too drunk” after he crashed his PT Cruiser into a Mercedes in Las Vegas. The collision, which killed 52-year old Robert Childress, Jr., happened at the intersection of Charleston Street and Main Street when the at-fault driver reportedly ran a red light.
There are 13 Lowe’s stores in the greater Las Vegas area. If you have purchased some roll-up blinds or Roman shades from these retailers, stop using them immediately and contact the Window Covering Safety Council for a free repair kit. If your child has been injured by these shades or blinds or any other defective products, you should consult with a product liability lawyer to see about holding their manufacturers or distributors accountable.
On Thanksgiving Day, a woman from Vancouver, Canada lost her life due to injuries she sustained from a rock climbing accident at Oak Creek Canyon in the Red Rock National Conservation Area. Heather Gray was trying to climb the rock face known as Solar Slab when she fell about 60 feet and banged her head against the rock face.