The metropolitan area of Nevada has seen a distinct increase in road fatalities since the beginning of the year, in comparison to 2018, the deadliest year in a decade for road fatalities with 331 (increase of 6.4% from 2017 according to the Department of Public Safety). Las Vegas Review Journal reports that there have been eight roadside fatalities since January 1st in the Metro Area. The causes of the road accidents varied from a motorcycle collision with a bus, a bicycle collision, a pedestrian getting struck at a marked crosswalk, and an off-duty officer in his personal vehicle colliding with a motorcycle (who was at fault has not been determined yet). These incidents have brought about numerous charges including:
DUI Resulting in a Death
A DUI resulting in a death (NRS 484C.430) or substantial bodily harm falls under the criminal penalty system:
Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; exception; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
If the victim suffers injury or death, the state will bring felony DUI charges that could carry up to two decades in prison, subject to the finer details.
Vehicular Manslaughter / Vehicular Homicide
Violating the basic rules of the road like speeding or running a red light will bring it’s own consequences. However, if there was a victim killed resulting from the above offenses, vehicular manslaughter charges come into effect. In order for a person to be charged with vehicular manslaughter in Las Vegas they must violate a current traffic law which results in the death of another person. There must be proof that the victim’s death was a natural or probable result of that driver’s negligence. Under sections NRS 484B.657:
- A person who, while driving or in actual physical control of any vehicle, proximately causes the death of another person through an act or omission that constitutes simple negligence is guilty of vehicular manslaughter and shall be punished for a misdemeanor.
- A person who commits an offense of vehicular manslaughter may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.
The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.
Bicycle & Motorcycle Road Fatalities Due to Negligent Driving
Driver’s need to take extra precaution to be aware of their surroundings. This is especially true when the fate of motorcyclists and bicyclists are involved. Negligent driving, when one fails to take proper care or attention to the road while operating any form of automobile, can result in severe bodily harm or death to the unprotected bicyclist/motorcyclist. This can include, but is not limited to, failure to check blind-spots when changing lanes or turning right. There has been an increase in bicycle accidents in the last decade in Las Vegas due to the following:
- Aggressive drivers
- Negligent driving
- Lack of bicycle lanes
- Increase in road users
- Busier intersections
- Lack of bicycle awareness programs
- Increase of population using using bikes for environmental and financial purposes
Pedestrian Fatality in Las Vegas
Unfortunately, pedestrians have also been the victims of roadside fatalities in this short time period. One of the fatalities was due to distracted driving as a pedestrian was crossing a busy intersection on a marked crosswalk. This unfortunate event is an opportunity to remind drivers of their responsibilities for pedestrian safety.
- Pedestrians have the right of way when they are on a marked and unmarked crosswalk
- Blind pedestrians always have the right of way
- Drivers must stop in the presence of a school crossing guard
If you have been injured in a pedestrian accident you need to contact an injury attorney immediately.
Las Vegas Road Accident Attorney Will Fight for You!
The dramatic increase in roadside fatalities in the first two weeks of this year as compared to last should remind us of the importance of obeying the rules of the road. If you or a loved one has been in a motor vehicle accident in which personal injury or a roadside fatality has taken place, hiring an experienced and compassionate attorney should be your next step in the road to recovery. We have fought countless battles, resulting in victims and their families having received compensation and justice for the wrongs committed against them.
Call Harris & Harris Injury Lawyers today at (702) 384-1414 for a free consultation and let us help you get what you deserve.