Las Vegas law enforcement reported that a pedestrian was tragically killed after being struck by a taxi cab in the city’s downtown area in February of this year. According to news reports, the officers responded to the scene of the accident around 5pm on a Saturday. The 21-year-old was crossing the street at a crosswalk near Grand Central Parkway. A pickup truck was stopped at the light on the other side of the street and, according to witnesses, a taxi cab ran the light and crashed into the pickup truck. The impact caused the pickup truck to rotate in the intersection, slamming into the woman who was crossing the road. Law enforcement reported that the victim was immediately taken to the hospital, where she died of her injuries. Las Vegas police noted neither driver involved in the accident showed signs of impairment, but the at-fault driver could face charges after an investigation is conducted.
Wrongful Death in Nevada
Wrongful death cases in the state of Nevada, and across the nation, are based on the same principles that are used for personal injury cases. In a wrongful death case, however, the family of the deceased victim bears the burden of proving the defendant’s negligence resulted in the victim’s untimely passing. Under Nevada state law, NRS 41.130, in order to prove negligence it must be shown that the defendant(s):
- Owed a duty to the injured victim;
- Actions, or failure to act, was an unreasonable response;
- Actions or inactions lead to the victim’s injury;
Moreover, a wrongful death under Nevada law NRS 41.085, is when a minor or adult dies as a result of the wrongful act or neglect of another. In such a scenario, the heirs of the deceased as well as the personal representative of the estate may each file a claim for damages against the party or parties responsible for the victim’s untimely death. Wrongful death cases are brought as a civil lawsuit and their goal is to seek monetary compensation for damages caused by the person’s untimely death. Of note, in addition to a civil lawsuit, criminal charges may be filed based on the death depending on the facts of the tragedy.
Who can File a Wrongful Death Action?
Under Nevada law, the following individuals are legally allowed to file a wrongful death suit:
- The personal representative of the decedent’s estate;
- The deceased’s surviving domestic partner or spouse;
- The surviving children of the deceased;
- If no surviving spouse or children, the parents of the deceased; and
- Other individuals if they can prove to the court that they were dependent upon the deceased at the time of his or her death.
Examples of individuals who may fall into the last category above include stepchildren, stepparents, or a child that is unrelated to the deceased but was supported by him or her for a minimum of six months out of the year. It is critical to keep in mind, however, that Nevada has a two-year statute of limitation on wrongful death claims. This means that a wrongful death lawsuit must be filed within this time frame or the claim will be forever barred simply due to the passage of time.
Contact Our Attorneys
The Las Vegas personal injury attorneys at Matt Pfau Law Group, who have years of experience helping those across the state of Nevada, can guide you during this difficult time. Contact us today to schedule your initial case evaluation.
