Ralph A. Schwartz, P.C. - Las Vegas Personal Injury Attorney

Elderly Las Vegas man killed in auto accident

The driver of a scooter was killed in the aftermath of an auto accident on a Nevada roadway. A fatal auto accident such as this one often leaves the surviving family overwhelmed with grief. Unexpected deaths also come with unplanned for financial obligations, such as funeral costs and other end of life expenses.

The 82-year-old victim apparently tried to change lanes on his scooter. He discovered the other lane was already occupied by a motor vehicle and tried to move back into the lane he had just left. However, he was struck by a trailing car in his original lane. The driver of that vehicle was in the process of attempting to pass the scooter when the collision occurred.

The scooter driver was rushed to a hospital. Unfortunately, the Nevada man passed away five days after the crash. The specific nature of the man's injuries was not divulged. The collision happened in Henderson, and it was the fourth death this year from a traffic accident within that city.

An auto accident is likely to place significant financial burdens on an already mourning family, and as a result, it may be beneficial to file a civil claim against the party thought to be responsible. In this case, however, a determination of negligence may not be cut and dried, and it may be argued by the other driver that the scooter driver was negligent by attempting to make -- and then aborting -- an inappropriate lane change. However, the family might argue that the trailing driver was also negligent or actually caused the accident because the scooter driver had not fully moved out of the lane or the vehicle was following too closely. A civil court under these circumstances might consider the doctrine of comparative negligence and fashion a monetary award based upon the percentage that each party's negligence contributed to the accident and death that followed. The family could still receive an award of damages, but it would be reduced the percentage of the victim's complicity in the crash, as determined by the court.

Source: Las Vegas Sun News, "Scooter rider dies five days after crash", Brian Nordli, May 20, 2014

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