A Nevada woman was killed when she was struck by a car while she was crossing a Las Vegas street. This was reportedly the first fatal pedestrian accident for 2016. According to the Las Vegas Metro police, the accident occurred shortly before 9:30 p.m. on Sunday, Jan. 3.

A preliminary accident report states that the pedestrian was not in a marked crosswalk when she was hit by the car. The impact apparently caused the pedestrian’s death. The driver of the car reportedly remained at the accident scene and cooperated with authorities.

While a vehicle operator who kills a pedestrian in a crosswalk is typically deemed at fault and held accountable for damages, cases in which the pedestrian was not in a crosswalk may be more complicated. If the deceased pedestrian’s surviving family members decide to file a wrongful death claim against the driver, it cannot be assumed that all the fault belongs to the driver of the car. The driver of the car may claim that the pedestrian was partially responsible.

In a case such as this pedestrian accident, Nevada’s modified comparative fault rule will likely come into play. If the jury finds that the victim caused or contributed to the crash by any degree, the compensation awarded to the victim’s family will be reduced by the victims’s percentage of fault as determined by the court. However, if the victim’s percentage of fault is determined to exceed 50 percent, there will be no monetary award entered for the surviving family members. Before filing a wrongful death lawsuit, it may be beneficial to consult with an experienced attorney who can assess the circumstances and the viability of such a claim.

Source: news3lv.com, “Woman, 56, Las Vegas Valley’s first traffic death of 2016“, Nathan O’Neal, Jan. 3, 2016