Bad Weekend for Pedestrian Safety in Las Vegas
The Electric Daisy Carnival once again entered the Vegas Valley with partygoers eager to enjoy the festivities of the Las Vegas Speedway. All three days were successful from an accident standpoint with exception of the final night where a person was hit in critical condition and taken to UMC. The pedestrian was hit at proximately 4:30am as he exited the Las Vegas Motor Speedway. This is the second major pedestrian accident in Las Vegas this weekend involving an elderly driver and a pedestrian. On Saturday, a pedestrian was killed as he was heading with his wife to a garage sale. There, and elderly driver for unknown reasons smashed his vehicle into the sidewalk killing the man while his wife watched in horror. Speculation has surfaced that perhaps a medical condition was to blame for the episode, but the investigation is continuing.
Benson & Bingham will continue to monitor both accidents. Unless a commercial policy of insurance is available, and that is unlikely, the financial recovery is not going to be very good. Hopefully, the 31-year-old Florida man hit at the EDC has health insurance coverage to take care of his medical expenses as the 67-year-old who hit him probably does not carry adequate coverage for the damages caused. “If jaywalking was the to blame, then all bets are off; however, if the victim was hit due to a non-orderly exist then the promoter of the event, Insomniac Productions, may have some blame. Under Nevada’s joint and several liability laws, if Insomniac was 1% at fault then the guest could collect 100% of his damages from the production company. The general facts will be telling about the possibility of other liability holders.
“Obviously blood alcohol and possible drug intoxication will be paramount in the investigation.” Stated Mr. Joseph L. Benson II, Esq. 702-382-9797.