Las Vegas Pregnant Woman Killed in DUI Car Crash

Drinking and driving are not a good mix. This could lead to serious bodily injuries and damaged properties. Or worse, death. Here’s another alcohol-related car accident that resulted in a fatality.

In March 2018, a pregnant woman named Monique Leiwalo was driving on the northbound lane of Rainbow Boulevard around 7 in the morning. Suddenly a man driving an SUV hit another car and rear-ended Leiwalo’s vehicle. The force threw Leiwalo’s vehicle, crashing it into a pole. She died as a result.

But it was not only Leiwalo who perished in the car accident. The unborn child in her tummy also died. According to the deceased’s sister Jasmine, Leiwalo was scheduled to give birth in May. Originally from the Hawaiian island of Oahu, Leiwalo moved to Las Vegas in 2013 with her longtime beau Anthony Cruz.

The suspect, driving the SUV in question, was identified as Timothy Naas. After the car crash, Naas reportedly fled the scene. But he was later apprehended and criminally charged on suspicion of driving under the influence (DUI). The 29-year-old Naas was delivered to the Clark County Detention Center where he faces countless charges. Among the criminal actions filed against him include DUI and hit-and-run.

DUI Car Accidents Resulting in Wrongful Death Involving an Unborn Child

Is an unborn child considered a person for purposes applied in wrongful death cases? Yes, according to a 1972 case decided by the Supreme Court of Nevada in Weaks v. Mounter.

In Naas’ case, he may be criminally charged for the death of Leiwalo and her unborn child. Additionally, Naas may also face a civil action for recovery of damages arising from two counts of wrongful death.

Under Las Vegas jurisdiction, tortfeasors like Naas may be held liable for pecuniary losses. They will be required to answer for the decedent’s medical bills on his/her final illness or injury. Upon the latter’s death, these tortfeasors will also answer for the funeral or burial costs.

Tortfeasors will also be held liable to cover for the decedent’s lost future income, paying to the latter’s heirs. The heirs will also receive damages founded upon the decedent’s pain or suffering as well as the lost emotional guidance on the part of the dependents.

Establishing Liability in Las Vegas DUI Cases

To establish criminal and civil liability in wrongful deaths arising from Las Vegas DUI cases, the plaintiff will need to gather direct or circumstantial evidence to prove the fault or negligence of the tortfeasor. To wit, it must be shown to the court that:

the tortfeasor has the duty to observe proper diligence in operating his motor vehicle on the roadways,
(2) there was a failure to observe the requisite degree of diligence,
(3) this failure resulted in a violation of a safety statute; e.g., DUI laws,
(4) the violation of the safety statute involved an injury or death.

Based on the accident report, it can be deduced that Naas is liable for the wrongful death due to his failure to follow the DUI laws. However, from a legal standpoint, this fact needs to be presented and proven before the court.

You Need an Aggressive Las Vegas DUI Lawyer

If you or a loved one has been involved in a Las Vegas DUI incident, you may be entitled to compensation for injuries sustained. In the case of death, the heirs may be awarded the damages. For this purpose, it is highly recommended that you seek legal representation from a highly experienced Las Vegas DUI lawyer.

Get in touch with Dan Lovell of the Empire Law Group.

The post Pregnant Woman Killed in Alcohol Related Car Crash appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Driving by itself carries many inherent risks to the driver and the public. Drunk driver accident. But driving under the influence of alcohol gravely increases such risk. Its danger and the consequential actual losses to life and property are not only imagined. They happen. Almost everyone has witnessed them happen. Road accidents due to DUI has become part of our collective human experience. Needing a DUI Attorney is not uncommon.

Drinking alcohol remains legal in our jurisdictions. One may bask on alcohol only if he does not bother another, much less the public. One usually has an unbridled right on what he does in private. But not on what he does in public. When public safety is in question, the state reserves the right to restrict one’s actions.

Driving under the influence of alcohol is a question of public safety. One’s civil liberties may take a backseat in this instance. Because a higher interest is at play in here. So this is the justification why the state can rightfully pass legislation against DUI.

Really, at what point does alcohol influence a driver?

So, you think people drink and drive then they submit to the chance of getting arrested? No! Not that simple. Drivers would argue that drinking alcohol does not necessarily mean being influence by it. Crap, but it is a legitimate argument.

Therefore, states have standard threshold on Blood Alcohol Concentration (BAC) level. In the US, for 21 years old and above, driving with BAC of 0.08% or higher already qualifies as DUI. For under 21 years of age, the BAC state limits range from 0.00 to 0.02%.

The BAC Test and a little challenge

Detecting and apprehending drunk drivers are always a challenge. Why? Because police officers cannot just go around flagging down cars. Much less, they cannot just compel the drivers to be tested on their BAC. Otherwise, people will cry foul for being searched without warrant.

But commercial vehicles or public transportations are different. They are governed by the laws on contract of carriage. Public interest is a little more involved in them. Thus, they can always be flagged down and their drivers randomly tested for DUI violations.

So, when can be a driver of private vehicle be tested for DUI violation? When there is a reasonable suspicion that the driver has just drunk an alcohol.

Police officers may search in plain view for alcohol cans or bottles. Smell of alcohol can also raise reasonable suspicion. The driver’s behavior may also be indicative of being drunk.

The standard operating procedures vary from state to state. In some jurisdictions, they will conduct physical test like standing on one leg. Others require the apprehended individuals to walk on a straight line and turn around; some will be required to count backwards.

In short, police officers would conduct probing inquiries first. If they find reasonable suspicion, they may require the driver to voluntarily submit to physical examination. If the driver refuses, they may use reasonable force to subject the driver to such test. And if they find that the driver reaches the BAC threshold, they may arrest the driver.

Liabilities and Penalties

If drunk driver causes injuries, he may be civilly liable to the injured party. Furthermore, he may be criminally liable for DUI. Thus, on top of having to pay civil damages, the driver may face imprisonment, fines, and revocation of license. It is best for anyone involved in DUI accident to consult a personal injury attorney.

The post Drunk Driver Accident appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.