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Fatal Auto Pedestrian Accident

A fatal accident involving a drunk driver and a construction worker left the construction worker dead at the scene according to recent reports. Robert Lujan was tearing up asphalt with a wet saw on West Sahara Avenue when he was struck by a truck driven by Rafael Mendez-Soto, who was arrested on suspicion of DUI. The driver also hit an empty Chevy truck. Mendez-Soto did not stop to check on the victim, but was found hiding in a trash can nearby. The driver admitted to consuming 8-9 beers within a seven-hour period before the accident. As he was driving he said he felt his eyes get heavy. When he saw the body, he panicked and ran. Friends and family gathered at the scene of the crime in memory of Lujan. He was described as a generous husband, father, and friend. The family plead with people to stop drunk driving, “Don't destroy families because of your stupidity and your alcoholism," said one family member.

Elements of Wrongful Death

The elements of a wrongful death must include the death of a human being and another's negligence. The surviving family members may be entitled to payment of money for their own injuries as well as the loss of the loved one and his or her pain and suffering. Wrongful death cases may follow incidents of medical malpractice, an automobile accident, an occupational injury, criminal behavior on the part of the defendant or the death of a child or adult during a supervised activity. It is important to note that wrongful death is not limited to these scenarios. It is in your best interests to contact an attorney if you believe you may have a case due to a wrongful death.


Deaths in construction zones, particularly on busy highways, are not uncommon. Fatalities of construction and maintenance work zones averaged 669 accidental deaths from 2007 to 2012. In 2012, Nevada reported 15 work zone fatalities out of 243 total fatalities for road workers. Nationwide there were 10,322 fatalities of road workers in 2012, with 166 of those fatalities occurring in work zones. In 2007, Nevada saw 373 alcohol-related auto accident fatalities, including a number of the work zone fatalities.

How Can Wrongful Death Lawyers Help?

Losing someone suddenly is difficult on family and friends, especially when the death was caused by someone's reckless act. For Lugan and his family, it was the reckless act of a drunk driver; for your family, it may have been something else. If you recently lost someone due to a wrongful death accident, contact the attorneys at Bernstein & Poissonin Las Vegas. The attorneys at Bernstein & Poisson have been representing families for 29 years against insurance adjusters or defense attorneys who do not have their best interests in mind. Bernstein & Poisson can help you fight for your rights if you have lost a loved one due to someone's negligence.