How to File a Pedestrian Accident Lawsuit in Las Vegas
Nevada is one of the most dangerous states for pedestrians. According to a preliminary Governors Highway Safety Association (GHSA) report, the state had the seventh-highest rate of pedestrian fatalities in the U.S. in a recent year.
With nothing to shield them from severe harm in a collision, pedestrians frequently sustain the worst injuries. If you were harmed in a Nevada pedestrian accident that wasn’t your fault, you may be able to pursue compensation to reimburse you for medical expenses, lost wages, and provide for your future needs.
The Las Vegas pedestrian accident lawyers at THE702FIRM Injury Attorneys understand the devastating personal and financial toll that a pedestrian accident can take on a victim’s life. Let us fight for the money and justice you deserve. Contact us today for a free consultation.
How Does THE702FIRM Injury Attorneys Guide Pedestrian Accident Victims Through the Legal Process?
When someone is injured in a pedestrian accident, the legal process can feel overwhelming and confusing. THE702FIRM Injury Attorneys provides step-by-step guidance, from the first consultation through settlement negotiations or trial, ensuring victims understand their rights and have strong support at every stage.
1. Initial Consultation and Pedestrian Accident Case Evaluation
THE702FIRM Injury Attorneys begins by offering a free consultation where victims can share the details of their accident. During this stage, experienced pedestrian accident attorneys carefully review the circumstances, listen to the victim’s concerns, and assess whether the case has a strong legal foundation. This evaluation allows the firm to outline potential legal strategies and explain what victims can realistically expect from the process.
2. Thorough Investigation and Evidence Gathering
Once representation is established, the firm conducts a comprehensive investigation. This includes reviewing police reports, collecting witness statements, examining medical records, and, when necessary, working with accident reconstruction specialists. The goal is to build a solid case that clearly shows how the accident occurred and who was responsible.
3. Clear Communication and Legal Guidance
THE702FIRM Injury Attorneys emphasizes keeping clients informed at every stage. Attorneys explain complicated legal procedures in plain language, ensuring victims understand their rights and responsibilities. By providing guidance on what to expect during insurance negotiations or trial proceedings, the firm helps clients feel more confident and prepared.
4. Negotiating With Insurance Companies
Insurance companies often try to minimize payouts, but THE702FIRM Injury Attorneys steps in to handle these negotiations. Their legal team pushes back against low settlement offers, fighting for the rightful compensation they deserve.
5. Preparing for Litigation if Necessary
If a fair settlement cannot be reached, THE702FIRM Injury Attorneys is prepared to take the case to court. Attorneys present compelling arguments backed by evidence, expert testimony, and thorough legal research. Their courtroom experience ensures that victims’ voices are heard and their rights are fully protected.
6. Compassionate Support Throughout the Process
Beyond the legal aspects, THE702FIRM Injury Attorneys provides emotional support and reassurance. They understand that pedestrian accident victims often face trauma, uncertainty, and financial stress. By combining legal expertise with compassionate advocacy, the firm helps clients focus on recovery while they handle the legal process.
Top Causes of Fatal Pedestrian Accidents
Like most accidents, pedestrian collisions often involve multiple contributing factors. However, driver negligence is a common theme. Some of the top causes of pedestrian accidents in Nevada include:
Impaired driving
Intoxicated drivers suffer from poor judgment, awareness, and reaction time, all of which can compromise their driving ability. If a drunk or drugged driver hit you, our pedestrian accident lawyers can gather the evidence needed to hold the motorist liable for your injuries.
Distracted driving
Inattention is a common cause of Las Vegas pedestrian accidents because drivers overlook changes in the right of way or fail to look for pedestrians in their paths.
Aggressive driving
Speeding, lane weaving, and running red lights may not leave drivers with enough time to avoid a pedestrian crash. When traffic violations cause a collision, our injury attorneys can help you hold the negligent driver accountable for their actions.
Failure to yield
Pedestrians have the right of way in many traffic scenarios. If a driver violates state pedestrian laws, their actions could lead to a lawsuit.
Backover accidents
It’s essential to exercise caution when backing out of driveways, alleys, or parking spaces. Backover accidents, also called backup crashes, can have life-changing consequences even though they often occur at slow speeds.
Poor vehicle maintenance
When drivers knowingly get behind the wheel of vehicles with defective wheels, steering systems, or brakes, they can be held responsible for pedestrian accidents caused by vehicle failure.
Unsafe car parts
If the poor design, manufacturing, or assembly of a vehicle part causes a critical failure that results in a pedestrian crash, any party in the manufacturing or distribution chain may be held liable.
Poor road design or conditions
In some cases, substandard road design or maintenance can lead to blind curves, missing traffic signage, or dangerous potholes. Poor infrastructure can make roads more hazardous and pedestrian accidents more likely. In these cases, our law firm can determine whether a state, city, or local government may be held responsible for a pedestrian accident.
Pedestrian Accident Injuries
The sheer force of a motor vehicle striking an unprotected human body can result in catastrophic injuries. Common injuries caused by pedestrian accidents include:
- Soft tissue injuries
- Deep cuts, burns, and bruises
- Road rash
- Broken bones
- Crush injuries
- Traumatic brain injury (TBI)
- Back injuries
- Neck injuries
- Spinal cord injuries/paralysis
- Joint injuries
- Facial scarring and disfigurement
- Amputation
- Abdominal injuries
- Internal bleeding
- Post-traumatic stress disorder
Proving Fault in a Pedestrian Accident
Although pedestrians have specific traffic rights, it’s essential to recognize that they don’t always have the right of way. When it comes to pedestrian vs. car accidents, injured pedestrians must demonstrate fault before they can claim compensation.
Any of the following parties could be at fault in a Las Vegas pedestrian accident:
- Car or truck drivers: If the driver of a passenger car or commercial vehicle was behaving negligently, injured pedestrians can hold those drivers financially accountable for their losses.
- Cyclists and other pedestrians: If a bicycle rider or another pedestrian ignores the proper right of way, they could cause drivers to swerve to avoid a collision and crash into other pedestrians as a result.
- The driver’s employer: If the driver who caused the crash was driving a company car or traveling for work-related reasons, their employer could be considered vicariously responsible for the employee’s actions.
- Negligent manufacturers: If a pedestrian accident occurs because a defective component led to a dangerous loss of control, the manufacturer of the malfunctioning part may be partially or fully at fault.
- Local government agencies: When poor quality road infrastructure or maintenance is a contributing factor in a pedestrian accident, the city or county government where the accident occurred may be liable.
If a pedestrian is partially responsible for a crash because they were jaywalking, distracted, or intoxicated, they may still have the right to recover compensation. According to Nevada’s comparative negligence laws, injured parties have a right to claim money for their losses as long as they are 50 percent or less at fault.
Compensation for the Serious Injuries in a Pedestrian Accident
With a successful pedestrian accident claim, you could receive compensation for losses such as:
- Your past and future medical bills: The costs of any past, ongoing, or future medical care needed to treat your injuries. This includes expenses such as ambulance rides, hospital stays, doctor’s visits, and prescription medications.
- Out-of-pocket expenses: Any incidental expenses you are forced to cover yourself, such as transportation to and from medical appointments.
- Past and future lost wages: Any reductions in your take-home due to missed time at work. If you suffer a long-term disability, you could also receive compensation for losses in your future earning potential.
- Pain, suffering, and lost quality of life: The subjective costs of the physical pain, emotional suffering, and losses in your quality of life due to the wreck can be part of a successful pedestrian accident lawsuit or settlement.
- Punitive damages: If the at-fault driver was purposefully reckless or malicious, you could recover punitive damages, which are meant to punish the responsible party and deter them from similar conduct moving forward.
Filing a Pedestrian Accident Lawsuit in Las Vegas
Filing a pedestrian accident lawsuit in Las Vegas can feel overwhelming, but breaking the process into clear steps helps accident victims understand their options and protect their rights. Here’s what the legal process often involves:
- Know Your Rights Under Nevada Law: Injured pedestrians or families of fatal pedestrian accidents may file a personal injury lawsuit or wrongful death lawsuit when a negligent driver or distracted driving caused the crash. Understanding these rights is the first step in protecting your claim.
- Gather Evidence to Build Your Case: Attorneys collect medical bills, medical records, police reports, and witness statements to show how the accident occurred and prove the responsibility of the negligent driver. Reliable documentation builds trust and strengthens your pedestrian accident case.
- File an Insurance Claim First: Personal injury claims usually start with the insurance company. Attorneys present the evidence and push for fair compensation that covers medical expenses, lost wages, and other damages.
- Prepare for Court if Needed: If the insurer refuses a fair settlement, your law firm can take the next step by filing a personal injury lawsuit in Las Vegas court. This shows commitment to protecting your rights and recovering compensation.
- Understanding the Legal Process: Filing a pedestrian accident lawsuit involves investigation, negotiation, and, in some cases, litigation. Attorneys explain each stage clearly so accident victims know what to expect.
- Contingency Fee Basis Representation: Most pedestrian accident attorneys work on a contingency fee basis. You pay nothing upfront, and legal fees are only collected if compensation is recovered for your case.
- Focus on Healing While Attorneys Handle the Case: With an experienced Las Vegas pedestrian accident attorney managing the legal process, accident victims and their families can focus on medical recovery and emotional healing while their case is pursued.
Wrongful Death Claims After Fatal Pedestrian Accidents
Fatal pedestrian accidents devastate families. When a loved one is killed due to a negligent driver, the law allows surviving relatives to file a wrongful death claim.
Wrongful death lawsuits follow a legal process similar to personal injury cases but focus on the family’s losses rather than injuries suffered by the pedestrian. Gathering evidence such as the police report, witness statements, and proof of financial dependency is key to building a strong wrongful death lawsuit.
At THE702FIRM Injury Attorneys, we know the emotional toll these cases bring. Families deserve compassionate representation during this time. Our pedestrian accident attorneys work with care, handling communication with the insurance company and pursuing a fair settlement. If necessary, our law firm is prepared to take the case to trial to protect the family’s rights.
File a Pedestrian Accident Lawsuit With THE702FIRM Injury Attorneys
If you are wondering how to file a pedestrian accident lawsuit in Las Vegas, the process begins with understanding your rights and getting help from an experienced attorney. At THE702FIRM Injury Attorneys, we represent pedestrian accident victims and families across Las Vegas. Our pedestrian accident attorneys work to secure fair compensation for their clients. When needed, we take cases to trial to fight for the financial recovery our clients deserve.
To get started, call us at (702) 478-2266 or schedule a free consultation online to review your case with our Las Vegas personal injury lawyer.