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.
Top Causes of 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
Even though pedestrians have specific traffic rights, it’s important to understand 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.
Filing a Pedestrian Accident Claim
The aftermath of a pedestrian accident can be shocking and confusing, but taking several simple steps can protect your health, your legal rights, and your ability to pursue compensation:
- Seek prompt medical attention, even if you don’t believe your injuries are severe.
- Follow through on your doctor’s prescribed treatment orders.
- Gather evidence to support your claim, such as photos of the accident scene, your injuries, witness statements, and the police report.
- Keep detailed records of any out-of-pocket expenses you incur as a result of the accident.
- Avoid discussing the accident with the insurance company until you’ve spoken to an experienced pedestrian accident lawyer.
- Get a free consultation with THE702FIRM Injury Attorneys right away.
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 things like 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.
Nevada Pedestrian Accident Statute of Limitations
If you have grounds for a pedestrian accident injury claim in Nevada, the law says you must file a claim within two years. In most cases, this means two years from the date of the accident.
How Can a Las Vegas Pedestrian Accident Attorney Help Me?
After a Las Vegas pedestrian accident, it can be challenging to manage a claim for compensation on your own. At THE702FIRM Injury Attorneys, our goal is to take off the pressure and deliver results that can help you financially and personally. We will:
- Explain your legal rights and provide professional advice about your options in a free consultation
- Help you locate the medical specialists you need for top-quality treatment
- Organize and manage all legal documents and deadlines
- Conduct an independent investigation into the crash to identify and preserve difficult-to-find evidence
- Interview eyewitnesses who can provide statements about how the crash occurred
- Hire accident reconstruction specialists to diagram the crash to show what happened and how
- Consult with medical and occupational experts, who can provide testimony regarding the extent of your injuries and how they will impact your life
- Communicate with the relevant insurance providers and attorneys so that you don’t have to
- Negotiate aggressively with insurance companies to maximize your compensation
- File a pedestrian accident lawsuit and represent you at trial, if the insurance company refuses to make a fair settlement offer
Contact THE702FIRM Injury Attorneys for Help Today
If you were injured in a Las Vegas pedestrian accident, you already have enough on your plate. Let THE702FIRM Injury Attorneys pursue the compensation that you need to heal and move forward in life.
Our pedestrian accident lawyers are serving injured victims throughout Las Vegas and the surrounding communities. Our knowledge, skills, and dedication have allowed us to recover millions of dollars in compensation for deserving clients just like you.
When you work with us, you’ll get customized legal services tailored specifically to your needs and goals. Even better, we can get started today. Call or fill out our online form for a free consultation.