Pedestrian Accident Statute of Limitations in Nevada

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Attorney

According to Nevada’s most current Traffic Safety Crash Facts report, pedestrians accounted for nearly one-quarter of traffic fatalities statewide in a five-year period. The vast majority of pedestrian deaths during that time ― 73.5 percent ― occurred in Clark County, home to Las Vegas and its sprawling metro area.

Were you hit by a car while walking in Las Vegas? If you suffered serious injuries, you could be entitled to significant financial compensation. The Las Vegas pedestrian accident lawyers at THE702FIRM Injury Attorneys can help you pursue the justice and money you deserve. However, Nevada’s statute of limitations law may impact your ability to file a claim, so it’s important to act fast. Don’t wait ― call or contact us today for a free case review.

Time Limit to File a Pedestrian Accident Claim in NV

Nevada’s statute of limitations laws place specific time limits on your ability to file certain types of lawsuits in civil court. You have just two years to file a pedestrian accident claim in Nevada.

The two-year window for legal action begins on the date of the pedestrian accident. This means the clock started ticking from the moment you were injured.

If you attempt to file your claim after the legal statute of limitations has expired, the court will likely dismiss your lawsuit, and you will lose your right to demand money for your losses. However, judges may grant exceptions to this rule in certain situations.

What Circumstances Could Affect the Statute of Limitations?

In some cases, the court may decide the standard two-year timeline for a pedestrian accident case does not apply. If circumstances prevent victims from recognizing their grounds for a personal injury lawsuit, the statute of limitations can be “tolled,” or paused.

The personal injury statute of limitations in Nevada may be tolled after a pedestrian accident if:

  • The “discovery rule” applies. Some pedestrian accident injuries may not be immediately obvious. If a pedestrian is unaware that they suffered an injury after a crash, the discovery rule says the two-year statute of limitations starts on the date the victim learns of their injury.
  • The victim was a minor. If a minor sustains an injury in a Nevada pedestrian accident, the statute of limitations can be tolled until their 18th birthday. The clock to file an injury lawsuit stops ticking when they turn 20.
  • The victim was mentally incompetent. If a pedestrian accident victim is mentally incapable of comprehending or pursuing legal action, the two-year statute of limitations can be tolled until the victim regains their mental capacity.

Pedestrian Laws in Nevada

Drivers and pedestrians have specific duties to keep themselves and others safe. The Nevada Department of Motor Vehicles outlines the following pedestrian traffic laws and regulations.

Drivers must:

  • Exercise reasonable care at all times to avoid colliding with pedestrians.
  • Yield the right of way to pedestrians in crosswalks.
  • Yield to blind pedestrians at all times, who may be identified by their white canes or service animals.
  • Slow down or stop before passing another vehicle that has stopped to allow a pedestrian to cross.
  • Wait for all pedestrians, including crossing guards, to clear the road ahead before proceeding.

Pedestrians must:

  • Use sidewalks, crosswalks, and pedestrian bridges or tunnels whenever possible.
  • Walk on the left side of the street, facing oncoming traffic, when no sidewalks are available.
  • Obey all traffic control signs, signals, and devices.
  • Walk within the right side of crosswalks when possible.
  • Not cross intersections diagonally unless pavement markings or other pedestrian walkways specifically allow it.
  • Walk into the path of an oncoming vehicle without giving the driver time to slow down or stop.

Important note: Crosswalks legally exist at all intersections, even if painted markings exist on the pavement.

How Do I File a Pedestrian Accident Claim?

Knowing what to do after a pedestrian accident can be challenging, especially if you sustained severe injuries. Here’s what you need to know:

  • Seek medical attention as soon as possible. If you don’t require emergency treatment, visit your doctor or an urgent care clinic to obtain a formal diagnosis, get evaluated for undetected injuries, and establish a medical record of your condition.
  • Gather as much evidence as you can. If you can, collect evidence from the accident scene. Get the driver’s contact details, insurance information, photographs of your injuries and vehicle damage, and witness statements. Keep all medical bills and receipts of your accident-related financial losses.
  • Follow your doctor’s recommended care plan. Take all medications as prescribed, follow physical therapy plans, and attend all follow-up appointments.
  • Watch what you say about the accident. Politely decline any requests from the insurance company for a written or recorded statement. Avoid posting information or photos related to the accident on social media.
  • Contact a trustworthy pedestrian accident lawyer. Speak to a knowledgeable personal injury attorney who can get the ball rolling on the legal and administrative aspects of filing a claim while you recover.

How a Pedestrian Accident Attorney Can Help

The pedestrian accident lawyers at THE702FIRM Injury Attorneys will support you every step of the way through the accident claim process by:

  • Explaining your legal rights and options in a free consultation
  • Conducting an independent investigation into the pedestrian accident
  • Uncovering valuable evidence and determining who can be held liable
  • Calculating a reasonable estimate of your claim’s value
  • Communicating with insurance companies and their attorneys on your behalf
  • Managing necessary paperwork and filing deadlines for your case
  • Representing your interests during settlement negotiations and, if necessary, taking your case to court to demand fair compensation

Contact a Pedestrian Accident Lawyer in Nevada

If you’ve been involved in a pedestrian accident, you can rely on the expertise of a Pedestrian Accident Lawyer from THE702FIRM Injury Attorneys to assist you with your most pressing concerns. Our law firm is dedicated to helping you obtain the compensation you deserve for your injuries. Don’t hesitate to contact us today to learn more about how we can assist you.