With the fabulous tourism industry in Las Vegas, you’ll see thousands of pedestrians enjoying the open air every day. But walking on the strip isn’t the only place you’ll find pedestrians. Walking is an enjoyable pastime all over Vegas, but unfortunately, not all motor vehicle drivers are on the watch for pedestrians, which can sometimes lead to pedestrian accidents.
When a motor vehicle collides with a person on foot, this kind of car accident can easily lead to serious injuries and even pedestrian fatalities as the individuals are not protected from the huge mass of the vehicle. If you or a loved one was injured in a pedestrian accident, you have our deepest sympathy and wishes for a swift recovery. You should speak with a pedestrian accident attorney right away to find out what compensation you could qualify for in a personal injury claim.
At Benjamin Durham Law Firm, our personal injury lawyers have been helping clients for over two decades. Our experience and knowledge of the law are apparent in our proven record of success. We will not rest until you are fully compensated for the severe injuries that driver negligence caused you. We can help you recover damages for medical expenses, lost wages, emotional distress, and more. Please don’t wait any longer to take action. Contact us today at (702) 793-2326 to schedule an appointment to talk with a skilled pedestrian accident lawyer about your case.
Why Do Pedestrian Accidents Occur in Las Vegas?
Drivers in Nevada owe a duty of care to others on the road. This means that, by law, they must operate their vehicle in a careful manner that keeps everyone reasonably safe, including pedestrians. As a pedestrian, you should also obey the law and follow signs, such as crossing at a crosswalk only when the sign says to go. However, even when following the law, you can’t control other drivers’ actions and could be involved in an accident.
Some common causes of accidents between motor vehicles and pedestrians are:
- Driving under the influence of drugs and alcohol
- Aggressive driving, such as speeding and changing lanes without warning
- Failing to yield the right-of-way to pedestrians
- Failing to obey traffic signals such as running a red light
- Pedestrians who don’t cross at the crosswalk
- Pedestrians failing to obey traffic signs
- Inadequate lighting
- Distracted driving, including texting or talking on the phone
- Lack of sidewalks
- Driving too close to the sidewalk
- Failing to check for pedestrians before backing up
Both drivers and pedestrians owe a duty of care to be mindful of their surroundings while on the road. Although it is true that pedestrians can be hard to see for drivers, those operating motor vehicles have the responsibility to check carefully before entering crosswalks or intersections to avoid injuring someone else. If this duty is breached and you receive serious injuries. As a result, you could qualify for compensation. Contact a trusted legal representative right away to see if you can collect damages after a pedestrian accident.
Who is At Fault in a Pedestrian Accident?
Since each situation is unique, it is impossible to tell who is at fault in your case without meeting with you in person to go over all the details. However, there are some laws in Nevada that can help you understand what the obligations are for each party. For example, the driver has a duty to follow traffic laws such as following the speed limit, obeying traffic signs such as traffic lights, and yielding the right-of-way to pedestrians in the crosswalk. If the person broke the law by violating these traffic safety laws, they could be held liable for damages in your pedestrian accident.
It is also possible, however, that the pedestrian also shares some liability. If the person were drunk, for example, and stumbled into the street unexpectedly, they would be liable for injuries incurred if they were hit by a car. The pedestrian may also be held responsible if they did not cross at a crosswalk or entered the street when the light did not indicate that they should walk.
Nevada is a shared-fault state, so in a pedestrian accident lawsuit, it is possible that both parties could be assigned some share of the fault. This means that if you were the pedestrian and were hit by a speeding car but entered the crosswalk too soon, you and the other driver could be held liable to a certain extent. The court would give each party a percentage of fault and award damages accordingly. If you were 40% liable, you could collect the remaining 60% of damages awarded to you by the court. Please note that parties with 51% liability or more cannot collect damages. This is why it is vital to have talented pedestrian accident attorneys on your side to prove that the other party is liable, ensuring you collect the full compensation you deserve.
What Injuries Are Typically Caused in Pedestrian Accident Cases?
Because pedestrians are so vulnerable, the injuries sustained in these accidents are usually very severe and may even result in death. If you have been involved in an accident where a car collided with you or someone else, please seek immediate attention. Sometimes injuries can be masked or internal, but delaying treatment can cause permanent damage. So talk to a doctor right away to get the medical treatment you need.
Some common injuries in pedestrian accidents are:
- Traumatic brain injuries
- Bone fractures
- Muscle sprains
- Road rash
- Neck injuries
- Spinal cord injuries
- Wrongful death
- Internal injuries such as damaged internal organs
- Nerve damage
- Soft tissue damage such as muscles, ligaments, and tendons
- Loss of limbs
These devastating injuries can result in life-altering damages to pedestrians who were hit by a car. Victims and their families may feel overwhelmed by the long recovery, staggering medical cost, and loss of the lifestyle they were used to. This all comes at a time when the person may no longer be able to earn a living because of their injuries.
If you have been severely injured in a pedestrian accident, you deserve compensation. Personal injury claims can help get you the justice you seek and could relieve the financial burden you and your family now face. Contact Benjamin Durham Law Firm for help getting a fair settlement.
What is My Pedestrian Accident Claim Worth?
The amount of money your claim is worth depends on many factors. We can give you a better idea of what to expect when you meet with us in person to go over the details of your personal injury case. However, most pedestrian accidents depend on the severity of the injuries and the way they have impacted your life.
These questions can help us determine your case’s worth:
- How severe are the injuries you’ve sustained?
- What is the total cost of medical treatment?
- What is the estimated future cost of medical bills?
- What is the value of lost income?
- Will the injuries affect your income-earning ability?
- Will your injuries impact your future education or career?
- Have the injuries reduced your quality of life?
- Are you liable for any part of the accident?
Depending on how you answer these questions, you could qualify for any number of economic and non-economic damages.
Economic damages are items that are easily calculated, including:
- Medical bills
- Lost wages
- Reduced income-earning ability
- Hospital charges
- Ambulance costs
- Physical Therapy
Non-economic damages are not tangible and are harder to prove but are equally important in a pedestrian accident case. These include:
- Emotional distress
- Mental disorders like depression and anxiety
- Past and future pain and suffering
- Loss of enjoyment of life
- Loss of companionship when your loved one died in the accident
To get the most compensation possible from your pedestrian accident claim, reach out to Benjamin Durham Law Firm for talented attorneys who will fight for justice on your behalf.
What is Nevada Law Regarding Pedestrians?
Nevada state law is intended to protect citizens and tourists alike from suffering injuries and pedestrian deaths in the Silver State. Heavy fines may be levied on people who do not follow the law, such as jaywalking or failing to cross at a crosswalk.
Some ways pedestrians and drivers break the law, threatening the safety of people in Las Vegas are:
- Jaywalking, or crossing in an unmarked portion of the road when a crosswalk is present
- Drivers who fail to yield the right-of-way to pedestrians crossing in the crosswalk
- Pedestrians who do not follow traffic signs and dart unexpectedly into the street
- Pedestrians crossing without a crosswalk who do not yield to oncoming traffic
- Walking while intoxicated in places of high motor vehicle traffic – while this is not technically illegal, it is incredibly dangerous and is nearly as risky as driving drunk.
- Drivers who engage in distracted driving, such as texting or otherwise driving recklessly
- Aggressive drivers who speed and fail to observe traffic signals
Both drivers and pedestrians have a duty to obey the law, keeping everyone safe. Avoiding accidents in the first place is the best way to keep Las Vegas a safe city for citizens and tourists alike.
If you have been injured in a pedestrian accident because of someone else who violated the law or was a negligent driver, you could qualify for compensation. Our personal injury attorneys offer a free consultation to discuss your case and see whether you could recover damages. As an injured pedestrian, you have the right to see justice served. Call us today for an appointment to meet with our talented pedestrian accident attorneys and see how we can help you.
How Can I Protect My Rights in a Pedestrian Accident Case?
When a driver’s reckless choices result in your injuries as a pedestrian, you should speak with a pedestrian accident attorney to find out how to pursue compensation. Your personal injury attorney can also advise you on ways to protect your rights following the accident.
Some ways you can protect your rights following a pedestrian accident are:
- Call law enforcement immediately following the incident. Police officers can verify whether the driver violated the law, and their report is useful evidence later in the case.
- Seek medical treatment right away, even if you don’t think you are seriously injured. A medical professional should examine you to be sure you don’t have masked or internal injuries that could cause permanent damage.
- Talk to eyewitnesses who viewed the accident and get their names and contact information.
- Keep careful track of medical bills and expenses related to the incident to prove how much compensation you are owed in your accident claim.
- Don’t accept a settlement from the insurance company or sign any documents without first consulting with a personal injury lawyer from Las Vegas. Insurance companies are notorious for offering a low settlement in the hopes that the victim won’t realize how much their claim is worth. An attorney can prevent you from settling for less than you deserve.
- Don’t share details about the accident on social media.
- As soon as you are able, hire a pedestrian accident lawyer to defend your rights during the legal proceedings and get you the maximum compensation you deserve.
Should You Hire Our Pedestrian Accident Attorneys?
Las Vegas is a wonderful city to visit, and walking offers health benefits for tourists and residents. However, pedestrians are at risk of serious injuries when motorists disregard the law. People on foot must also be respectful of traffic laws in order to keep themselves and others safe. When vehicles collide with pedestrians, the effects can be devastating and may result in death. Injured pedestrians suffer because negligent drivers should be compensated for the pain from pedestrian accidents.
If you or a loved one has been involved in a pedestrian accident in Las Vegas or the surrounding areas, you deserve legal representation to get the results you need from your personal injury claim. An experienced pedestrian accident lawyer can help you negotiate a fair settlement with the insurance company, gather evidence to prove that you were not at fault, and bring a claim that gets the maximum compensation you deserve.
At Benjamin Durham Law Firm, our practice has helped individuals for over twenty years. We understand Nevada law and know how to protect your rights as a pedestrian accident victim. At this difficult time, you need help you can rely on. We promise to stand by your side as a strong ally in your corner while listening compassionately to your goals in your personal injury case. Call us today at (702) 793-2326 to schedule a free consultation and see how our talented legal team can help you.