Pedestrian Accidents

Pedestrians have been known to endure serious injuries and pedestrian fatalities when catastrophically injured in a collision. In Las Vegas, it is not uncommon for pedestrians to be struck by vehicles due, in part, to how highly-populated the area is. But that does not excuse drivers from doing their part to drive safely. In fact, the duty of care may even be seen as greater. 

If you or a loved one have been seriously injured in a pedestrian accident, you may be wondering what legal options are available to you. Find out how you can make the liable party pay for their negligence when you contact an experienced Las Vegas pedestrian accident lawyer at Gina Corena & Associates. Call our office today at (702) 680-1111 to claim your free case evaluation. 

Common Pedestrian Accident Injuries in Las Vegas

Pedestrians suffer some of the worst injuries possible when involved in an accident. Even in cases where you may initially feel “fine” or your injuries minor, you may find out later just how impactful they are on your life in more ways than one. 

With that being said, there are some types of serious injuries we see more often in Las Vegas pedestrian accidents involving motor vehicles than others. These include:

  • Spinal cord injuries
  • Paralysis 
  • Back injuries
  • Head injuries
  • Concussion
  • Whiplash
  • Traumatic brain injuries
  • Loss of limbs
  • Post-traumatic stress disorder (PTSD)
  • Third degree burns
  • Broken bones
  • ​Compound fractures
  • Sepsis
  • Organ failure
  • Internal injuries 
  • Permanent disabilities
  • Road rash
  • Disfigurement 
  • Scarring 
  • Wrongful death 

These are only a few of the types of injuries that have required medical treatment our clients have endured in pedestrian accidents. If you suffered an injury that was not listed above, you may still have the right to financial compensation. 

The type of injury you sustain does not always determine whether you have grounds for a claim. Instead, consider the various ways your life may have been affected, and will continue to be affected, by your pedestrian accident injuries. 

What to Do After a Las Vegas Pedestrian Accident

After your Las Vegas pedestrian accident, you may be feeling scared, confused, and unsure of what to do next. Fortunately, there are certain steps you can take to protect yourself physically and prepare for what is to come. Here are a few of the steps you should take after your pedestrian accident:

  • Step 1 – Call 911. Police and an ambulance should arrive on the scene of the accident. You will be able to file Accident and Police reports with law-enforcement at this time.
  • Step 2 – While you are waiting for the police and healthcare providers to arrive on the scene, do what you can to document it. Take photos and videos wherever possible and attempt to obtain the contact information of other involved parties, as well as any witnesses. 
  • Step 3 – Get medical attention. It is important that you be seen by a healthcare provider as soon as possible after you have been involved in an accident. Even if your injuries do not seem catastrophic, you still need to be medically evaluated.

Only after you have been seen by a healthcare provider and been declared medically stable should you contact your attorney. Your attorney will be able to gather time sensitive evidence that could be used to support your case, such as:

  • Chemical alcohol test results
  • Safety inspection reports
  • Police and traffic accident reports
  • Forensic evidence
  • Video surveillance from nearby businesses or homes
  • Expert testimony
When to Call a Pedestrian Accident Lawyer in Las Vegas

There are many different reasons why someone who has been seriously injured and a pedestrian accident would be hesitant to contact an attorney. First, after everything you have been through, pursuing legal action may be the furthest thing from your mind. You are likely dealing with tremendous emotional trauma in addition to the considerable financial losses and serious injuries you sustained. 

With that being said, there are a couple of different ways that you can tell that it may be in your best interest to reach out to a Las Vegas pedestrian accident attorney. When you are laying in your Las Vegas hospital bed, wondering what your next step should be, ask yourself these two questions:

  • Could someone else or is someone else at fault for your injuries?
  • How’s your life been significantly impacted by the injuries used to stand, or will it be in the future?

If you can answer yes to each of these questions, then it may be worth your time to speak to an attorney about the details of your case. 

Most reputable pedestrian accident lawyers in Las Vegas will be willing to speak with you for free about your pedestrian accident injuries and what you have been through. Only then will you find out whether you have a valid personal injury claim on your hands.

Fault for Las Vegas Pedestrian Accidents

One of the most important responsibilities your attorney will have following your pedestrian accident is figuring out who is responsible for causing your serious injuries. This is the party who will be compelled to compensate you for your suffering. 

Many victims of pedestrian accidents in Las Vegas assume that the driver of the motor vehicle that hit them is responsible for their injuries. And in some cases, this is true. 

For example, if you were using the marked crosswalk to cross the street when you were suddenly hit by a distracted driver, then that negligent driver may be found liable for your motor vehicle injuries. some of the other common types of negligent driving we see in Las Vegas pedestrian and car accident claims include:

  • Speeding
  • Tailgating
  • Road rage
  • Making an illegal turn 
  • Failure to stop
  • Failure to yield
  • Failure to use a turn signal
  • Distracted driving (cell phone use, for example)
  • Drowsy driving
  • Drug driving
  • Drunk driving

Many pedestrian accident victims are surprised to find that parties other than negligent drivers could be at fault for their injuries. However, in situations where the driver’s motor vehicle malfunctioned in some way, or the roads were defective, then other parties may share fault for your injuries. Some of the other parties who are commonly found culpable in Las Vegas pedestrian accidents include:

It is also important that we touch on dram shop liability, considering the abundant nightlife that Las Vegas offers. Dram shops are establishments and businesses that serve or sell alcohol. These companies have an obligation to protect their patrons in the public. 

For this reason, they are prohibited from selling alcohol to individuals who are already under the influence. Establishments that fail to adhere to dram shop liability laws can be found liable for injuries that pedestrians like you may sustain when involved in a collision with a drunk driver.

Figuring out who is responsible for causing your pedestrian accident in Las Vegas is critical. Your personal injury attorney will need to thoroughly investigate in order to uncover the truth. We will need to carefully analyze the evidence in your case in order to ensure that all parties who share fault for your injuries are held accountable to the fullest extent of the law.

Modified Comparative Negligence Laws in Nevada

Since we are discussing fault in pedestrian accidents, it is important to discuss how Nevada shared fault laws could have an impact on your injury settlement. One of the primary reasons why pedestrian accident victims do not reach out to one attorney is because they have concerns that sharing fault for their injuries will prevent them from being awarded compensation. 

In states that follow pure contributory negligence systems, this may be true. But Nevada is not a pure contributory negligence state. Instead, Nevada follows a modified comparative negligence system. This means that for Las Vegas personal injury cases, you do still have the right to compensation when you are involved in an accident, even if you share fault for your injuries. 

However, there is a limit. Nevada follows the 50% bar rule. This means that you can only share up to 50% of the fault for the accident and still recover compensation. If your portion of fault exceeds 50%, then you will no longer be able to seek compensation in civil court. 

Pedestrians are often found to have contributed to their injuries in a number of different ways. Some of these might include:

  • Failure to use a crosswalk
  • Failure to adhere to traffic signals
  • Failure to use the sidewalk
  • Distracted walking 
  • Failure to yield to the right of way
  • Public impairment

If you are found to share blame for your injuries, you should also expect that your injury settlement will be reduced to reflect your portion of fault. Let’s say, for example, that you were found to be 25% liable for your injuries when you failed to follow the crosswalk signal. You were struck by a driver who was speeding, but you should still expect your injury settlement to then be reduced by 25%.

It is also not unusual for motorists and their insurance companies to attempt to place blame on the pedestrian accident victim. Doing so may make it possible for them to get away with reducing your injury settlement or denying your claim all together. 

For this reason, it is essential that you get an experienced pedestrian accident attorney in Las Vegas to advocate for your rights. Doing so may be the only way to ensure that fault is accurately assessed in your case.

What to Expect From the Insurance Company

Dealing with the insurance company is one of the most difficult aspects of the pedestrian accident claims process. Insurance companies are for profit. This means that you can expect them to be looking for every opportunity they can find to get away with reducing your injuries. 

Insurance companies will go to great lengths in order to protect their profits. Insurance adjusters have been known to manipulate the statements given to them by claimants, make lowball offers, and otherwise take advantage of pedestrian accident victims in need.

Fortunately, your pedestrian accident attorney will be well-versed in these unscrupulous tactics. You can be sure that your attorney will not let the insurance company get away with their wrongful acts. 

Your personal injury lawyer will be prepared to bring your case before a judge in order to secure maximum compensation for your damages. Protect your injury settlement by having your attorney handle the negotiations process with the insurance company for you.

How are Victims of Pedestrian Accidents Compensated in Las Vegas?

There are multiple ways in which injured pedestrian accident victims are compensated for their injuries in Las Vegas. The first is by filing a claim with the insurance company. No matter who is liable for your injuries, chances are, they are being represented by some type of insurance provider. Unfortunately, as previously mentioned, dealing with the insurance company is rarely easy. 

Even in cases where you are able to get the insurance company to settle your case, it may be for far less than you deserve. Remember, insurance companies are only required to pay out up to the limits of their policyholders policy. For example, if the liable party only carried $25,000 in bodily injury liability coverage, but your medical expenses amounted to more than $100,000, the insurance company will only be obligated to pay you up to $25,000.

For this reason, many pedestrian and auto accident victims find it necessary to bring their case to court where they can be compensated for all of their losses. What is more, the insurance company generally only provides compensation for certain types of economic damages. 

And you have the right to be made whole. In order to get the most out of your case and be awarded compensation for both your economic and non-economic damages, you may need to bring your case to Las Vegas civil courts.

Economic and Non-Economic Damages

Economic and non-economic damages are also commonly referred to as compensatory damages. These include all of the ways that your life has been affected by your pedestrian accident injuries. In order to ensure that every loss is accounted for, your attorney may need to break up your damages into these two separate categories of economic and non-economic damages. 

Economic damages consist of your financially-based losses. Every hospital bill you receive, your lost income, and other monetary losses may all be recoverable in your case. Some of the more common types of economic damages that people seek in pedestrian accident claims include:

  • Costs of increased insurance premiums
  • Loss of household services
  • Diminished earning capacity
  • Current medical bills
  • Future medical expenses and equipment
  • Property damages

But you also have the right to be compensated for your non-economic losses. These include all of the ways that your life has been affected by your injuries that do not involve money. Many pedestrians are surprised at the various damages they can recover as part of their case. 

For example, some of the more commonly awarded non-economic damages in Las Vegas pedestrian accident lawsuits include:

  • Loss of consortium
  • Loss of enjoyment of life
  • Scarring
  • Disfigurement
  • Emotional distress
  • Inconvenience
  • Reputational damage
  • Physical pain and suffering

These are only a few of the different losses that you could recover as part of your pedestrian accident case. Your attorney will need to carefully examine your losses in detail in order to ensure that no loss goes on accounted for.

Punitive Damages

It is not uncommon for pedestrian accident victims to wonder whether they can be awarded punitive damages in their case. There are many misconceptions surrounding punitive damages and when they are awarded. 

Punitive damages, also known as exemplary damages, are awarded by the courts. They are not damages that you are entitled to. Instead, the court system uses them as a way to impose further punishment on the liable party. 

With that being said, punitive damages are not awarded lightly, nor are they awarded often. In order for the courts to determine that an award of punitive damages is necessary and appropriate, they need to find that the actions of the liable party were egregious or reprehensible in some way. 

If this is true for your case, then the court may decide to send a message to the public that the actions of the defendant will not be tolerated by the court system and award you punitive damages accordingly. 

Statute of Limitations for Pedestrian Accidents in Las Vegas

As you are preparing to pursue compensation for your pedestrian accident injuries in civil court, you need to be aware of the Nevada statute of limitations. This law sets the amount of time that pedestrian accident victims and other victims of personal injuries have to file their lawsuits within the civil court system. 

Failure to file your lawsuit before the statute of limitation deadline has expired will result in the dismissal of your case. The statute of limitations for Las Vegas pedestrian accidents is two years. 

This may seem like more than enough time to build a strong case against the liable party, but if you hope to maximize the likelihood of a recovery in your case, you need to be prepared to get your personal injury attorney started on your claim as soon as possible. Do not risk letting a deadline like this impact your ability to get justice for your suffering.

Las Vegas Pedestrian Accident FAQ

After you have suffered critical injuries in a pedestrian accident, you may have countless questions surrounding what to expect next from your case and how to get the most out of your claim. 

In the hopes of helping better prepare you for what is to come, we have answered some of the more common questions our clients have had surrounding their Las Vegas pedestrian accident claims below. 

If you have additional questions that were not answered on this page, be sure to reach out to our office so that we can further discuss your specific questions and concerns.

Which intersections and areas are most dangerous in Las Vegas?

The city of Las Vegas is bustling, and that means that there are many areas and intersections that are dangerous for pedestrians and drivers alike. Boulder Highway in particular has been known for producing multiple pedestrian accidents annually. 

Some of the more common intersections that are known for being dangerous include:

  • I-215 and I-15
  • Flamingo Road and Pecos Road
  • South Rainbow Boulevard and West Charleston Boulevard
  • West Sahara Avenue and South Decatur Boulevard
  • Nellis Boulevard at Boulder Highway

Pedestrians may find that parking lots, private streets, gated communities, and areas with poor lighting or lack of crosswalks are far more dangerous to walk through than others. When walking in Las Vegas, particularly if you are going to be on the Strip, make sure you take these concerns into consideration.

Will I have to go to court?

It is possible that your case will need to go to court. Every injury victim’s case is different. For some, they may be able to recover a fair and reasonable injury settlement by filing a claim with the insurance company. 

But for a number of different reasons, it may not always be possible to recover every single loss through the insurer. When this happens, you should always be prepared to bring your case before a judge. This may be the best way for you and your family to recover the damages that are rightfully yours.

Can I file a claim on behalf of my injured child?

Yes. As the parent or legal guardian of a minor child who was injured in a pedestrian accident, you have the right to take legal action on their behalf. 

Being a minor does not change the child’s right to financial compensation for suffering devastating injuries due to the negligence of another. It is up to you to be their biggest advocate for maximum compensation. 

Meet With a Pedestrian Accident Attorney in Las Vegas Today

Have your pedestrian accident injuries turned your world upside down? Are you having trouble coping emotionally, physically, and financially as a result of your injuries? Get justice for what you have been through. Reach out to a reputable Las Vegas pedestrian accident lawyer at Gina Corena & Associates for help. 

Our law firm proudly offers no-cost, risk-free consultation to pedestrian accident survivors across Las Vegas and surrounding cities. Take advantage of this opportunity today. Call our office at (702) 680-1111 or complete our quick contact form to get started on your case.

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