Pedestrian accidents typically leave their victims feeling scared, uncertain, maybe even angry. It can turn your world upside down in a matter of seconds. We know how overwhelming this can feel – but you are not alone.
Las Vegas experiences thousands of pedestrian accidents and fatalities each year. Most of these pedestrian accidents are caused by some degree of negligence, either by action or inaction. If you have injuries from a pedestrian accident caused by another person’s lack of care, you may be able to hold them liable for your damages and losses. That is where the help of an experience personal injury attorney comes in.
We’ve stood by countless Las Vegas residents and tourists just like you. With Jack Bernstein’s 40 years of legal experience, we’re committed to fighting for the compensation you deserve, so you can focus on what matters – healing.
Understanding Fault and Liability in Las Vegas Pedestrian Accidents
Determining who is responsible for your injuries after a pedestrian accident is crucial for getting the compensation you deserve. Nevada law has specific rules for pedestrians and drivers, and understanding these can help you build a strong case.
Nevada’s Pedestrian Laws
- Right-of-Way: Pedestrians generally have the right-of-way in marked crosswalks and unmarked crosswalks at intersections. This means drivers are legally obligated to yield to pedestrians who are crossing the street.
- Driver Responsibilities: Drivers must always be vigilant and take precautions to avoid hitting pedestrians. This includes yielding to pedestrians in crosswalks, not driving under the influence, and avoiding any actions that could endanger pedestrians.
- Pedestrian Responsibilities: While pedestrians have the right-of-way in many situations, they also have a responsibility to follow traffic laws. This means obeying traffic signals, using crosswalks when available, and not suddenly stepping out into the street.
Jaywalking: If a pedestrian crosses the street outside of a marked crosswalk or intersection, it’s called “jaywalking.” This can impact liability in an accident. While jaywalking doesn’t automatically absolve a driver of responsibility, it could reduce the amount of compensation you receive if you are found partially at fault.
Understanding Your Rights and Compensation After a Las Vegas Pedestrian Accident
A pedestrian accident happens when an individual – walking, running, jogging, or hiking – is struck by a motorized vehicle. Whether it happens in a crosswalk, on a sidewalk, or the side of the road, the impact is often significant.
Failure to Yield to Pedestrians in Nevada
This is a serious traffic offense. Drivers who fail to yield to pedestrians can face fines, license suspension, or even jail time.
If a driver’s failure to yield caused your accident, it strengthens your case significantly.
Nevada’s Comparative Negligence Law
Nevada follows a “comparative negligence” system. This means that even if you were partially at fault for the accident, you may still be able to recover damages as long as you are less than 50% responsible. However, your compensation will be reduced based on your degree of fault.
What to Do if You’ve Been in a Pedestrian Accident
Experiencing a pedestrian accident can be a frightening and confusing event. As such, knowing what steps to take immediately following the accident can be critical in helping secure the compensation you deserve.
- Seek Immediate Medical Attention:
Your health is paramount. Regardless of whether your injuries seem minor or severe, seek medical help immediately. A medical professional will not only treat your injuries but will also create medical records that can serve as crucial evidence in your claim. - Document the Scene:
If you can, take photos or videos of the accident scene. This might include the vehicle involved, your injuries, the surrounding area, and any property damage. - Witness Information:
Gather contact information from any witnesses at the scene. They can provide key statements to corroborate your account of the accident. - Police Report:
Ensure that a police report is filed. This official documentation provides a formal account of the incident, which can be essential in your claim. - Insurance Communication:
Be aware that the driver’s insurance company may contact you soon after the accident. It’s crucial to let all communication pass through your attorney to avoid any statements that could potentially harm your case.
Common Causes of Pedestrian Accidents
These accidents often stem from driver negligence, such as:
- Distracted Driving: Texting, talking on the phone, or any activity that takes a driver’s eyes off the road is incredibly dangerous, especially in a city with lots of foot traffic.
- Speeding: Speeding reduces a driver’s reaction time, making it harder to stop in time to avoid hitting a pedestrian.
- Impaired Driving: Alcohol and drugs impair judgment, coordination, and reaction time, putting pedestrians at severe risk.
- High-Traffic Challenges: The Strip, downtown, and other busy areas pose unique risks for pedestrians due to crowds, traffic congestion, and drivers who might be unfamiliar with the area.
Unfortunately, pedestrians are exceptionally vulnerable in such scenarios, having little to no protection against the impact of a vehicle.
Specific Challenges in Las Vegas
- High Pedestrian Traffic in Tourist Areas: The Strip and other popular tourist destinations have heavy foot traffic, increasing the risk of accidents.
- Distracted Tourists and Drivers: Tourists may be unfamiliar with local traffic laws and may not be paying attention to their surroundings, posing a hazard to both pedestrians and drivers.
- Complex Intersections: Las Vegas has many complex intersections with multiple lanes and turning options, making it more challenging for drivers to notice pedestrians.
- Fast-Moving Traffic: High speeds on major roads leave pedestrians with less time to react and can lead to more severe injuries.
Determining Fault
Determining fault in a pedestrian accident requires a thorough investigation. This involves examining:
- Police reports: The police report documents the officer’s observations and conclusions about the accident.
- Photos and videos: Visual evidence can be crucial in showing how the accident occurred.
- Witness statements: Eyewitness accounts can provide valuable information about the events leading up to the accident.
- Traffic laws: Understanding the applicable traffic laws is essential for determining if either party violated any rules.
An experienced Las Vegas pedestrian accident attorney can help you gather and analyze this evidence to build a strong case and fight for your rights.
Common Pedestrian Injuries and Long-Term Costs:
Being struck by a vehicle can result in a wide range of injuries, some immediately apparent and others that may develop over time. The force of impact can cause severe trauma to the body, even at seemingly low speeds.
Injuries resulting from pedestrian accidents can vary from minor to severe, such as:
- Broken bones: These can require surgery, lengthy rehabilitation, and sometimes leave lasting limitations.
- Traumatic brain injuries (TBI): Even mild TBIs can have long-term effects on cognitive function and personality.
- Spinal cord injuries: These can result in partial or complete paralysis, requiring extensive medical care and lifestyle adjustments.
- Fatalities: In the most tragic scenarios, the accident can lead to loss of life
- Internal Injuries: Internal bleeding or organ damage can occur even without visible external injuries. These are life-threatening and require immediate medical attention.
- Soft Tissue Injuries (Sprains, Strains): Ligament and muscle damage can cause pain, limited mobility, and require extensive rehabilitation.
- Lacerations and Abrasions (Road Rash): These injuries may seem superficial, but they can be painful, prone to infection, and lead to scarring.
Even a low-speed impact can inflict serious harm due to the stark size and weight difference between a vehicle and a pedestrian. Alongside physical injuries, victims often suffer from emotional trauma and distress, impacting their mental health and overall quality of life.
The Importance of Prompt Medical Attention
Seeking immediate medical attention after a pedestrian accident is crucial, even if you don’t feel seriously injured. Some injuries, like internal bleeding or brain trauma, might not have obvious symptoms at first.
A thorough medical evaluation is necessary for:
- Accurate Diagnosis: Doctors can identify all injuries, even those that may not be immediately apparent.
- Proper Treatment: Early treatment can significantly improve your chances of a full recovery and minimize long-term complications.
- Documentation for Your Claim: Medical records are essential evidence in a personal injury claim. They document your injuries, treatment, and associated costs, strengthening your case for compensation.
Long-Term Consequences
Many pedestrian accident injuries can have lasting consequences, including:
- Chronic Pain: Some injuries can cause ongoing pain that requires long-term management.
- Disability: Severe injuries may lead to permanent disability, impacting your ability to work and enjoy life.
- Need for Ongoing Care: Certain injuries require ongoing medical treatment, therapy, or rehabilitation.
Beyond the physical impact, severe injuries can also have a significant emotional and psychological toll, leading to conditions like post-traumatic stress disorder (PTSD) and depression.
Are You Be Entitled to Compensation?
As a victim of a pedestrian accident, you may be entitled to various types of compensation, including:
- Medical Bills: Costs related to emergency room visits, hospital stays, surgeries, and future medical care.
- Lost Wages: Compensation for the income you lost due to the accident and any decreased earning capacity.
- Pain and Suffering: This is compensation for the physical pain and emotional distress caused by your injuries.
- Loss of Enjoyment: Compensation for the decrease in your quality of life or inability to participate in activities you once enjoyed.
The amount of compensation you receive can be influenced by the shared fault rule. If you’re found to be partially at fault for the accident, it could reduce your compensation by the percentage of your fault.
A skilled pedestrian attorney like the ones at Jack Bernstein Injury Lawyers work relentlessly to present a compelling case on your behalf, aiming to secure the highest possible compensation.
Don’t Delay: Nevada’s Time Limits
The statute of limitations for filing a personal injury claim in Nevada is generally two years from the date of the accident.
It’s crucial to seek legal help as soon as possible. The sooner you start, the more time your lawyer has to build a strong case and protect your rights.
At Jack Bernstein Injury Lawyers, our commitment is to provide our clients with all-around support, helping them navigate the legal intricacies of pedestrian accidents. We’re prepared to protect your rights and fight for the justice you deserve.
Dealing with Insurance Companies After a Pedestrian Accident
While insurance companies are supposed to protect you, their adjusters often prioritize their company’s financial interests. This means they might use tactics to reduce or deny your claim.
Insurance Companies and Their Tactics
- Lowball Settlements: They may try to quickly offer you a settlement that seems appealing but is far less than what your case is actually worth.
- Shifting Blame: Adjusters might try to argue that you were partially or entirely at fault for the accident, even if the evidence suggests otherwise.
- Delaying the Claims Process: They might drag out the process by requesting additional documentation or delaying responses to your inquiries, hoping you’ll settle for less out of frustration.
- Excessive Documentation Requests: Some insurance companies may ask for unnecessary documentation, making the process more complicated and time-consuming for you.
Nevada’s Insurance Requirements
- Minimum Liability Insurance: Nevada law requires drivers to carry a minimum amount of liability insurance to cover injuries and property damage caused to others in an accident. This insurance should cover your damages if you were hit by a car as a pedestrian.
- Uninsured/Underinsured Motorist Coverage (UM/UIM): This type of coverage protects you if the driver who hit you is uninsured or doesn’t have enough insurance to cover your damages. It’s essential for all drivers and pedestrians to carry UM/UIM coverage on their own insurance policy.
Why You Need a Lawyer
Navigating the insurance claim process can be overwhelming, especially while dealing with injuries and recovery. An experienced Las Vegas pedestrian accident attorney can:
- Protect Your Rights: Your attorney will ensure that your rights are protected and that the insurance company treats you fairly.
- Negotiate with Insurance Companies: They will handle all communication and negotiation with the insurance adjuster, using their legal knowledge and experience to advocate for your best interests.
- Maximize Your Compensation: Your attorney will fight to get you the full compensation you deserve, including medical expenses, lost wages, pain and suffering, and other damages.
- Contingency Fees: Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay unless they win your case. This eliminates financial risk and ensures access to legal representation for everyone.
How a Las Vegas Pedestrian Accident Attorney Can Help
While you may feel capable of handling your case independently, an experienced pedestrian accident attorney can provide invaluable support throughout the complex legal process. Their specialized knowledge and skills can significantly impact the outcome of your claim.
Legal Expertise
- Nevada’s Pedestrian Laws: A skilled attorney understands the intricacies of Nevada’s pedestrian laws, including right-of-way rules, crosswalk regulations, and liability in cases involving jaywalking. This knowledge is essential to determine fault and build a strong legal argument.
- Local Court Procedures: Each jurisdiction has its unique court procedures and rules. An attorney familiar with Las Vegas courts can navigate the legal system efficiently and ensure your case is handled properly.
- Identifying Liable Parties: Determining liability can be complex. An attorney can investigate all potential liable parties, such as the driver, the vehicle’s owner, or even the city if hazardous road conditions contributed to the accident.
Investigation and Evidence Gathering
- Thorough Investigation: An attorney will conduct a comprehensive investigation of your accident, gathering evidence from various sources to build a compelling case.
- Evidence Collection: This includes obtaining police reports, witness statements, photos and videos of the accident scene, medical records, and any other relevant documentation.
- Expert Consultation: If needed, an attorney will consult with accident reconstruction experts and medical professionals to provide expert testimony and strengthen your claim.
Negotiation and Litigation
- Skilled Negotiation: Insurance companies are notorious for trying to minimize payouts. A skilled attorney will negotiate aggressively on your behalf to ensure you receive fair compensation.
- Litigation Representation: If a fair settlement cannot be reached, your attorney will represent you in court, presenting your case convincingly and advocating for your rights.
Protecting Your Rights For Over 40 Years.
Why Hire Jack Bernstein Injury Lawyers?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 Years.
What Our Clients Say
40 Years of Experience Fighting for Injured Pedestrians
- Jack Bernstein has spent decades successfully representing pedestrians injured in accidents.
- His deep understanding of Nevada laws and the complexities of pedestrian cases is a valuable asset to have on your side.
Experience with Las Vegas Pedestrian Cases
- Jack knows the ins and outs of Las Vegas-specific challenges, from navigating busy tourist areas to dealing with complex insurance claims.
- He has a proven track record of success in cases involving hit-and-runs, failure-to-yield, and severe or life-altering injuries.
We Put YOU First: Compassionate Support and Guidance
- We get it – a pedestrian accident shakes your whole world. We’re not just lawyers; we’re committed to being your support system throughout this difficult time.
- Open communication and transparency are core values. Jack and his team will keep you informed about your case and guide you through each step.
No Fee Unless You Win: Your Case is Our Priority
- We work on a contingency fee basis. That means you don’t pay us a dime unless we win your case.
- This ensures everyone who walks through our doors has access to quality legal representation, regardless of their financial situation.
We’ll Fight for the Maximum Compensation You Deserve
- Insurance companies often try to lowball settlements. We know those tactics, and we won’t back down.
- Jack Bernstein is prepared to negotiate aggressively and, if necessary, take your case to trial to fight for the full and fair compensation you deserve.
Las Vegas Pedestrian Accident FAQs
Absolutely. Just because you are not a resident does not mean you are not eligible for justice and compensation. We are well versed in tourist claims.
Insurance companies often aim to minimize the amount they pay out. They might attempt to twist your words or rush you into accepting a lowball offer. It’s advisable to let all communication go through your attorney to protect your interests.
Yes. Health insurance may cover your medical costs, but it won’t compensate for lost wages, pain and suffering, and other damages you may be entitled to after a pedestrian accident.
While both involve motor vehicles, a pedestrian accident often results in more severe injuries due to the lack of protection. This can impact the compensation amount. Also, different laws and regulations may apply when pedestrians are involved.
In Nevada, you can still recover compensation if you’re less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
After ensuring your immediate medical needs are addressed, report the incident to the police. Then, reach out to your attorney. Even if the driver isn’t identified, there may be options for seeking compensation, such as through your own uninsured motorist coverage.
The duration of a case can vary greatly based on the specifics. Factors include the complexity of the case, the willingness of the parties to negotiate, and court schedules. Your attorney can give you a better estimate based on your situation.
Case value is determined by a combination of factors, including medical expenses, lost wages, future care needs, pain and suffering, and more. An experienced attorney can help you calculate a fair and comprehensive figure.
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Contact Us for a Free Consultation
If you or a loved one have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced personal injury lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your accident claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
Why Choose Jack Bernstein to Represent your Case?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 Years. Since 1983, Jack Bernstein has a proven track record of successfully representing clients in injury and accident cases recovering millions of dollars in verdict and settlements.
Jack Bernstein Injury Lawyers have the knowledge, experience, and resources to handle even the most complex personal injury cases in Nevada. Jack Bernstein is personally involved in every single case the firm manages.
