Las Vegas Pedestrian Accident Attorney
From the famed ‘Welcome to Las Vegas’ sign to the city’s suburbs and historic downtown, Las Vegas has alluring outdoors for tourists and locals to explore on foot. Despite these great outdoors and efforts to make the city pedestrian-friendly, pedestrian accidents still occur. Unlike other road users, including motorists, bicyclists, and motorcyclists, pedestrians have zero protection in case of an accident.
In 2017 and according to the Centers for Disease Control and Prevention (CDC), over 137,000 pedestrians visited the emergency rooms across the United States following a traffic accident. In the same year, approximately 6,000 people died in pedestrian accidents across the U.S, 100 of which were from Nevada. Nevada is among the top states in pedestrian fatalities.
While a pedestrian accident can occur in many places, most occur at intersections where negligent drivers hit pedestrians. Pedestrian accidents are often devastating considering pedestrians have zero protection against the forceful impact of a car. These accidents usually leave victims with serious and life-threatening injuries or death. With negligent drivers at fault for most pedestrian accidents, Nevada law entitles victims to compensation.
If you are or a loved one is a victim of a Las Vegas pedestrian accident, we are here for you. Our well-qualified and experienced Las Vegas pedestrian accident attorneys at Heidari Law Group will fight for your rights while helping you get fair compensation. We will also help you recover damages for the wrongful death of a loved one.
Nevada Law and Pedestrian Accidents
In Las Vegas and across Nevada, pedestrians have the right of way at crosswalks whether marked or not. Under Nevada Statute (NRS) 484B.287, pedestrians on crosswalks or obeying a traffic signal at an intersection have the right-of-way, and motorists should yield to them while crossing the street. Even where a pedestrian fails to obey a crosswalk signal, motorists should yield right-of-way if doing so will help avoid an accident.
According to NRS 484B.283, motorists must not pass another vehicle that has stopped or slowed down for pedestrians to cross the street. These and other Nevada laws protect pedestrians, and motorists may be held liable for violating them. However, pedestrians do not always have the right of way on crosswalks and cannot recover damages for every accident.
For instance, a pedestrian does not have the right of way if they were to suddenly dart into the path of a vehicle making it impossible for the driver to brake in time to avoid hitting them. Essentially, the law requires pedestrians to obey traffic rules, including walking on sidewalks, crossing in designated places, and not walking too close to moving vehicles.
Even though drivers have a higher duty of care and the law expects them to be extra careful to avoid hitting pedestrians at all times, pedestrians have a responsibility for their safety as well. Accordingly, there are many factors that the court considers when determining fault that can complicate a pedestrian accident claim. It is therefore essential to consult a skilled pedestrian accident lawyer for your case.
Common Causes of Pedestrian Accidents
There are instances where pedestrians are at fault for accidents, including utilizing crosswalks or designated crossing places and failing to observe traffic signals. Pedestrians may also be hit by a car when distracted by their phone, either talking/texting or on earphones. Children who cross the streets unattended also risk being hit by motor vehicles.
However, negligent drivers are at fault for a vast majority of pedestrian accidents. Some of the most common causes of pedestrian accidents in Las Vegas include:
- Negligent driving. Drivers who engage in reckless acts on the road endanger the lives of other road users, including pedestrians. For instance, an over-speeding driver will not have enough time to slow down or stop when about to hit a pedestrian. Drivers who fail to give pedestrians the right of way at intersections and crosswalks also endanger the pedestrians’ lives. Unfortunately, some drivers ignore school crossing signs and end up hitting children near schools.
- Drunk driving. Despite strict DUI laws, drunk driving is a major problem in Las Vegas, and with impaired judgment, drunk drivers pose a danger to other road users, including pedestrians.
- Distracted driving. This includes using the phone, eating, drinking, or operating the radio while driving. Distracted driving increases the likelihood of the unfocused driver hitting pedestrians.
- Driver fatigue. Like distracted drivers, fatigued drivers are unfocused and might fail to see pedestrians at crosswalks and intersections and end up hitting them. Fatigued driving may be due to several reasons, including lack of sleep and use of stimulants.
Common Pedestrian Accident Injuries
Pedestrian accidents are mostly horrific and leave victims with severe or catastrophic injuries. Some of the most common pedestrian accident injuries include:
- Traumatic brain and head injuries
- Neck injuries
- Facial injuries
- Dental injuries
- Spinal cord injuries
- Fractures, sprains, and broken bones
- Road rash
- Cuts and bruises
Pedestrian accidents may also be fatal. Additionally, victims may also suffer emotional trauma, including anxiety and PTSD.
Recovering Damages in a Pedestrian Accident
Some recoverable damages in a pedestrian accident due to a driver or another’s negligence include medical expenses, rehabilitation costs, lost wages, lost earning capacity, and pain and suffering. However, like other personal injury claims, you must prove that:
- the driver/defendant owed you a duty of care, and
- through their actions or acts of omission, they breached that duty of care, and
- the breach of duty was the direct cause of your physical injuries and other damages
Recovering damages in a Las Vegas pedestrian accident is not always easy, especially with legal concepts like comparative fault, where the pedestrian may be partially at fault for the accident.
Why You Need a Pedestrian Accident Lawyer
While pedestrian accident claims can be complex, a pedestrian accident lawyer can guide you through the legal process and help you recover fair compensation. A skilled pedestrian attorney will investigate and help determine who is at fault for the accident. The lawyer will also negotiate with insurance companies on your behalf. If necessary, they will also file a personal injury lawsuit. The lawyer will also advise you on your legal options and rights.
Contact a Las Vegas Pedestrian Accident Attorney
Negligent drivers are legally liable for most pedestrian accidents, and while the law entitles victims to compensation, the damage recovery process is often complex. Pedestrian accidents are horrific, and the complexity of the process only adds to the stress. However, a skilled and experienced pedestrian accident attorney can help. If you are in Las Vegas, and you or a loved one is a victim of a pedestrian accident, we are here for you. Our well-qualified Las Vegas pedestrian accident attorneys at Heidari Law Group have broad experience handling cases like yours. We are committed to guiding you through the often complex legal process while helping obtain the compensation you need and deserve. Contact us for a free consultation and to learn more about our services.
Get a Free Consultation
If you need a personal injury attorney with a history of success, good communication at all stages of your case, and who will help you manage and settle your case call Abogados Con Experiencia. We will handle your case so that you can heal and put your life back together.
Are we a good fit?
- Have you suffered injuries in an accident that was caused by someone else?
- Does the person who is responsible for these damages have insurance?
- Were there significant injuries that caused hospital visits or missed work?
- Did the accident happen within the last 24 months?
If you answered YES to ALL of the questions, Abogados Con Experiencia may be a good option. Contact us today for a free case evaluation. Our team will lay out your options and answer all of your questions regarding your potential case. It is our job to determine how to best protect your rights and minimize the impact of an injury caused by another’s carelessness thus giving you the ability to focus on recovery.