In bustling Las Vegas, pedestrian accidents are unfortunately a common occurrence. Understanding the nuances of a pedestrian accident in this vibrant city is crucial, whether you’re a local, a tourist, or someone in between. Let’s delve into what constitutes a pedestrian accident in Las Vegas, the steps you should take if you’re involved in one, and how a Las Vegas personal injury lawyer can assist you.
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Understanding a Pedestrian Accident in Las Vegas
Defining a Pedestrian Accident in Nevada
A pedestrian accident in Las Vegas, and broadly in Nevada, happens when a motor vehicle collides with an individual not in a vehicle. Given the bustling streets of Las Vegas, these incidents can range from minor to severe. Pedestrians here include everyone from walkers and bicyclists to joggers and skateboarders along the Strip or downtown areas.
A pedestrian is anyone who is using roadways or walkways without a motor vehicle, like:
- Walkers
- Bicyclists
- Joggers
- Roller skaters
- Segway riders
- Skateboarders
Common Causes of Pedestrian Accidents in Las Vegas
The causes in our city often mirror national trends, including:
- Poorly designed intersections, particularly in older parts of Las Vegas
- Excessive speeding, a common issue on our fast-paced roads
- Reckless driving
- Rolling stops or failure to stop at an intersection
- Distractions, both for drivers and pedestrians, especially in entertainment areas
- Pedestrian negligence
- Drunk driving
Types of Pedestrian Accidents: Understanding Fault in Nevada
Las Vegas sees two main types: accidents where the pedestrian is at fault, and those where the vehicle driver is responsible. In cases where the pedestrian is partially at fault, Nevada’s comparative fault rules come into play, impacting compensation.
Pedestrian Vehicle Accident
A pedestrian vehicle accident occurs when the pedestrian is at fault. These types of pedestrian accidents are less common, but there are certain scenarios in which the pedestrian can be found responsible.
These situations could include:
- A pedestrian crossing the road illegally
- A pedestrian walking where foot traffic is forbidden
- A pedestrian ignoring traffic signals
If the pedestrian is found only partially at fault in Nevada, they can still take legal action for compensation, but they may not be awarded as much. The exception to this is if the pedestrian’s fault exceeds the driver’s. In this case, the pedestrian may not be awarded with anything.
Pedestrian Struck by Vehicle
This type of accident is when the driver of the motor vehicle is at fault. Drivers are found at fault for the accident when they are driving with negligence and not performing their duty to keep pedestrians safe.
Some common situations in which a driver shows negligence include:
- A driver runs a red light or stop sign
- A driver fails to see or yield to a pedestrian on a crosswalk
- A driver fails to slow or stop within a reasonable time before hitting a pedestrian who is crossing a highway where foot traffic is permitted
- A driver goes too fast in a parking lot or fails to yield to pedestrians in a parking lot
Steps to Take Following a Pedestrian Accident
Prioritize Safety
The first step is to immediately get any injured people to a place of safety and call the necessary emergency services to get them to help. Don’t attempt to administer medical treatment unless you have proper training.
Report the Incident
Next, call the police and report the accident. That way, there will be a record of the accident and the details involved for later if you choose to take legal action.
Document Everything
Along with the police report, take pictures of the damages, injuries, and the entire scene for future reference. If there are any witnesses, get their contact information, as their testimonial may be necessary if legal action is taken.
Seeking Medical and Legal Help in Las Vegas
Even if you’re not sure you’re injured, it’s essential to seek medical attention. Your injuries may not be visible at first or could be internal. Additionally, having a medical report of your injuries will be helpful in determining compensation.
Your Legal Rights after a Pedestrian Accident in Las Vegas
The Right to Compensation
When injured in an accident, pedestrians reserve the right to be potentially compensated. There are a variety of types of compensation to consider.
Medical Bills
Medical expenses due to the accident, including future expenses, can be recovered. This includes:
- Hospitalization
- Surgery
- Visits to the doctor
- Physical therapy
- Rehabilitation
- Prescription medications
Lost Wages
Wages lost due to missing time at work for your injury, as well as future lost earnings and reduced earning capacity, can be recovered.
Property Damage
Damage done to your property during the accident can be recovered.
This can include your:
- Phone
- Clothes
- Bicycle
- Other property on you at the time of the accident
Pain and Suffering
The compensation for pain and suffering can be difficult to quantify, but you can recover damages for:
- Physical pain
- Emotional trauma
- Mental anguish
- Any reason that your quality of life is reduced after the accident
Wrongful Death
If a loved one is killed in a pedestrian accident, then compensation can be recovered for:
- Funeral expenses
- Medical bills
- Lost wages
- Property damage
- Many other losses
Understanding Comparative Fault
Nevada is a comparative fault state, which means that fault can be placed on both parties in different amounts. The victim will receive compensation based on their amount of relative responsibility. However, if the pedestrian is 51% more at fault, they will likely not receive any compensation.
Statute of Limitations
The statute of limitations for a pedestrian accident in Nevada is two years. Any legal attempt to recover damages must be filed within two years of the incident. If this time limit has passed, it’s likely that the court won’t hear your case.
The Critical Role of a Las Vegas Personal Injury Lawyer
Why You Should Consider Hiring a Lawyer
Navigating a pedestrian accident in Las Vegas can be complex. A lawyer will have the knowledge and experience to make the process as stress-free as possible while maximizing your potential compensation.
How Lawyers Help Build a Strong Case
There are a myriad of benefits to hiring a lawyer.
They will use their expertise to:
- Investigate your accident
- Help you seek medical treatment
- Support the value of your damages with evidence
- Communicate with insurance companies
- File a lawsuit
- Represent you in court if necessary
Naqvi Injury Law: Your Advocate in Las Vegas Pedestrian Accidents
Our team at Naqvi Injury Law, recognized among the top lawyers in the nation, is well-versed in Las Vegas pedestrian accidents. We guide you through each step, ensuring you receive the compensation you deserve.
Ready to Discuss Your Case?
If you’re facing the aftermath of a pedestrian accident in Las Vegas, reach out to us at Naqvi Injury Law. Schedule your free consultation today to explore your legal options in Las Vegas.
Naqvi Injury Law is home to the “top one percent” of attorneys recognized by The National Association of Distinguished Council. You can be sure that we are completely determined to provide you with the support you need and the results that you deserve.