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In 2017, the Nevada Department of Transportation reported a decrease in overall traffic deaths but an increase in pedestrian fatalities. There were 303 traffic fatalities in Nevada in 2017, down from 330 in 2016. However, pedestrian fatalities increased from 80 in 2016 to 99 in 2017. The largest increase was in Clark County with 21 more fatalities in 2017 than in 2016. Las Vegas is one of the most popular tourist destinations in the country and there is nearly constant foot traffic at all hours for most of the year. If you or a loved one suffered injuries as a pedestrian in Las Vegas, contact DiMarco| Araujo | Montevideo to schedule a free case evaluation with a Las Vegas pedestrian accident lawyer.
When a pedestrian accident occurs between a pedestrian and a driver, fault typically falls to the driver, because all drivers have a duty of care to prevent injuries to nearby pedestrians. However, it is possible and often likely that a driver will try to blame the pedestrian, claiming he or she crossed a street illegally, did not give the driver enough time to stop, or was otherwise negligent and responsible for the accident.
Our Nevada personal injury attorneys can help a plaintiff build a strong case, subpoena evidence like vehicle records and traffic camera data, and coordinate expert witness testimony to support a client’s case. A pedestrian accident may also involve auto insurance claims and medical insurance claims, and an attorney can help a client navigate the claims process and manage personal affairs through the duration of a lawsuit.
When a driver strikes a pedestrian, the most common defenses include claiming the driver did not have time or space to stop or that the pedestrian crossed the street illegally. Since drivers have a higher duty of care on the road than pedestrians, fault will still fall to the driver if either case is true, however, the amount of liability the pedestrian bears can potentially impact the plaintiff’s recovery.
For example, if a driver sped through a red light and hit a pedestrian who was crossing legally, the driver would be clearly liable for the accident. However, if a pedestrian jaywalks and darts into the road between parked cars, a passing driver may be unable to stop in time to avoid hitting the jaywalking pedestrian. In the latter example, the pedestrian would likely bear liability for the accident. Under Nevada’s comparative negligence law, the plaintiff cannot recover damages if his or her fault exceeds the defendant’s. If the plaintiff is at fault, but less so than the defendant, the plaintiff loses a portion of the case award in proportion to his or her fault.
A pedestrian who suffers severe injuries may incur significant medical expenses, lost income from time spent in recovery and out of work, and experience physical pain and psychological suffering after a pedestrian accident. Even if a pedestrian absorbs partial fault, the recovery amount for the average pedestrian accident case is substantial, and an attorney can help minimize an injured pedestrian’s liability for such an accident. Contact DiMarco| Araujo | Montevideo today at (702) 466-1492 to schedule a free case evaluation with a Las Vegas pedestrian accident attorney.