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From 2015 to 2019, the number of pedestrian fatalities in Nevada increased, according to the Nevada Department of Transportation. During those years, there were 378 pedestrian fatalities and 368 fatal crashes. This accounted for 23.6 percent of Nevada’s total fatalities. Most fatal pedestrian accidents happen on urban roads, with Clark County reporting the most.
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 claim. A pedestrian accident may also involve auto insurance claims and medical insurance claims, and lawyers can help a client navigate the claims process and manage personal affairs through the duration of a lawsuit.
Data from the state of Nevada indicates that approximately 24% of total traffic fatalities are the result of pedestrian crashes. Data shows that, from 2015 to 2019, the total number of pedestrian fatalities generally increased. The largest percentage of fatal pedestrian crashes occurred on urban roadways in the state.
Pedestrian accidents often lead to major injuries, injuries that are much more severe than those associated with incidents involving two vehicles. Pedestrians do not have protection from the force of a much heavier vehicle slamming into them, and they often sustain a secondary impact with ground that causes further injury.
Some of the serious or catastrophic injuries that regularly occur with pedestrian accidents in Las Vegas include the following:
In addition to these traumatic injuries that regularly occur after a pedestrian collision, we should remain cognizant of the emotional and psychological trauma associated with the incident. Pedestrian crash victims in Las Vegas may experience long-lasting symptoms of stress, anxiety, and fear, and possibly even symptoms of post-traumatic stress disorder (PTSD).
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 a lawyer 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.
There may be various types of compensation available to injured pedestrians in these circumstances. This includes, but is not limited to, the following:
There is enough compensation paid to pedestrian accident victims in Las Vegas if their claim against another party is successful. Rather, there are several factors that can influence the settlement amount. Some of these factors include the overall severity of the injury as well as how long it takes a person to recover. Whether or not a person sustains a disability can also affect how much compensation they receive, as can allegations of shared fault.
We encourage you to speak to your Las Vegas pedestrian accident lawyer about how much compensation you can expect. There’s no way to definitively put a dollar amount on the case upfront, but an experienced attorney may be able to give you a ballpark estimate.
Pedestrian accident victims in Las Vegas have a limited amount of time to file their claims against an allegedly negligent party. The personal injury statute of limitations in Nevada says that individuals have two years with which to file a lawsuit against the other party. Failing to file a lawsuit within this time frame will likely result in the case being dismissed, leading to the accident victim becoming unable to recover any compensation for their losses.
In addition to the personal injury statute of limitations, pedestrian accident victims should file their claims as promptly as possible in order to meet internal insurance carrier deadlines. Insurance carriers are notoriously hard to deal with after these incidents occur, and they often have vague deadlines that individuals are not aware of. By filing your claim as promptly as possible, you give the insurance carrier one less reason to delay or deny the case.
If you have any questions or are confused about the filing deadlines for your particular situation, we encourage you to contact your attorney soon. Your lawyer can get to work filing the claims with the appropriate court or insurance carrier.
Affording an attorney may seem like a daunting task, but it does not have to be. Our team proudly handles pedestrian accident claims in Las Vegas on a contingency fee basis. This ensures that we only collect legal fees after we win the case and secure compensation for our client. We handle all upfront and out-of-pocket costs related to the case, and if we do not win the claim, our client pays us absolutely nothing.
If you or someone you care about has sustained a pedestrian accident injury caused by the negligent actions of another individual in the Las Vegas area, you need to reach out to an attorney as soon as possible. At DiMarco| Araujo | Montevideo, We have the resources needed to handle every aspect of your claim. We know what it takes to stand up to aggressive insurance carriers, and we will negotiate vigorously on your behalf. If necessary, our team will not hesitate to take your pedestrian accident case to trial.
With an attorney by your side, you will have a better chance of recovering compensation for your losses. Contact DiMarco| Araujo | Montevideo today at (702) 466-1492 to schedule a free case evaluation with a Las Vegas pedestrian accident attorney.