Pedestrian accidents are among the most dangerous of all traffic accidents. Pedestrians do not have the protection of a vehicle. Even motorcyclists and bicyclists have something around them to absorb the impact of a crash. Pedestrian accidents occur for various reasons, most of which stem from dangerous driving behaviors.
If you or a loved one has been injured in a pedestrian accident, recovering compensation from the liable party can be critical. At Pacific West Injury Law, our team of pedestrian accident attorneys in Henderson has the experience needed to help get you the money you need after an accident.
Common Pedestrian Accident Causes
Many situations can lead to a pedestrian accident. Examples of the most common causes of pedestrian accidents include:
- Distracted driving: Distracted drivers often fail to notice when a dangerous situation is developing. Even if they recognize the danger before the crash occurs, it is often too late to avoid the collision.
- Driving under the influence: Intoxicated driving reduces the likelihood a driver can appropriately respond to a pedestrian.
- Speeding: Driving at unsafe speeds makes it difficult to control vehicles when pedestrians are present.
- Failing to obey traffic control devices: Ignoring traffic signals leads to dangerous accidents at crosswalks and intersections.
- Failing to yield the right of way: Failing to yield to pedestrians in uncontrolled intersections also leads to dangerous pedestrian accidents.
Establishing Liability For A Pedestrian Accident
After a Henderson pedestrian accident, investigators, lawyers, and insurance companies will establish liability. As a general rule, the party who caused the accident is liable for property damage and damages related to accident injuries. However, sometimes more than one party shares liability.
Your attorney will review the facts of your case, determine liability, and advise you on whether you have a viable claim for your pedestrian accident injuries.
Winning your pedestrian accident injury claim requires that you prove the party who caused your injuries was negligent. Motorists have an elevated duty of care towards pedestrians, making it far easier to prove negligence when a pedestrian suffers injuries.
In the vast majority of situations, striking a pedestrian constitutes a breach of duty, one of the key elements of negligence.
It’s difficult for a driver to argue they did not cause harm, and it’s doubtful a pedestrian will walk away unscathed after a vehicle hits them.
Nevada Statute Of Limitations
Each state has laws that dictate how long a party has to bring a lawsuit against an allegedly liable driver or another party after injuries. Nevada’s statute of limitations for personal injury lawsuits, including those that involve a pedestrian accident, is two years.
Injured pedestrians must file a suit within two years from the date of their injury, or they risk missing out on the opportunity to recover damages related to their injuries.
Some situations provide grounds for the court to pause the statute of limitations time clock, but this is rare. Alternatively, some circumstances can result in a reduction in the length of time you have to file. An experienced pedestrian accident attorney can help ensure that your lawsuit is filed on time.
Pedestrian Accident Lawyers Work On A Contingency Fee Basis
People often fail to hire an attorney because they worry that they will not be able to afford to pay their fees. This is a valid concern with many types of lawyers. However, this should not dissuade you from hiring a pedestrian accident attorney. Like all personal injury attorneys, pedestrian accident lawyers typically charge their clients on a contingency fee basis.
Under this fee system, your lawyer will only collect a single fee for their services at the conclusion of your case. When you hire a pedestrian accident attorney, you will agree to pay them a fixed percentage of the money you recover from the at-fault party. This setup ties the financial fate of your attorney to your own.
If you recover substantial compensation from the liable party, your attorney will, in turn, get a significant payday. However, if you fail to recover compensation, your lawyer will not get paid for their services.
Our Pedestrian Accident Attorneys Can Help
If you’ve recently suffered injuries in a Henderson pedestrian accident, it’s likely you are overwhelmed with emotions. It’s normal to feel uncertain about your next steps.
The compassionate and experienced legal team at Pacific West Injury Law can help you fight for the compensation you deserve while you focus on healing from your injuries and finding a way to move forward in the aftermath of a pedestrian accident.
Filing Your Claim
When we meet with you to discuss your Henderson pedestrian accident and injuries, we evaluate your case. Our process involves gathering relevant facts to support your claim. Initially, we can help you file a claim with the at-fault driver’s insurance provider.
An adjuster will want to take your statement and might even ask to record you. We handle communications with the insurance company after filing a claim, so you do not have to worry about them trying to use your statement to devalue your claim.
Collecting Damages For Your Injuries
Suffering injuries in a pedestrian accident comes with various economic and non-economic costs, typically referred to as damages. Whether you reach a settlement with the insurance company or a jury rules in your favor, you can receive compensation for damages related to your injuries.
Examples of damages you might receive compensation for in your pedestrian accident injury claim include:
- Medical expenses, including ambulance service, emergency room treatment, surgery, doctor visits, x-rays, lab tests, and prescription medication
- Estimated future medical treatment costs if you suffer permanent injuries that require continued care and treatment
- Rehabilitation costs for specialized treatment with a physical therapist, occupational therapist, speech therapist, mental health specialist, or any other specialist that helps accident victims cope with the physical and emotional trauma of their accident and injuries
- Lost wages from missing work due to injuries, hospitalization, and recovery
- Estimated future lost wages if you suffered catastrophic injuries that prevent you from returning to work or seeking future employment
- Physical pain and suffering
- Emotional distress
- Loss of consortium
- Reduced quality of life
- Scarring and/or disfigurement
The above list is not exhaustive. An experienced pedestrian accident attorney in Henderson can help identify all the damages that apply to your case.
Settling Your Pedestrian Accident Claim
In many cases, insurance companies make a settlement offer soon after an injured person files an insurance claim. Sometimes, the offer does not come until after filing a lawsuit. In either case, the first settlement offer is typically far lower than the value of a claim as an attempt to get injured claimants to accept the money and waive their right to seek further damages.
At Pacific West Injury Law, we have experience dealing with insurance carriers and their tricky strategies. We use the facts of a claim to negotiate the best possible settlement for our clients.
The vast majority of traffic accident cases settle before going to trial. However, some cases go to court, especially when the defendant disputes liability. We will make every effort to afford costly litigation and settle your claim. If necessary, we will fight for you in the courtroom.
We Can Help Win Your Case
The legal team at Pacific West Injury Law has experience helping clients from Henderson and throughout the area get the compensation they deserve after suffering injuries in a traffic accident, including pedestrian accidents.
If you have sustained injuries in a Henderson pedestrian accident due to negligence, we can help win your case. Contact Pacific West Injury Law online or give us a call for a free consultation to discuss your pedestrian accident, your injuries, and the way they have impacted your life.