When a pedestrian is hit by a motorist, the injuries can be extreme. Life-threatening injuries occur when a reckless driver isn’t paying attention to the traffic and people in the area. If a negligent driver hit you or a loved one with their car, you may have grounds to pursue damages and even file a civil suit.
The pedestrian accident attorneys of Pacific West Injury Law in Sunrise Manor may be able to help you pursue compensation. We can advise you on the best legal avenues to take and help you to avoid pitfalls you may encounter in a pedestrian accident case in Nevada.
Establishing Fault for a Pedestrian Accident in Nevada
In Nevada personal injury claims, the comparative negligence doctrine applies. This means that many parties can be held liable for a portion of the accident, including the injured pedestrian. Though the at-fault party may seem obvious, they may be able to place some of the blame on you.
If you are found to be partially at fault, your financial recovery will be reduced. For example, you share 40% of the liability because you were texting on your smartphone when the car hit you. If you are awarded $100,000, it would be reduced by the percentage of fault you were assigned.
This would leave you with $60,000, or 40% less than you might have had. This is why it is so important to contact a pedestrian accident attorney as soon as possible. A lawyer can provide you with protection against liability allegations made against you.
How Is Fault Determined in a Pedestrian Accident?
Proving the responsibility for a pedestrian accident requires proof of negligence. The fault of either party can hinge on traffic camera footage, witnesses, pictures taken at the scene, physical evidence, or even whether the driver was cited by the responding officer for a traffic violation.
The evidence gathered is crucial to the success of a claim, so having a lawyer with experience in pedestrian accidents can be extremely helpful in the success of your case.
You need to be able to show in your case three things:
- The defendant had a duty to drive safely and follow traffic laws
- The defendant was careless or reckless and broke the law intentionally or accidentally
- No outside factors caused your injuries and the accident was the sole cause
Serious Injuries in Pedestrian Crash Cases
There is no physical protection when a person on foot is hit by a massive vehicle. The impact can cause serious injuries that can sometimes have permanent consequences. Sadly, the injuries sustained after being hit by a car can result in paralysis or death.
Some of the more common injuries in pedestrian accidents include:
- Broken bones
- Nerve damage
- Pelvic injuries
- Internal injuries and organ damage
- Scrapes and bruises
- Traumatic brain injury (TBI)
- Spinal cord injury
- Permanent disfigurement
- Internal organ damage
- Facial/eye injuries causing loss of vision
These injuries can be extremely painful and require months or years to treat. The emotional impact of these injuries can affect your job and family. A Sunrise Manor pedestrian accident lawyer can help to recover compensation for this disruption to your life.
What Damages Can Be Collected in a Pedestrian Accident Case?
Claims vary from person to person, but damages are based on:
- Medical care costs
- Ongoing treatment costs
- Loss of wages
- Loss of future earnings
- Emotional damage
- Psychological trauma
Claims for compensation will usually take into account the pain and severity of the injury and its subsequent treatment as well as the overall impact the injuries had on your life.
Someone who suffered extreme medical issues can run out their insurance limits before they even leave the hospital, so an attorney is needed to help you then pursue a civil claim.
Who Can Be Sued in a Pedestrian Accident Case?
A pedestrian accident attorney in Sunrise Manor can examine all aspects of your case to determine who may have been at fault for an accident. For example, It could involve the driver, the owner of the car, or even the driver’s employer if they were working at the time of the crash.
In other cases, it might involve municipalities for improperly maintained traffic signals or obstructions that were on the road at the time of the accident.
Many factors must be examined when looking at fault to ensure that you have the opportunity to recover the most compensation possible to cover your injuries and losses fairly.
What if I Am Hit by an Uninsured Motorist in a Pedestrian Accident?
Don’t lose hope if the driver who hit you had no insurance. In some cases, you can use your own policy if you have uninsured driver protection. Your car insurance company may even cover you and your family in certain cases, even when you aren’t driving your car.
When a driver doesn’t carry any insurance, they often lack the resources to pay the people they harmed, and a civil suit may be considered a waste of time. However, there may be other components of the situation that you haven’t yet considered that can be a benefit to your case.
An attorney can help you with your pedestrian accident case and determine whether other factors can come into play to help you recover your losses.
Contact Our Pedestrian Accident Attorneys in Sunrise Manor for a Consultation Today
If you were involved in a pedestrian accident with a negligent driver, you deserve prompt legal attention. Our attorneys are able to listen to the details of your case and provide you with valuable guidance that can help you to pursue compensation for your injuries.
The Sunrise Manor pedestrian accident attorneys at Pacific West Injury Law understand the possible barriers to financial recovery. We can explain your options, help you to navigate the insurance companies, and show you the possibilities for securing compensation.
Contact us today. We are here to help you.