Can a Pedestrian Hit By a Car Get Compensation?

Imagine stepping off a curb after carefully looking both ways, only to be struck by a vehicle. Unfortunately, this scenario is all too common, with pedestrians being hit by cars daily, often with devastating consequences. If you’ve been involved in such an incident in Nevada, understanding your rights and the legal process is crucial.

The Aftermath of a Pedestrian Accident: Your Rights and Options

Whether you’re in a crosswalk, parking lot, or along the roadside, being hit by a car as a pedestrian can entitle you to compensation. The driver may be held accountable and liable for your injuries and losses. In such situations, it’s vital to have an experienced personal injury lawyer on your side.

Why Hiring a Specialized Pedestrian Accident Attorney Matters

Employing a lawyer with specific experience in pedestrian accident cases is critical. In Henderson and Las Vegas, Kris Hemrich of Pacific West Injury Law brings extensive expertise to the table. Regardless of the severity of your injuries, from minor to life-altering, it’s essential to hold the responsible driver accountable.

Building Your Case: Essential Information to Gather

When meeting with your attorney, be prepared to provide comprehensive information about the accident, including:

  • Accident location, date, and time
  • Your actions at the time of impact
  • Vehicle details (make, model, color)
  • Driver and insurance information
  • Your recollection of events
  • Eyewitness contact information
  • Medical records and treatment details
  • Police report
  • Photographs of the scene
  • Clothing worn during the accident

Every piece of evidence can be valuable in proving fault and securing fair compensation.

Understanding Duty of Care in Nevada Pedestrian Accidents

Contrary to common belief, fault in pedestrian accidents isn’t always clear-cut. Both drivers and pedestrians have a duty of care to prevent accidents.

Defining Negligence Under Nevada Law

Negligence doesn’t always equate to breaking the law, and vice versa. Common forms of driver negligence include:

  • Distracted driving (e.g., texting)
  • Driving under the influence
  • Running red lights or stop signs
  • Speeding
  • Illegal passing
  • Failing to yield to pedestrians

However, pedestrians can also be negligent by jaywalking, being distracted, or under the influence. In fact, one-third of fatal pedestrian accidents involve pedestrians with a blood-alcohol level of at least 0.08 g/dL.

Comparative Negligence and the 51% Rule in Nevada

Nevada follows the comparative negligence law and the 51% rule. If you’re found to be less than 51% at fault, you can still recover damages, but your compensation will be reduced by your degree of fault. This underscores the importance of strong legal representation to maximize your claim.

Potential Compensation in Pedestrian Accident Cases

Compensation in pedestrian accident cases may cover various aspects, including:

  • Current and future medical expenses
  • Mental anguish and PTSD
  • Lost income and earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Punitive damages (in some cases)

Choosing the Right Attorney for Your Pedestrian Accident Case

When recovering from a pedestrian accident, your focus should be on healing, not legal complexities. Kris Hemrich of Pacific West Injury Law offers compassionate, dedicated representation to fight for your interests.

Take the Next Step: Schedule Your Free Consultation

Don’t navigate this challenging time alone. Contact Kris Hemrich at Pacific West Injury Law today for your free consultation and take the first step towards securing the compensation you deserve.

What should I do if I’m hit by a car as a pedestrian?

If you’re hit by a car as a pedestrian, you should seek medical attention immediately, even if your injuries seem minor. Then, gather as much information as possible about the accident, including the driver’s details, witness contacts, and photos of the scene. Contact an experienced personal injury lawyer to discuss your case and potential compensation.

Can pedestrians receive compensation if hit by a car?

Yes, pedestrians hit by cars may be eligible for compensation. The driver could be held liable for the accident. Compensation may cover medical bills, lost wages, pain and suffering, and other damages. It’s important to consult with a personal injury attorney to understand your rights and options.

What information should I provide to my lawyer after a pedestrian accident?

Be prepared to provide your lawyer with detailed information about the accident, including the location, date, and time of the incident; what you were doing when hit; vehicle details such as make, model, and color; driver and insurance information; your recollection of events; witness contact information; medical records and information; police report; photographs of the scene; and clothing worn during the accident.

What is the “duty of care” in pedestrian accidents?

The duty of care refers to the legal obligation of both drivers and pedestrians to use reasonable caution to prevent accidents. In Nevada, both parties are expected to exercise the utmost care. This means drivers should be attentive and follow traffic laws, while pedestrians should be aware of their surroundings and follow pedestrian regulations.

What constitutes driver negligence in pedestrian accidents?

Driver negligence can include distracted driving such as texting, driving under the influence, failing to stop at red lights or stop signs, speeding, illegal passing, and failing to yield to pedestrians.

Can pedestrians be found negligent in accidents?

Yes, pedestrians can be found negligent. Examples of pedestrian negligence include jaywalking, distracted walking such as texting or wearing headphones, failing to obey traffic signals, and walking while intoxicated.

What if I’m partially at fault for the accident?

Nevada follows the comparative negligence law and the 51% rule. If you’re found to be less than 51% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. It’s crucial to have a skilled attorney to minimize your fault percentage and maximize your potential compensation.

What types of compensation can I receive for a pedestrian accident?

Potential compensation may include current and future medical expenses, lost wages and earning capacity, pain and suffering, mental anguish and PTSD, loss of enjoyment of life, and punitive damages.

Why is it important to hire an experienced personal injury attorney for a pedestrian accident case?

An experienced personal injury attorney can gather and analyze evidence, negotiate with insurance companies, determine fair compensation, navigate complex legal processes, represent you in court if necessary, maximize your potential recovery, and allow you to focus on recovery while they handle legal matters.

How can I choose the right attorney for my pedestrian accident case?

Look for an attorney who has experience with pedestrian accident cases, offers a free consultation, makes you feel comfortable and listened to, has a track record of successful outcomes, is responsive and communicative, and is willing to go to trial if necessary. Consider contacting Kris Hemrich of Pacific West Injury Law for a free consultation to discuss your case.

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Past results do not guarantee, warrant, or predict future cases. You may have to pay the other side’s attorney’s fees and costs in the event of a loss.

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