Skip to content
  • Hablamos Español
  • Call or Text 24/7: 702-602-4878
  • Blog
Instagram Facebook-f Twitter
  • Call/Text 24/7: 702-602-4878
  • Hablamos Español
  • About Us
    • Meet the Team
    • Client Reviews
    • Changing the Law Scholarship
    • Changing the Law Scholarship – Terms & Conditions
    • Blog
  • Areas We Serve
    • Las Vegas
    • Henderson
    • North Las Vegas
  • Legal Practice Areas
    • Catastrophic Injuries
    • Dog Bites
    • Motorcycle Accidents
    • Car Accidents
    • Pedestrian Accidents
    • Slip and Falls
    • Truck Accidents
  • Legal FAQs
  • Contact us
Menu
  • About Us
    • Meet the Team
    • Client Reviews
    • Changing the Law Scholarship
    • Changing the Law Scholarship – Terms & Conditions
    • Blog
  • Areas We Serve
    • Las Vegas
    • Henderson
    • North Las Vegas
  • Legal Practice Areas
    • Catastrophic Injuries
    • Dog Bites
    • Motorcycle Accidents
    • Car Accidents
    • Pedestrian Accidents
    • Slip and Falls
    • Truck Accidents
  • Legal FAQs
  • Contact us
Free Consultation

Can a Pedestrian Hit By a Car Get Compensation?

Home » Legal FAQs » Can a Pedestrian Hit By a Car Get Compensation?

After looking both ways and stepping off a curb in a crosswalk, the last thing you think may happen is you will get hit by a car. Truth is that pedestrians are hit by vehicles every day and the results can be deadly.

Whether a pedestrian is in a crosswalk, a parking lot, or along the road, if hit by a car, the victim may be able to receive compensation for the accident. The driver could be held accountable and liable. If this has happened to you, you need an experienced personal injury lawyer to fight for you.

Hiring a Personal Injury Attorney and Making Your Case

Employing a pedestrian accident lawyer with pedestrian case experience is critical. In the areas of Henderson and Las Vegas, Kris Hemrich of Pacific West Injury Law has that experience. Whether your injuries are relatively minor, or you have suffered a major life setback due to them, the vehicle driver needs to be held accountable.

When you sit down with Kris, he will need to learn everything you can provide about the accident. Be prepared to provide such information as:

  • The location of where you were hit and when including the time of day
  • What you were doing when hit
  • The make, model, and color of the car that hit you
  • Driver and his or her insurance information
  • Your recollection of the events
  • Contact information for eyewitnesses
  • If you were taken to the hospital from the scene
  • Other medical information and records from the incident for all injuries you suffered
  • A copy of the police report
  • Photographs of the scene as soon as possible following the incident

Additionally, the clothing you were wearing when the accident occurred may be beneficial to your case. Even your belt and shoes and a purse or backpack can reveal blood, rips and tears, and debris from the crash which could be valuable to your case. Your attorney will want to gather as much information as possible to aid in determining just what happened and, if appropriate, proving the fault of the driver.

Drivers and Pedestrians Each Have a Duty of Care to Each Other

People normally want to assume that a driver is responsible when a pedestrian gets hit by a car. It is not always that cut-and-dried. Sometimes both driver and pedestrian can be found partially to blame.

In Nevada, drivers and pedestrians alike should use the utmost care to not cause an accident, referred to as the care of duty. The question to ask comes down to whether the driver was being careful behind the wheel and was the pedestrian aware and careful of traffic. The biggest offender to the care of duty is negligence.

What Constitutes Negligence Under Nevada Law

Not all forms of negligence fall under the category of breaking the law. Nor does breaking the law always fall under negligence. Some forms of negligence behind the wheel include:

  • Distracted driving such as texting
  • Driving under the influence
  • Failing to stop at a red light or stop sign
  • Speeding, or driving too fast for traffic conditions
  • Illegally passing another vehicle
  • Failing to yield to a pedestrian

Drivers are not alone in negligence though. Pedestrians can also be distracted by texting or by wearing earbuds. And some pedestrians fail to stop at a stop sign or red light, too.

Jaywalking is against the law in Nevada. Furthermore, many pedestrians struck by vehicles are intoxicated or under the influence. In fact, in one-third of fatal pedestrian accidents, the pedestrian had a blood-alcohol level of at least 0.08 g/dL.

What If You Are Partially at Fault?

If there is proof that the driver was negligent, he or she should be found at fault. But the pedestrian can be found partially at fault, too. For example, if jaywalking, the pedestrian was breaking the law. Was there a valid reason for that?

Nevada is one of many states that follows the comparative negligence law and the 51% rule. If you, the pedestrian, are found to be less than 51% at fault, you can still recover some damages. However, the compensation will be lessened by your degree of fault.

Realize that the driver’s attorney will be fighting to lower his client’s at-fault percentage points. You want your attorney to fight, too. That is why the police report, eyewitnesses, surveillance videos, and all other evidence can be so crucial to your case.

Compensation You May Be Able to Receive

No doubt you will be looking for compensation for your physical injuries in the form of payment for your medical bills, but you may qualify for more. Other compensation which may apply to your case includes:

  • Future medical treatment including therapy and rehabilitation
  • Mental anguish and post-traumatic stress disorder
  • Loss of income from being off work
  • Lost earning ability due to disabilities incurred by the accident
  • Pain and suffering
  • Loss of enjoyment of life
  • Punitive damages

Choosing the Right Attorney for You

If you have suffered from being hit by an automobile, you should be worrying about your recovery, not finances and legalities. You need to find an attorney with whom you are comfortable, and you know will fight for you and your interests. Kris Hemrich of Pacific West Injury Law is a compassionate attorney who will go the extra mile for you.

Contact Kris at Pacific West Injury Law for your free consultation, today!

man walking in a crosswalk on his phone

Start your FREE Consultation:

*All fields required

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Las Vegas Personal Injury Practice Areas

  • Bicycle Accidents
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Delivery Van Accidents
  • Motorcycle Accidents
  • Neck Injury
  • Onewheel Accidents
  • Pedestrian Accidents
  • Scooter Accidents
  • Slip-and-Fall Injury
  • Spinal Cord Injury
  • Traumatic Brain Injury
  • Truck Accidents
  • Bicycle Accidents
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Delivery Van Accidents
  • Motorcycle Accidents
  • Neck Injury
  • Onewheel Accidents
  • Pedestrian Accidents
  • Scooter Accidents
  • Slip-and-Fall Injury
  • Spinal Cord Injury
  • Traumatic Brain Injury
  • Truck Accidents

Frequently Asked Questions

  • Car Accidents (49)
  • Catastrophic Injury (5)
  • Dog Bite (15)
  • Motorcycle Accidents (29)
  • Pain and Suffering (4)
  • Pedestrian Accidents (4)
  • Personal Injury (8)
  • Pets (0)
  • Slip and Fall Injury (18)
  • Truck Accidents (5)

Find a Passionate Personal Injury Lawyer Now!

  • Las Vegas Personal Injury Lawyer Near Me
  • Henderson Personal Injury Lawyer Near Me
  • North Las Vegas Personal Injury Lawyer Near Me
  • Winchester Personal Injury Lawyer Near Me
  • Spring Valley Personal Injury Lawyer Near Me
  • Sunrise Manor Personal Injury Lawyer Near Me
  • Enterprise Personal Injury Lawyer Near Me
  • Boulder City Personal Injury Lawyer Near Me
  • Las Vegas Personal Injury Lawyer Near Me
  • Henderson Personal Injury Lawyer Near Me
  • North Las Vegas Personal Injury Lawyer Near Me
  • Winchester Personal Injury Lawyer Near Me
  • Spring Valley Personal Injury Lawyer Near Me
  • Sunrise Manor Personal Injury Lawyer Near Me
  • Enterprise Personal Injury Lawyer Near Me
  • Boulder City Personal Injury Lawyer Near Me

Office Location

6830 S Rainbow Blvd #200
Las Vegas, NV 89118

Connect + Follow

Phone: 702-602-4878
Fax: 702-665-5627

Instagram Facebook-f Twitter

Practice Areas

  • Personal Injury Lawyer
  • Catastrophic Injuries
  • Car Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Truck Accidents
  • Dog Bites
  • Slip-And-Falls
  • Personal Injury Lawyer
  • Catastrophic Injuries
  • Car Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Truck Accidents
  • Dog Bites
  • Slip-And-Falls

About

  • About Us
  • Contact
  • FAQs
  • Blog
  • About Us
  • Contact
  • FAQs
  • Blog

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.

Pacific West Injury Law • Greater Las Vegas’ Award-Winning Injury Attorneys • #bluebearcares

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

© Copyright 2023 Pacific West Injury Law

Disclaimer | Privacy Policy | Sitemap