Sadly, a high number of pedestrian accidents are reported in Nevada. In 2018 alone, there were more than 500 pedestrian accidents and 79 fatalities. In most cases, carelessness and negligence on the part of the drivers are to blame for these accidents, yet it’s the passengers who suffer the most.
When you get involved in a pedestrian accident, there’s a high risk of suffering long-term physical and psychological injuries or undergoing financing difficulties due to costly medical bills and lost wages. Victims often struggle to return to work and cope with the change in the quality of their lives.
The Statute of Limitations for Pedestrian Accidents in Nevada
When you get involved in a pedestrian accident in Nevada, you’re supposed to file your compensation claim/lawsuit within a specific period. The statute of limitations imposes a time limit within which you must file a lawsuit after suffering physical injury or loss in a pedestrian accident. In Nevada, the state-imposed time limit is two years.
Pedestrian accidents fall under personal injury claims. Any attempts to recover damages must get filed within two years. If the time limit elapses, there’s a high chance that the court will refuse to hear your case.
In some pedestrian accidents, the fault may be shared between the driver and the victim. If the jury rules that you share fault for your injuries and losses, Nevada courts apply the modified comparative fault rule. Your compensation will reduce depending on your percentage of fault in the accident. You can recover a reduced percentage of the damages provided your share of blame in the accident is less than 50%, but if it exceeds 50%, you won’t collect anything from the driver who knocked you.
Recovering Damages After a Pedestrian Accident in Nevada
If you or a loved one gets injured in a pedestrian accident in Nevada, you’re allowed to file a compensation claim to recover damages. In Nevada, the motorist who injured you is financially liable for the injuries and losses you suffered due to the accident. However, other third parties such as road construction companies, government agencies, or even the car manufacturer may share the blame if negligence on their part contributed to the accident.
Self-driving cars have become a common sight on Nevada highways. They can also cause pedestrian accidents. Since they are relatively new players, Nevada doesn’t have explicit laws for self-driving cars that cause pedestrian accidents. If you get hit by an autonomous vehicle, the procedures that apply in other crashes will be applied. In this case:
- Your attorney must prove that the accident resulted from negligence.
- The negligence should be connected to your injuries.
- You must file a claim to get compensated for medical expenses present, past, and future), loss of wages, and other damages.
What If the Victim Is a Minor?
Sadly, dozens of pedestrian accidents involving minors are reported in Nevada every year. If a minor gets injured in a pedestrian accident, Nevada requires them to wait until they turn 18-years-old to file a compensation claim against the negligent driver and other at-fault parties. After their 18th birthday, victims have a two-year limit to take legal action.
If the minors need to recover damages sooner, their parents or legal guardians can request the court to file a compensation claim on their behalf. If the request gets accepted, the minors lose their right to sue the at-fault party when they turn 18 years. In this case, the parents/guardians are supposed to file the lawsuit within two years.
What If the Victim Dies?
Unfortunately, a significant number of pedestrian accident victims succumb to their injuries. If you lose a loved one in a pedestrian accident, you can bring a wrongful death lawsuit against the at-fault driver. Surviving family members or an executor of the deceased’s estate can sue to recover damages.
According to NRS §41.085, when a person dies due to the negligent actions of another, their heir or personal representatives can file a lawsuit to recover damages from the person who caused the death. If the wrongdoer is dead, a lawsuit can be filed against their representatives or estate.
A wrongful death lawsuit after a pedestrian accident is a civil action rather than a criminal action. As a result, the defendant won’t face incarceration. The victim’s family will only be seeking to get compensated for their losses and pain and suffering. After your loved one’s death, you have a two-year limit to file a compensation claim in Nevada.
What Happens When the Statute of Limitation Ends
Your claim is likely to be thrown out if it’s filed after the statute of limitations elapses. If you attempt to file a claim after Nevada’s two-year deadline, the at-fault driver can ask the jury to dismiss the lawsuit. However, there are several exceptions to the statute of limitations, including:
- If you’re an out-of-state defendant, the time limit to file a claim won’t run when you’re outside of Nevada.
- The victim’s family often has one year after the death to file a lawsuit provided that the statute of limitations was running when they died.
- The at-fault party is a citizen of a country at war with the United States.
- Reversal of court judgment. If a court case gets overturned, claims arising from the reversal can be filed within one year.
For this reason, it’s essential to follow court-mandated deadlines when filing pedestrian accident claims. It’s best to consult a personal injury lawyer before filing a compensation claim because they’ll advise you on the procedures to follow so that the lawsuit gets filed on time. Working with an attorney also ensures that your claim gets handled properly.
Talk to a Personal Injury Attorney Today
After getting injured or losing a loved one in a pedestrian accident in Nevada, seeking compensation can seem intimidating. Most people don’t know where to start leave alone when to file a compensation claim.
Fortunately, the experienced pedestrian accident lawyers at Pacific West Injury Law are there to help you understand your options and file a claim on your behalf. So, contact us today to get a free case review.
