It depends. Unfortunately, that is a common answer for legal questions like this one, but it is the most honest. However, even if a pedestrian is partially to blame, they may be entitled to compensation.
If you or a loved one have suffered injuries when struck by a car as a pedestrian, you may be entitled to compensation from the at-fault driver. If the car that struck you was a company vehicle, like a taxi, the company may also be liable. To find out for sure, speak with a trusted and aggressive Las Vegas personal injury lawyer today.
How to Prove Negligence in a Pedestrian Accident
As a pedestrian, you have rights in Nevada. If you were hit by a vehicle, you may be able to hold that driver liable for your injuries. To do that, you must prove they were negligent by showing:
- The driver owed you a duty of care to drive safely
- The driver breached that duty of care by failing to drive safely and avoid hitting you
- The driver’s breach of duty caused their car to hit you
- The accident resulted in you suffering damages
This might seem simple to you, but you will need to prove these elements to a legal standard. While you are recovering from your injuries, your legal team can be working toward the shared goal of proving the other driver was negligent.
Collecting Compensation after a Pedestrian Accident
The point of proving the other driver was negligent is to collect compensation from them for your injuries. Your lawyer may try to get you compensation for:
- Pain and suffering
- Emotional distress
- Lost income
- Lost earning potential
- Loss of companionship
- Loss of life enjoyment
- Present and future medical expenses
- Rehabilitation costs
Many victims of a pedestrian accident vastly underestimate the total amount of money it will take for them to get better. Concussions, for example, a common pedestrian accident injury, can lead to lifetime medical costs that exceed a million dollars. Even the most financially well-off individuals would have trouble footing that bill.
Recovery When the Pedestrian Is Partially to Blame
Nevada follows the comparative negligence theory of recovery for accident victims. What this means for you is that if you were partially to blame for the accident, as long as the other person was at least 50% responsible, you can recover compensation from them. The percentage of fault might reduce the total compensation you can recover.
If, however, you were over 50% at fault for the accident yourself, you may not be able to recover any compensation. While this does not mean all hope is lost, it does mean that time is of the essence to speak with a lawyer.
Dealing with Insurance Companies Is Easier with an Attorney
After you get injured in a pedestrian accident, the insurance company of the at-fault driver will probably call you and offer you a quick settlement. For many pedestrian accident victims, this sparks joy, but we urge caution. Think about why the insurance company is making you a quick offer—it’s in their best interest, not yours.
Most pedestrian accident victims simply have no idea how much money they will need to recover. And the last thing you need to worry about after suffering serious injuries is how to pay your bills. But by settling for too little money, that’s exactly where you could end up.
If you sign the offer, you will no longer have any right to bring a future claim against the at-fault driver’s insurance company. Months or years later, when the settlement funds have dry, but you still have bills to pay, there is nothing you can do—you will be solely responsible for covering those expenses. You can avoid this tragic situation by partnering with an experienced Las Vegas pedestrian accident attorney as soon as possible.
Act Fast Before Your Time to File Runs Out
Every state has a time limit for people like you to file a claim. Called a statute of limitations, that time in Nevada is just two years. While that may seem like a long time right now, consider all of the hurdles you may face:
- Prolonged hospital stays
- Numerous surgeries
- Time in a rehabilitation facility
- In-home care
- Numerous doctor visits
- Long periods of time out of work
The last one often hits pedestrian accident victims hard because if they are out of work, they aren’t getting a paycheck. That’s why it is vital that you speak with a lawyer as quickly as possible so you don’t have to worry about how your bills get paid. If you miss this important deadline, however, you risk missing out on your chance to recover maximum compensation from the person who has caused you so much pain and suffering.
The Bear Cares for You
Pacific West Injury Law opened its doors to help our Las Vegas neighbors who suffer injuries from someone else’s negligence. Many victims suffer catastrophic losses because of the injuries they suffer. Our sole goal is to help those victims get the compensation they need, so they don’t have to worry about how they pay their bills.
And that’s our goal for you. After a car has struck you, your body has probably suffered serious injuries, and you are dealing with physical and mental trauma. To help you get better, let us take on the stress of a personal injury claim, so you can focus on your health and wellbeing.
Speak with an Aggressive Las Vegas Pedestrian Accident Lawyer Today
The lawyer you choose can make a difference in your ability to recover compensation after your pedestrian accident. You need a lawyer with proven experience helping other pedestrian accident injury victims like you recover compensation from the at-fault party. You also need an aggressive attorney who will not let the big insurance companies push them around.
Get the Bear on your side today by scheduling your free consultation. Contact Pacific West Injury Law to find out more about how we may be able to help you get the compensation you need to help you recover from your pedestrian accident.
