Legal Rights for Pedestrian Accident Victims

Pedestrian accidents can happen in many places. Drivers often cause accidents at street crossings when they don’t watch out for pedestrians. Pedestrians are at high risk in accidents because they lack protection from cars.

As a result, the injuries they get can be very serious and sometimes even deadly.

The good news is that, in most cases, the blame lies with careless drivers. Nevada law understands this and gives victims the right to get paid for their injuries. 

Pedestrian Laws in Las Vegas

In Las Vegas, pedestrians must follow specific laws to ensure safety. For example, jaywalking, or crossing the street outside of a marked crosswalk, is illegal and carries heavy fines. Remember, even crossing at a crosswalk against a red signal is considered jaywalking.

Damages You Can Claim

If you’re involved in a pedestrian accident in Nevada, you’re entitled to various compensations, including::

• Medical Expenses: You can request compensation for past, current, and future medical costs related to the accident.

• Lost Income: If you couldn’t work due to your injuries, you can seek compensation for the income you didn’t earn.

• Loss of Earning Capacity: If the accident affects your earning capacity, you may seek compensation for this decrease in your earning potential.

• Emotional Distress: If you have suffered stress, anxiety, or other emotional problems after the accident, you can apply for compensation.

• Pain and Suffering: You can seek compensation for the physical and emotional pain you’ve experienced as a result of the accident.

• Disability: If the injuries have left you with a permanent disability, you can seek compensation for this condition.

• Financial Losses: Besides medical bills and lost wages, you can ask for money for other costs from the accident.

• Lost Future Wages: If your injuries prevent you from working in the future, you can seek compensation for your lost wages.

Recovering Damages in a Pedestrian Accident

If you’re in a pedestrian accident, you might be able to get money for different kinds of injuries. You will get medical bills, rehab costs, lost pay, and future earning potential. You will also receive compensation for the pain and suffering you have experienced.

However, to obtain this compensation, you must prove three things:

• Duty of Care: First, you must prove that the accused driver or person had a duty to take care of your safety.

• Breach of Duty: Then, you must show that this person failed to fulfill their duty of care through their actions or inactions.

• Direct Causation: Lastly, you need to show that the breach of duty directly caused your physical injuries and other damages.

Getting damages from a pedestrian accident in Las Vegas can be complex. In ‘comparative fault’ laws, pedestrians may also be partly to blame. It means you must show that the other person was more responsible for the accident. 

Cases Where the Pedestrian May Be at Fault

On the other hand, a pedestrian might be at fault in an accident if:

• Suddenly and unexpectedly enters the path of a vehicle: A driver might be at fault if a pedestrian surprises them by suddenly crossing the street.
• Walks on the road with a sidewalk available: If a sidewalk is present, and a pedestrian chooses to walk on the road instead, they may be considered at fault if an accident occurs.

• Crosses an intersection diagonally: If a walker crosses an intersection diagonally instead of following signals and crossing rules, they may be considered at fault if an accident occurs.

• Crosses a street when the signal says “Don’t Walk”: If a traffic signal clearly indicates not to cross the road, and a pedestrian does so anyway, causing an accident, they may be considered guilty.

• Crosses at an unmarked crosswalk when a marked crosswalk is available: If there is a nearby marked crosswalk, and a pedestrian decides to cross at an unmarked location, they may be considered at fault if an accident occurs.

Conclusion

In order to get paid for a pedestrian accident, you must prove that the other person caused your injuries. Additionally, it’s essential to consider factors like “comparative fault” when seeking compensation.

In Las Vegas, it’s very important to safely cross streets and follow traffic signals. This includes using marked crosswalks. Jaywalking can result in fines and, in more severe cases, endanger your safety. It’s essential to know and follow pedestrian laws to avoid issues and accidents.

If you or someone you know was in a pedestrian accident in Las Vegas, Pacific West’s legal team can help. Our lawyers will protect your rights and help you get the compensation you deserve. They will also assist you in cases of wrongful death of a loved one.

Phone: (702) 640-0958
Fax: (702) 665-5627

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