According to the Nevada Department of Transportation (NDOT) safety report, in 2016 pedestrian casualties accounted for 24% of all crash fatalities in the state. There are a number of explanations for this including non-defined sidewalks, drivers failing to stop or yield when necessary, hit-and-run collisions, drunk drivers, vehicles turning at too sharp of an angle or too fast, and motorists who don’t give necessary space to nearby pedestrians.
As pedestrian accident attorneys with years of experience, Pacific West Injury Law has seen a significant variety of accidents between pedestrians and cars and is prepared to help injured victims seek justice and compensation for the collision.
Services Our Pacific West Attorneys Provide
Without prior experience, Nevada’s civil laws and legal proceedings can often be complex and difficult to understand. It is your right to seek legal advice, have some help filing an accident claim, and voice your concerns.
As you focus on recovering from your injuries, our pedestrian accident injury lawyers will handle your case by:
- Securing the necessary evidence, testimony, and documentation to show negligence
- Communicating with all parties
- Negotiating an acceptable settlement
- Consulting with insurance companies
- Investigating the accident
- Speaking with eyewitnesses
- Identifying the liable parties
- Calculating your losses
- Filing and managing your personal injury claim
- Representing you at trial, if necessary
Let our team of sympathetic lawyers pursue an award of compensation for you, or your loved one, based on what we learn from your consultation of your case.
Liability in Pedestrian Accidents
A member of our legal team can help you identify who is liable for the pedestrian accident, and therefore would be the defendant in your case whom we would seek compensation from. To determine negligence, we look at four factors: duty of care, breach of duty, injury causation, and damages.
According to the comparative negligence law outlined in the Nevada Revised Statutes (NRS) §41.141, if you are partly to blame for the accident, the compensation you would be expecting to receive would decrease by the percentage of how big of a part you played. For example, if you were 20% responsible, your initial compensation package of $5,000 would now be $4,000.
In addition to this statute, Nevada’s modified comparative negligence rule states that if the defendant is found guilty of being responsible for more than 50% of the accident, then you will be eligible to receive some amount of compensation. But, if you, the plaintiff, are at fault for more than 50% of the incident, you are entitled to no compensation, regardless of how severe your injuries may be.
Deadlines for Filing a Pedestrian Accident Claim
In the state of Nevada, there are set deadlines you have to adhere to. This statute of limitations, found in NRS §11.190, only allows two years from the date of your accident for you to file a claim with a lawyer.
If you fail to do so by this time frame, you may lose the right to seek compensation. These two years may be changed depending on your case specifics. Speak with a Las Vegas pedestrian injury attorney before it’s too late.
Pacific West Injury Law Can Help You Seek Compensation
A Las Vegas personal injury lawyer will go through your damages with you and assign a monetary value to your losses. Some damages you can possibly be compensated for from the defendant include:
- Medical expenses (hospital bills, prescriptions)
- Future medical costs for surgeries or therapy
- Lost wages for the time you were not at work and recovering
- Pain and suffering, both physically and emotionally
- Funeral expenses (if the pedestrian accident victim died wrongful death case)
- Punitive damages, according to the NRS §42.005, are capped at the larger of the two: three times the combined amount of all damages (if this total is above $100,000) or $300,000 if the combined amount of damages is less than $100,000.
Contact Us for a Free Case Review
At Pacific West Injury Law, we pride ourselves on the success we have seen in our years of operation in the Las Vegas area. We don’t believe you should pay for the damages you have suffered from another person’s negligence. We are eager to help you pursue compensation for those losses.