Pedestrian accidents can have life-altering consequences. Victims are often left with severe injuries and mounting medical bills. At Winder Law Firm, we understand the challenges faced by those injured in pedestrian accidents. We provide compassionate and effective legal representation.
Work with a Las Vegas pedestrian accident lawyer driven by compassion. Let us help navigate the legal landscape and work towards securing the compensation you deserve.
Were you injured in a pedestrian accident? Don’t face this alone. Contact Winder Law Firm today for a free consultation.
Injured in a Pedestrian Accident?
On This Page
Table of Contents
Steps to Take If You Are Hit by a Car in Las Vegas
If you or a loved one are hit by a car, it’s important to know what steps to take. What you do in the moments following a collision can impact your safety and legal protection. Here is how to proceed:
Seek Immediate Medical Attention
- Call 911: Even if you think your injuries are minor, it’s vital to get a formal medical review. Having your injuries documented by first responders is critical for supporting an injury claim.
- Follow Up with a Doctor: The symptoms of some injuries are not visible the moment they occur. A proper medical examination will establish whether there are any problems.
Document the Accident Scene
- Take Photos: Take photos of the accident scene, your injuries, and any damage to the vehicle to show the extent of the damage. These photos will likely serve as some of your most vital pieces of evidence.
- Gather Information: Get the contact and insurance information of the driver. Obtain contact information from any witnesses. The statements from witnesses can support your claim.
- Record Details: Document anything you can remember about the accident. For example, time, location, and the factors that brought about the accident.
How a Las Vegas Pedestrian Accident Attorney Can Help Victims
Selecting the right Nevada attorney who focuses on pedestrian accidents is a crucial step in your financial recovery. Here is how we help:
Legal Guidance and Representation
- Navigate the Legal Process: We walk you through every step in filing your personal injury claim. We make sure you meet all deadlines and criteria.
- Handle Negotiations and Court Proceedings: We will manage key aspects of your case. We do it all, from negotiating with the insurance companies to representing you in court. It’s our mission to strive for a fair settlement or verdict.
Maximizing Compensation
- Medical Bills and Loss of Earnings: We strive to recover your medical and recovery costs. We also work to recover wages lost for the time you couldn’t work due to injuries.
- Pain and Suffering: We fight to recover losses. Not only for financial damages but also for the physical and emotional suffering you went through.
Manage Your Personal Injury Case
Handling Insurance Companies
- Skilled Negotiators: Insurance adjusters aim to cut payouts. We have the experience to negotiate for you.
- Protecting Your Interests: From the outset, our lawyers will safeguard your rights. We will prevent insurance companies from taking advantage of you when you are most vulnerable.
Filing Legal Documents
- Accurate and Timely Filing: We will prepare and file all appropriate legal documents. This increases the chance of your claim moving along without delay.
- Complete Case Management: We take care of your case with the utmost care. We want you to relax and focus on recovery.
Help You Understand Your Rights
Explaining Legal Options
- Clarifying Your Rights: We explain all the legal options available to you. Our goal is to help you make informed decisions about what’s best for your case.
- Strategic Advice: This is where we give strategic legal advice related to your specific situation. We want to help you achieve the best result possible.
Protecting Client Interests
- Advocacy and Support: We advocate for your rights throughout every stage of the process. We want to make sure you are treated justly and fairly.
- Preventing Exploitation: Our team strives to protect your interests. We keep your best interest in mind. Our lawyers act to prevent exploitation from insurance companies and other parties.
Identify Who Is Responsible for Your Injuries
Investigating the Accident
- Thorough Investigations: We perform a full investigation to determine where the fault lies. We gather important evidence including police reports, eyewitness statements, and video footage.
- Expert Analysis: Our attorneys can bring in experts to reconstruct the accident scene. This can often serve as compelling evidence to support your claim.
Holding All Liable Parties Accountable
- Many Liable Parties: We will identify all liable parties. This might include drivers, vehicle owners, employers, or anyone else responsible.
- Pursuing Full Compensation: We do everything to hold all liable parties responsible. You should receive the full payment to which you are entitled.
Nevada Deadlines for Filing Pedestrian Accident Claims
Statute of Limitations
- Two-Year Deadline: In Nevada, the statute of limitations for filing a personal injury claim is two years from the accident date. This means you must file your claim within this period to be eligible for compensation.
- Exceptions: There are some expectations to this rule. Some examples are the specific cases of minors or if the injury was not discovered immediately. Our attorneys can determine what particular deadlines apply to your case.
Consequences of Missing Deadlines
- Loss of Right to Compensation: It’s important not to exceed the deadline for your claim. You could lose the right to payment for the damages suffered.
- Prompt Legal Action: Taking prompt legal action ensures that you file your claim on time. This preserves your right to pursue payment.
Understanding Comparative Negligence and Its Impact on Your Case
Definition and Explanation
- Comparative Negligence in Nevada: Nevada follows the doctrine of comparative negligence. This means if you are partially responsible for the accident, your compensation will be reduced by your fault percentage.
- Modified Comparative Negligence: Nevada has a modified comparative negligence system. You can receive damages only if you are equal to or less at fault than the opposing party. If you are 51% or more are at fault you cannot recover any damages.
Impact on Compensation
- Reduction Based on Fault: If you are found at fault for the accident, your compensation will be proportionately reduced. For example, if you are 20% at fault, your compensation will be reduced by 20%.
- Minimizing Fault: Our lawyers will ensure that we work around the clock to cut the fault percentage on your side. This will allow you to maximize your payment.
Frequent Causes of Pedestrian Accidents in Las Vegas
Driver Errors
- Distracted Driving: Pedestrian accidents often occur due to distracted drivers. A common distraction for drivers is mobile phones. The National Highway Traffic Safety Administration (NHTSA) reported that 3,142 lives were lost to distracted driving in 2019.
- Speeding: Driving at high speeds can decrease a driver’s reaction time. Driving fast also makes the crash more forceful. Speed is a critical factor in one-third of all United States traffic fatalities.
- Failure to Yield: Drivers who fail to yield at crosswalks increase pedestrian accident risks.
Environmental Factors
- Poor Lighting: Poor street lighting makes it harder for drivers to see pedestrians, especially at night. According to Smart Growth America, better road lighting can reduce pedestrian crashes by up to 50%.
- Bad Weather: Rain, fog, and other poor weather conditions can reduce visibility. Rain also makes roads slippery. This increases the likelihood of accidents.
- Dangerous Road Conditions: Potholes, broken sidewalks, and poorly marked crosswalks create hazards. It is crucial that local governments and HOAs ensure the upkeep of safe streets and sidewalks.
Common Pedestrian Injuries
Severity and Types of Injuries Pedestrian accidents often result in severe injuries due to the lack of protection for those on foot. Common types of pedestrian injuries include:
Spinal Cord Injuries
- Impact and Treatment: Spinal cord injuries can lead to partial or total paralysis. Injuries like these might need lifelong medical care and treatment. Victims often experience significant lifestyle changes and a loss of independence.
- Legal Implications: Damages for spinal cord injuries are usually higher as they are severe with long-term effects. Our lawyers ensure consideration of all medical needs and life adjustments when pursuing payment.
Traumatic Brain Injuries (TBIs)
- Symptoms and Recovery: TBIs range from mild concussions to severe brain damage. Symptoms include headaches, memory loss, and cognitive difficulties. These injuries often need major medical treatment and recovery.
- Compensation Factors: Since TBIs can have lifelong effects, they can be a critical factor in personal injury claims. We fight for full compensation that covers ongoing medical needs and the impact on quality of life.
Broken Bones
- Types of Fractures: It can be fractures of the leg, arm, rib, pelvis, etc – all common injuries suffered by pedestrians. The treatment processes for such fractures often include operation, casting, and physical therapy.
- Impact on Daily Life: A fracture may hamper mobility and functioning, which can impact one’s income and quality of life. We will seek an appropriate remedy in line with these very critical impacts.
Internal Injuries
- Detection and Treatment: Some internal injuries may not show obvious symptoms. Some examples are damage to internal organs or internal bleeding. Although there are limited signs, a person can still be at risk of losing their life.
- Long-Term Effects: These injuries may result in long-term health problems and complex recovery. This can make the lives of the victims even more complex. We make sure to represent these factors in your claim.
Injured in a Pedestrian Accident?
Pedestrian Death Statistics in Clark County, NV
Recent Data and Trends
- Rising Fatalities: Pedestrian fatalities have been on the rise in the last couple of years. Statistics from the Nevada Department of Transportation show from 2017 to 2021, 393 pedestrians were killed on Nevada roads. Most of those fatalities were recorded in Clark County.
- Urban Areas: Over 90% of pedestrian fatalities in Nevada happen in urban areas. This highlights the dangers pedestrians face in Las Vegas.
Potentially Liable Parties in a Pedestrian Accident
Identifying Liable Parties
- Full Investigation: A pedestrian accident may involve one or more liable parties. Our attorneys conduct thorough investigations to determine who is responsible.
The Driver
- Negligence and Fault: Many pedestrian accidents are due to driver negligence. Some examples include speeding, using electronic gadgets while driving, or failure to give the right of way.
- Evidence Needed: Conclusive evidence is necessary to prove the driver’s liability. Some examples of evidence may include eyewitnesses, traffic cameras, and police reports.
The Driver’s Employer
- Vicarious Liability: Vicarious liability holds employers responsible for accidents caused by on-duty employees. This applies to delivery drivers as well as operators of company vehicles.
- Case Examples: One example is a transit operator speeding to meet a schedule. Another example is a company employee driving negligently during working hours.
- Independent Contractors vs. Employees: Liability differs based on employment status. Companies often try to deny responsibility based on whether the driver is a contractor or an employee.
Municipal or State Government
- Public Road Safety: Government entities can be held liable for certain accidents. Factors may include defective roads, faulty traffic signals, or poor road signs.
- Claims Process: Filing a claim against the government involves many procedures and deadlines.
A Private Property Owner
- Premises Liability: Property owners must maintain safe conditions on their property. They may be liable for injuries arising from hazards like poor lighting or uneven pathways.
A Vehicle Manufacturer
- Defective Products: Car manufacturers can be liable for accidents caused by vehicle defects. An example of a defect is faulty brakes.
- Recall and Liability: Proving liability requires showing that the defect directly caused the accident. This oftentimes needs expert testimony.
A Rideshare Company
- Driver Screening and Responsibility: Rideshare companies must vet drivers and ensure they meet safety standards. They can be liable for accidents involving their drivers.
A Construction Company
- Site Safety: Construction companies must ensure their sites are safe for pedestrians. They can be liable for accidents caused by hazards like unsecured equipment or lack of warning signs.
An Event Organizer
- Event Safety: Organizers must put in place safety measures to protect pedestrians during events. Poor crowd management or emergency planning can result in liability.
A Road Maintenance Company
- Road Work Hazards: Maintenance companies can be liable for accidents caused by their work. For example, uneven surfaces or lack of proper signage.
- Negligent Upkeep: Proving negligence means showing the company failed to meet safety standards.
A Pedestrian’s Employer
- Work-Related Accidents: Employers can be liable if employees are injured while working.
- Workers’ Compensation vs. Personal Injury: Understanding differences and overlaps between workers’ comp and personal injury claims is key.
Frequently Asked Questions About Pedestrian Accident Claims (FAQ)
How long does it take to settle a pedestrian accident claim?
Settling a pedestrian accident claim usually takes a few months to several years. This usually depends on treatment and negotiations.
What to do after a pedestrian accident?
After a pedestrian accident, call 911, seek medical attention, document the scene, contact a lawyer, and report the accident.
What happens if the pedestrian caused the accident?
If the pedestrian caused the accident, Nevada’s law may reduce their compensation based on their fault.
Where can I find a pedestrian accident attorney?
You can find the a Las Vegas pedestrian accident lawyer at Winder Law Firm. We offer experienced and kind legal representation. Contact us via the form below.
What happens if you hit a pedestrian by accident?
If you hit a pedestrian, stop, call emergency services, assist, cooperate, and share your contact and insurance info.
What to do in the first few minutes to days after an auto accident involving a pedestrian?
In the first few minutes after a pedestrian accident, ensure safety, call 911, aid the pedestrian, document the scene, and gather witness info. In the following days, seek medical treatment, report to your insurance, and consult an attorney.
What do you need to file for loss of wage in a pedestrian accident?
To file for lost wages in a pedestrian accident, you need medical records, employment verification, and pay stubs.
Talk to a Pedestrian Accident Attorney in Las Vegas Now
Free Consultation
- Schedule a Consultation: Contact Winder Law Firm to schedule a free consultation and discuss the details of your case. Early legal advice might greatly impact the outcome of your claim.
- No Fees Unless We Win: We use a contingency fee structure, meaning you don’t pay any fees unless we secure compensation for you. This ensures that financial concerns don’t prevent you from seeking the legal help you need. Past results do not guarantee future outcomes.
Content Legal Review By
Contact Us To Talk To A Pedestrian Accident Lawyer Now
Please complete our contact form to schedule a free consultation. This is your opportunity to discuss your situation with a Lawyer. Take the first step towards resolving your legal concerns today!