Las Vegas Pedestrian Accident Lawyer

What We’ll Do For You

Our lawyers will get to work, helping you focus on recovery while staying informed. If you decide to work with Winder Law Firm, here is what we can do for you.

Pursue Fair Compensation

If you’ve been injured, we want to help you get your bills paid, your wages replaced, and your life back on track. We work to recover losses. This includes medical and recovery costs, plus wages lost for the time you couldn’t work due to injuries. Not only for financial damage, but also for the physical and emotional suffering you went through.

Legal Guidance and Representation

We help you navigate the legal process. We walk you through every step in filing your personal injury claim. You will have a dedicated case manager who makes sure you meet all deadlines and criteria.

Investigate the Accident

We conduct a thorough investigation to determine the source of the issue. We gather important evidence, including police reports, eyewitness statements, and video footage. Our attorneys can also bring in experts to reconstruct the accident scene. This can often serve as compelling evidence to support your claim.

Hold At-Fault Parties Accountable

We work to identify liable parties and hold them accountable, even if you were partially at fault or jaywalking. This might include drivers, vehicle owners, employers, or anyone else responsible. We work to help you recover the full compensation you may be owed.

Deal With Insurance Companies

Insurance adjusters aim to cut payouts. We have the skills to negotiate for you and protect 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.

Take the Case to Trial if Needed

Most cases settle before the need for trial. If necessary, we will handle negotiations and court proceedings. We will manage key aspects of your case. It’s our mission to strive for a fair settlement or verdict.

Local Experience in Clark County Courts

We are a law firm run by local Nevadans. Over the years, we have gained a deep understanding of local factors that may impact your case. This includes but is not limited to:

• State and local laws
• Clark County Judges and their peculiarities
• Insurance companies that serve Las Vegas and how they operate
• Local Roads, including the most dangerous intersections

Meet Aaron A. Winder

The founder and principal attorney of Winder Law Firm is Aaron A. Winder. Aaron is a personal injury lawyer who was born and raised in Las Vegas. If you work with the Winder Law Firm, Aaron will personally be involved in your case. Learn more about Aaron.

Typically, any person at fault for a pedestrian accident can be held liable. Many people automatically assume the driver is always at fault, but determining fault is not always that easy.

Possible At-Fault Parties

Our firm investigates to evaluate who is responsible. Here are some parties that might be liable in a pedestrian accident claim.

The Driver

Many pedestrian accidents are the driver’s fault. Often due to driver negligence. Some examples include speeding, using electronic gadgets while driving, or failing to give the right of way.

The Driver’s Employer

Employers can be responsible for accidents caused by on-duty employees. This is due to

A type of liability called Vicarious Liability. This applies to both delivery drivers and operators of company vehicles. Liability can vary depending on an individual’s employment status. For example, there are different rules for independent contractors and employees.

Local or State Government

Government entities may be held liable for some pedestrian accidents. Factors may include defective roads, faulty traffic signals, or poor road signs. Filing a claim against the government may involve many procedures and deadlines.

A Private Property Owner

Property owners are responsible for maintaining safe conditions on their property. They may be liable for injuries arising from hazards like poor lighting or uneven pathways.

A Vehicle Manufacturer

Car manufacturers can be liable for accidents caused by vehicle defects. An example of a defect is faulty brakes. Proving liability requires showing that the defect directly caused the accident.

A Rideshare Company

Rideshare companies must vet drivers and ensure they meet safety standards. They can be liable for accidents involving their drivers.

A Construction Company

Construction companies must ensure their sites are safe for pedestrians. They can be liable for accidents caused by hazards like unsecured equipment or a lack of warning signs.

An Event Organizer

Organizers must implement safety measures to protect pedestrians during events. Poor crowd management or emergency planning can result in liability.

A Road Maintenance Company

Maintenance companies can be liable for accidents caused by their work. For example, uneven surfaces or a lack of proper signage.

A Pedestrian’s Employer

Employers can be liable if employees are injured while working. The differences and overlaps between workers’ comp and personal injury claims are key.

If you or a loved one were injured in a pedestrian accident in Nevada, you may be able to pursue fair compensation for damages suffered.

The goal of a pedestrian injury lawsuit is to help recover financial losses from the accident. The law allows injured people to seek money for the harm the accident caused.

Here are some types of damages an injured party may be able to seek compensation for.

Settlement Disclaimer: Past results do not guarantee future outcomes. Each case is unique, and compensation depends on individual circumstances.

Economic Damages

Money to cover the actual financial costs of the accident.

• Medical Expenses: Charges for emergency care, surgeries, medications, lab work, ongoing doctor visits and other related costs.
• Therapy and Recovery: Physical rehabilitation, cognitive therapy, or mental health treatment linked to the accident.
• Anticipated Medical Needs: Future treatments, follow-up operations, or specialist care.
• Lost Income: Paychecks lost due to time off, missed contracts, or self-employment disruption.
• Reduced Future Earnings: When injuries make it harder to earn a living long-term or force early retirement.
• Damaged Property: Items like watches, fitness trackers, glasses, phones, or other belongings damaged in the accident.
• Miscellaneous Expenses: Childcare during recovery, home healthcare, travel to appointments, and personal care items.

Non-Economic Damages

Money for the emotional and physical impact of the accident, even though these don’t have a fixed dollar amount.

• Pain and Suffering: Physical pain, emotional strain, and mental fatigue from the injury.
• Mental Anguish: PTSD, fear of walking near traffic, and stress from lifestyle changes.
• Loss of Joy: Missing out on time with family, favorite activities, or meaningful life events.
• Permanent Disfigurement: Lifelong changes to physical appearance caused by the crash.
• Loss of Independence: Needing ongoing help to manage routines you once handled alone.
• Relationship Impacts: Difficulty maintaining emotional closeness or shared life with a spouse or partner.

Wrongful Death Damages

Money surviving family members can pursue when a pedestrian accident causes the loss of a loved one.

• Funeral and Burial Costs: Support for the immediate costs of honoring and laying your loved one to rest.
• Loss of Future Financial Support: Covers the earnings and benefits your family member would have provided over time.
• Emotional Loss: Compensation for the deep emotional pain of losing a spouse, child, or parent.
• Loss of Parental Guidance and Care: Compensation for children who no longer have a parent’s presence, support, or protection.

Punitive Damages

Money courts may award to send a strong message when the conduct was especially dangerous.

• Exemplary Damages: In rare cases, extra damages may be awarded to punish extreme negligence or intentional wrongdoing.

If you are considering a claim related to a pedestrian accident, you might want to better understand the related laws.

Here are some of the important laws related to personal injury claims and pedestrians in Nevada.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. For legal advice or a full interpretation, please consult an attorney.

Nevada Deadlines: Statute of Limitations

You usually have 2 years to file a lawsuit if someone else’s wrongful act or neglect caused your injury or a loved one’s death.

Comparative Negligence

Nevada has a Comparative Negligence law. This allows some people who are partially at fault to still sue for damages.

If you’re injured and partly to blame, you can still sue under NRS 41.141, but only if your share of the blame is 50% or less. Fault is divided among everyone involved, and your compensation is reduced by your percentage of blame.

Each defendant is only responsible for their share of the damages, unless it’s a special case like a product defect, toxic exposure, or intentional harm. If someone settles early, that amount isn’t shown to a jury (if there is one), but it will be subtracted from your final award.

Crosswalks & Right of Way

Definition of a Crosswalk – (NRS 484A.065)

• A crosswalk is the part of a road where sidewalks connect across an intersection, even if it isn’t painted. It can also be a clearly marked pedestrian crossing, even if it’s not at an intersection.

Right-of-Way in Crosswalks – (NRS 484B.283(1)(a-c))

• If no traffic signals are working or present, drivers must slow down or stop for someone in a crosswalk if the pedestrian is on their half of the road or close enough from the other side to be in danger.
• Pedestrians can’t suddenly step into the road if a car is too close to stop safely.
• If one car has stopped at a crosswalk, other drivers behind it must not pass until they’re sure it’s not stopped for someone crossing.

Pedestrian Responsibilities & Limitations – (NRS 484B.287(1)(a-e))

• Pedestrians must yield to vehicles when crossing outside a marked or unmarked crosswalk at an intersection.
• If a pedestrian bridge or tunnel is available, pedestrians must use it and yield to traffic when crossing elsewhere.
• Between intersections with working traffic signals, pedestrians may only cross at marked crosswalks.
• Diagonal crossing is not allowed unless allowed by traffic-control devices, and must follow the instructions of those devices.

Driver Duties

Driver Responsibilities Around Pedestrians – (NRS 484B.280(1)(a-c))

• Drivers must exercise due care to avoid hitting pedestrians. This includes warning with a horn when necessary and using extra caution when pedestrians are near roads, public transit stops, or school zones.

Right-of-Way Rules for Blind Pedestrians – (NRS 484B.290)

• Blind pedestrians using a cane or guide dog have the right-of-way. Drivers must stop if needed and take extra care to avoid any chance of a collision.

Stopping at School Crosswalks – (NRS 484B.350)

• Drivers must stop for school crossing guards and can’t drive forward until everyone, including the guard, is off the road. Breaking this law is a misdemeanor. If someone is hit during a violation, the driver may face enhanced criminal penalties.

Pedestrian Responsibilities

Crosswalk Movement Rules – (NRS 484B.293)

• People walking in a crosswalk are expected to keep to the right side of the crosswalk when reasonably able to do so.

Sidewalk Use, Roadside Walking & Prohibited Conduct – (NRS 484B.297)

• Pedestrians must stay off highways when sidewalks are available.
• If no sidewalk exists, they must walk on the left side of the road, facing traffic.
• It is illegal to stand in the road to ask for rides, business, or donations without a permit.
• Being impaired by drugs or alcohol while on the main part of the road is also banned.
• These rules also apply to people riding animals, but not to peace officers on duty.
• If a sidewalk is blocked, pedestrians can use the road briefly, but only with care and only as close to the sidewalk as possible.

Signal Rules

Pedestrian Signal Rules – (NRS 484B.283(1)(d)(1-4))

• If the “Walk” sign or walking person symbol is on, pedestrians may begin crossing and drivers must yield.
• If the “Don’t Walk” sign is flashing with a countdown, pedestrians may still start crossing, but must finish before the timer hits zero.
• If the “Don’t Walk” is flashing without a countdown, no new pedestrians may enter, but anyone already crossing may continue to a safe place.
• If the “Don’t Walk” sign is solid, pedestrians may not enter the road, but those already crossing must keep moving to a sidewalk or safety zone.

If you or a loved one is 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:

Ensure Your Immediate Safety

Move to a Safe Area

If you’re physically able, get out of the roadway and away from traffic. Move to a sidewalk or a nearby safe spot to prevent further harm.

Check for Injuries

Look yourself over for injuries and check if anyone else is hurt. If you’re seriously injured, try not to move unless you’re in immediate danger.

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.

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

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.

Traumatic Brain Injuries (TBIs)

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.

Broken Bones

It can be fractures of the leg, arm, ribs, pelvis, etc. These are all common injuries suffered by pedestrians who are hit by cars. The treatment processes for such fractures often include operation, casting, and physical therapy.

Internal Injuries

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.

Here are some common causes of pedestrian accidents.

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. Local governments and HOAs must ensure the upkeep of safe streets and sidewalks.

Looking for help after a pedestrian accident in Las Vegas? These legal, educational, and local tools can help you understand your options and take informed next steps.

Come see us, we are located at: 

7785 W Sahara Ave Suite 100, Las Vegas, NV 89117