The Nevada Department of Transportation (NDOT) reports that the number of pedestrian accidents in Nevada continues to rise, especially in Clark County and the Las Vegas area. This growing risk is of special concern because pedestrians don’t have the protection to help them avoid serious harm or fatality when a motor vehicle strikes them, making pedestrian accidents among the most severe of all traffic accidents. Pedestrians can contribute to an accident by jaywalking, but the vast majority of pedestrian accidents are a result of careless or negligent motorists. If you have sustained injuries as a result of a driver while running or walking in Nevada, the law permits you to seek damages from the driver who hit you, as long as you do so within the statute of limitations. Contact the Nevada pedestrian accident attorneys at Benson & Bingham Accident Injury Lawyers, LLC at (702) 600-6000 for a free consultation to discuss the details of your accident and determine your eligibility to seek compensation.
Distracted drivers and those who fail to stop at traffic control devices often get credited for causing the most pedestrian accidents. Yet, when motorists don’t uphold their duty towards those with whom they share the road, several other situations might lead to a pedestrian suffering injuries in an accident. Here are some scenarios where negligent driving might cause a pedestrian accident:
Pedestrians have no bodily protection when they are walking or running, causing pedestrian accidents to be more severe and more likely to result in death. Severe injuries that pedestrians might suffer in traffic accidents include:
If you bring a civil suit against the driver who harmed you in a pedestrian accident, you might receive punitive and compensatory damages if the court rules in your favor. Courts reserve punitive damages for extreme cases, including intentional harm and gross negligence. Courts primarily award compensatory damages to a pedestrian accident victim as a way to compensate him or her for economic and non-economic losses incurred as a result of any injury.
Here are some of the most commonly awarded compensatory damages that an injured individual might recover in a Nevada pedestrian accident case.
If you have lost a child or another loved one as a result of a pedestrian accident, you should contact an attorney to determine your eligibility to seek compensation. Nevada law allows for surviving family members, depending on their relationship with the deceased, to sue for damages in a wrongful death suit. Eligible family members might receive some of the previously-listed damages as well as funeral expenses, burial costs, and other non-economic damages specific to the relationship between the family member and the deceased. The compassionate personal injury attorneys at Benson & Bingham Accident Injury Lawyers, LLC can advise you on the best course of action for you and your family.
The dry, warm weather of Nevada encourages its residents and tourists alike to commute on foot, when possible. With this influx of pedestrians, however, comes an uptick in the number of pedestrian accidents. We’ve compiled answers to some of the most frequently asked questions regarding Nevada pedestrian accidents. Read on for more information.
Injuries in pedestrian accidents can range from mild to extremely serious and life-threatening. As a result, the first order of business in any pedestrian accident is to ensure the victim’s safety and health. Move out of any traffic or unsafe areas. If any victim is seriously injured, call 911 immediately. You must also render aid if possible, under Nevada law.
If victims aren’t seriously injured, stay on the scene and wait for law enforcement (911 will notify law enforcement). Failure to stay on the scene opens you up to criminal prosecution of leaving the scene. (This doesn’t apply if EMTs determine you need emergency treatment.)
Exchange insurance and contact information with all involved drivers, which the law also requires. Law enforcement officers will develop an accident report based on what the officers see and hear. They will discuss the accident with drivers, pedestrians, and passersby, if applicable. You should get a copy of the crash report once completed.
It’s also prudent to take pictures of the accident scene if you carry a camera or smartphone. Pictures provide evidence of what occurred, and help prove responsibility for the accident.
When law enforcement indicates that you may leave, seek medical attention as soon as possible. People can experience injuries that do not have symptoms at first. Some of these, such as mild traumatic brain injury and broken ribs, can have serious consequences if left untreated. Never assume you’re okay just because you feel okay, or feel only minor cuts and bruises.
Keep all records of diagnosis and medical treatment. Follow all recommendations to the letter.
Nevada is a fault state for vehicle accidents. If you or a loved one suffers injuries because another party caused an accident, you are entitled to seek what lawyers term “damage compensation” from that party. Damage compensation is financial compensation for the harm you’ve suffered.
Damage compensation for victims falls into these categories:
Victims can file a Nevada pedestrian accident suit seeking these damages or file a claim with the at-fault party’s insurance carrier. That’s one of the reasons you should gather all involved parties’ insurance information at the scene.
What happens if a victim dies in a pedestrian accident? If the situation would have entitled the victim to bring a Nevada pedestrian accident suit had he or she survived, certain family members or the estate can bring a wrongful death suit.
Wrongful death claims seek compensation for:
Individuals entitled to bring wrongful death claims in Nevada include:
If you can reasonably argue that the decedent provided support to you (If you were a child, spouse, stepchild, or other relative), you may also qualify to bring a wrongful death suit.
Unfortunately, many Nevada drivers operate their vehicles without adequate car insurance required by state law. While that may preclude victims from approaching an insurance company for damage compensation, it does not preclude bringing a Nevada pedestrian accident suit in court.
For many reasons, some locations in Nevada pose a particular danger to pedestrians. As a result, Nevada is unfortunately in the top 10 U.S. states for the number of pedestrian deaths. In fact, Nevada ranks number six, with 2.76 deaths per every 100,000 people every year.
In the most recent year that the Nevada Department of Transportation kept statistics, pedestrian deaths climbed to 99 from 80 the previous year, even as the whole number of people killed in traffic accidents dropped.
Dangers to pedestrians include:
If you have further questions, contact the experienced legal team at Benson & Bingham Accident Injury Lawyers, LLC.
If you were harmed in a pedestrian accident while visiting Nevada or going about your daily life as a resident, contact Benson & Bingham Accident Injury Lawyers, LLC at (702) 382-9797 or online for a free consultation to determine the best path forward given your circumstances.
“Michelle has been amazing, she’s been helpful and responsive to all my questions and concerns. It was my first time being involve in a car accident and she was with me every step of the way. I will be eternally grateful for her service.” -Jovanna Y.