Las Vegas Pedestrian Accident Lawyer

Pedestrian accidents continue to become a growing concern in the Las Vegas area. The city has faced double the amount of fatalities compared to 2023. A total of 26 deaths occurred in the first month and a half of 2024, and 15 of them were identified as pedestrians. During this time last year, 14 casualties were caused by pedestrian negligence.

The Las Vegas Metropolitan Police Department stated that these cases were primarily due to pedestrians:

• Taking shortcuts,
• Crossing the street at night, and
• Wearing dark clothing.

These could have all been prevented had protective measures been considered or implemented when sharing the road with others.

With that being said, it is important to understand what has the potential to cause a pedestrian accident, how it can be prevented, and what legal measures should be taken if you get into one. Learning these important details can help promote safer roads to both pedestrians and motorists.

If you sustained bodily harm due to someone else’s negligence while walking around the city, you may be entitled to sue the at fault party to recover damages. At West Coast Trial Lawyers, our Las Vegas pedestrian accident attorneys are available 24/7 to review your case and offer insight on what we believe would be the most ideal approach to take.

We have over 150 years of collective experience handling personal injury claims, and are confident that with our guidance, you will have a greater chance at obtaining maximum compensation. Our services are run under a contingency-fee basis, meaning that you owe us nothing until we settle your pedestrian accident case.

To schedule a free consultation, you can get in touch with us by calling (702) 800-2934 or filling out our quick online contact form.

Common Causes of Pedestrian Accidents in Las Vegas

Various circumstances can trigger pedestrian accidents in Las Vegas. In the sections listed below, we will discuss each of its common causes, what you should do soon after being involved in such an incident, and the preventative measures that can be taken to reduce the chances of it occurring in the future.

Driver Negligence

Pedestrians are vulnerable due to the lack of protection they have compared to others on the road. If they are struck by a driver, they will endure serious or fatal injuries. Common types of driver negligence that can cause bodily harm to pedestrians include:

• Speeding,
• Failing to yield,
• Distracted driving,
• Impaired driving, and
• Drowsy driving.

An injured pedestrian can seek compensation by filing a personal injury lawsuit against the at fault party. Once each side has been evaluated by the court and the settlement has been distributed accordingly, you can use the damages recovered to help pay for costs associated with medical bills and/or therapeutic services needed to heal your wounded area(s).

Pedestrian Negligence

Pedestrian negligence may lead to an accident if either of the following is done:

• Jaywalking on popular roadways,
• Ignoring traffic signals,
• Assuming the right-of-way, or
• Walking while drunk or distracted.

These actions can put pedestrians at risk of getting hit by a vehicle and sustaining severe or fatal injuries. To avoid being put in such a position, you should comply with traffic laws and safely navigate yourself around the city by remaining alert of your surroundings at all times.

Poor Visibility

Poor visibility can affect pedestrians and drivers when navigating themselves on Las Vegas roads. Dim lighting can make it difficult for either party to see clearly, especially if people are wearing dark-colored clothing while walking on a sidewalk or crosswalk. Drivers may notice pedestrians at the very last minute and have a reduced reaction time that will make it difficult for them to prevent a crash from occurring.

Road Designs

Road designs can create pedestrian accidents under the following circumstances:

• Insufficient crosswalks,
• Poorly marked crosswalks,
• Bad lighting, or
• Unclear signages.

Pedestrian accident victims can file a premises liability claim against the government entity or property owner who manages or controls the area in which the incident took place.

Faulty Vehicles

Manufacturing defects can make it challenging for a driver to properly operate a vehicle. Considering the situation, it could ultimately lead to an accident with another motorist, pedestrian, or stationary object.

A product liability lawsuit can be filed against one or more entities associated with the chain of distribution. In such a case, a Las Vegas pedestrian accident attorney can benefit you by recognizing the liable party and submitting a strong claim that may help enhance your likelihood of getting a reasonable settlement.

Common Injuries in a Las Vegas Pedestrian Accident

  Since pedestrians do not have a protective barrier surrounding them, they are more prone to sustain severe bodily harm, or even death. Common injuries have occurred after pedestrian accidents include the following:

• Broken bones,
• Traumatic brain injuries,
• Spinal cord injuries, or
• Crush injuries.

What to Do if a Pedestrian Is Hit by a Car in Las Vegas

Getting hit by a car can be a traumatic experience. Although it is easier said than done, a pedestrian should take action soon after the incident. This includes fulfilling the steps provided in the following sections.

Seek Medical Attention

Accident victims should seek medical attention immediately after the event has taken place. Your doctor will examine the injury and determine a diagnosis. Once that information has been shared, they will give you a medical treatment plan for you to follow to help improve your condition.

Your doctor visits, procedures, and/or medical prescriptions will all be saved on file and can be used as proof that you suffered bodily damage as a result of the defendant's negligence.

Contact Law Enforcement

If you notice injuries or damages after the pedestrian accident, you should reach out to law enforcement for help. They will arrive at the scene and conduct a police report. You may request a copy of this written documentation to use as evidence in your personal injury lawsuit.

Share Information with All Parties Involved

Be sure to exchange the following information with all parties involved in the pedestrian accident:

• Name,
• Insurance information,
• Contact details,
• Driver's license, and
• Vehicle license number.

Gather Evidence

You should try to obtain as much evidence as you can, like:

• Photographs of your injury, damages, and the accident scene,
• CCTV footage,
• Witness statements,
• Journal or diary entry of what you saw,
• Copy of the police report, and
• Copy of your medical records pertaining to the injury you endured in the pedestrian accident.

Hire a Las Vegas Pedestrian Accident Lawyer

It can be stressful dealing with a personal injury lawsuit on your own, especially if you are trying to recover. At West Coast Trial Lawyers, our Las Vegas pedestrian accident lawyers will take on the difficult tasks while you focus on healing from physical and/or emotional trauma.

Our legal team is committed to delivering justice to accident victims, and will do our best to ensure we get you a fair settlement.

Who Can Be Held Liable in a Las Vegas Pedestrian Accident?

Determining liability in a pedestrian accident will require you to collect evidence that involves the three elements of negligence, which are:

• The defendant owed you a duty of care,
• The defendant breached their duty of care, and
• The defendant's reckless behavior was the primary cause of your injuries and/or damages.

Once you present these to your Las Vegas pedestrian accident attorney, they will evaluate the situation and determine the negligent party. Potential defendants may vary for each victim.

Driver

Drivers are required to provide a duty of care to others when sharing the road. Failing to comply with Las Vegas’s traffic laws can trigger a pedestrian accident. In such a case, the driver may face legal consequences, like fines or penalties. Punishments may worsen if serious injuries or fatal pedestrian accidents occur.

Pedestrian

Similar to drivers, pedestrians also have the responsibility of maintaining a safe road environment. Performing negligent actions that violate the city’s rules and regulations can put themselves and others at risk of getting harmed or killed.

Even if a pedestrian triggers an accident, a driver would still need to avoid crashing into an individual or motorist whenever possible. Legal consequences may be enforced if they are unable to do this.

Under Nevada's modified comparative negligence law, compensation will be distributed based on the amount of recklessness committed by both sides. If you are found to be more than 51 percent accountable for the pedestrian accident, you will not recover compensation.

Government Entity

Government entities may be held liable for pedestrian accidents if they fail to:

• Resolve road hazards,
• Fix malfunctioning traffic lights, or
• Provide safe roadway designs.

You can submit a complaint to have either of these issues resolved. If the government agency does not improve these conditions in a reasonable time period, they may face multiple lawsuits filed by injured pedestrians.

Under Nevada Revised Statutes 41.036, a pedestrian accident victim can first file an administrative claim directly with the local government. You will be given two years from the date of when your injury occurred to do this. The statute of limitations may also apply if you plan on suing the government entity in court regardless of whether you choose to do the first option.

Entities Involved in the Chain of Distribution

A faulty vehicle can potentially cause a pedestrian accident if the following flaws occur:

• Unresponsive brakes,
• Tire blowouts,
• Defective lighting system, or
• Acceleration problems.

Given the scenario, potential defendants may include the:

• Manufacturer,
• Distributor,
• Retailer, or
• Repair company.

To identify the liable party, you will need to collect evidence and present it to a Las Vegas personal injury lawyer. They will evaluate the details provided and pinpoint the at fault party.

Pedestrian Accident and Wrongful Death in Las Vegas

A wrongful death occurs when a person passes away as a result of someone else's negligence. If a pedestrian accident involves a fatality, the decedent's estate or surviving family may take legal action against the liable party to seek damages. Particular individuals or entities who are entitled to sue are the:

• Personal representative (estate),
• Spouse,
• Children,
• Parents,
• Siblings, or
• Anyone entitled to the property of the decedent by intestate succession.

In Nevada, you will be granted two years from the initial date of the victim's passing to file a wrongful death claim. Typically, the following damages are awarded:

• Medical expenses,
• Funeral and burial costs,
• Loss of financial support,
• Emotional distress, and
• Loss of companionship.

Damages Available in a Las Vegas Pedestrian Accident Case

Available damages in a Las Vegas pedestrian accident case will vary depending on the factors involved. Injured pedestrians will receive different outcomes that usually involve economic damages and non-economic damages. Punitive damages could also be awarded, but are rarely given.

Economic Damages

Economic damages are financial losses you endured as a result of the pedestrian accident. This includes:

• Current and future medical care,
• Lost wages, and
• Loss of earning capacity.

Non-Economic Damages

Non-economic damages compensate for intangible costs, like:

• Emotional distress,
• Loss of enjoyment of life, and
• Pain and suffering.

Punitive Damages

Punitive damages serve to punish wrongdoers for exhibiting egregious behavior by enforcing them to provide additional pay on top of compensatory damages. The intent of this is to prevent similar conduct from occurring in the future.

Under Nevada Revised Statutes 42.005, you will need to prove certain elements, like whether the defendant's actions were associated with fraud, malice, or intentional harm.

Punitive damages will have a cap of:

• $300,000 if you receive compensatory damages that are less than $100,000 or
• Three times the amount of compensatory damages you are given if the figure is $100,000 or more.

There is no limit amount for punitive damages if any of the factors listed below apply:

• Manufacturing defects,
• Defamation,
• Discriminatory housing practices,
• Bad faith insurance, or
• Bodily injury caused by toxic or harmful material.

How Long Do I Have to File a Pedestrian Accident Lawsuit in Las Vegas?

You will be given two years from the date of when the incident occurred to file a pedestrian accident claim against the negligent party. Although it seems like enough time to pursue legal action, you should act quickly. Be sure to collect a substantial amount of evidence and hire the right personal injury law firm to represent you.

Reach Out to Our Las Vegas Pedestrian Accident Lawyers Today

If you were involved in a pedestrian accident and would like to take legal action against the negligent individual or entity, our Las Vegas legal team at West Coast Trial Lawyers are readily available to assist. We will guide you through each step of the legal process to ensure you get the justice and compensation you deserve for your losses.

To schedule a free consultation with one of our experienced pedestrian accident attorneys, we welcome you to reach out by calling (702) 800-2934 or completing our easy online contact form.