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Nevada Pedestrian Accident Lawyer

Pedestrians are known to be vulnerable road users. Since they have no protective barrier surrounding them while they are walking on the sidewalk or crosswalk, they are at a higher risk of sustaining severe or fatal injuries after a collision.

Although strategies are implemented to help reduce the number of pedestrian accidents in Nevada, safety issues are still a growing concern. Factors, like reckless driving or poorly constructed roadways, can make it challenging to maintain a secure environment for pedestrians to occupy. Those who fall victim to such an accident can file a lawsuit against the liable party to recover compensation.

At West Coast Trial Lawyers, we have over 150 years of collective experience in handling personal injury claims. Due to our successful track record of delivering client satisfaction, we are confident that we will meet your legal needs and recover maximum compensation on your behalf. We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case.

To schedule a free consultation with a top-rated Nevada pedestrian accident lawyer, you can get in touch with our 24/7 legal team by calling (702) 222 - 9285 or completing our convenient online contact form.

Pedestrian Accident Statistics in Nevada

Low shot of pedestrians' feet as they cross at a crosswalk.  

According to Zero Fatalities, about 25 percent of Nevada's deaths have involved pedestrians. From 2016 to 2020, a total of 381 fatal crashes occurred, and 391 pedestrians were killed. 89 percent of these deadly crashes took place on urban roads. Another report, shared by a vehicle data website called Bumper, stated that Nevada ranks 13th in pedestrian deaths in the United States.

Nevada Pedestrian Right-of-Way Laws

Nevada has enforced several right-of-way laws to protect pedestrians from putting themselves in danger. Some of these include the following:

  • Pedestrians cannot abruptly leave a curb or other safe location and go directly into the path of a vehicle, especially if it makes it impossible for the driver to yield on time. (Nevada Revised Statutes 484B.283(b)).
  • Pedestrians should obey traffic signs and signals to know when it is safe for them to cross the road and when to wait. (Nevada Revised Statute 484B.283(d)).
  • Pedestrians must yield the right-of-way to vehicles when crossing a highway at any point other than within a marked or unmarked crosswalk (Nevada Revised Statutes 484B.287(a)).
  • Pedestrians should, whenever possible, walk on the right half of crosswalks (Nevada Revised Statutes 484B.293).

Where Do Most Pedestrian Accidents Occur in Nevada?

Although pedestrian accidents have occurred across many cities in Nevada, two in particular have documented multiple cases within these past few years. These locations are known as Las Vegas and Clark County.

Las Vegas

The Las Vegas area experienced a total of 26 deaths during the first month and a half of 2024. It was reported that 15 of these were pedestrian fatalities and 14 of them were caused by pedestrian error. Incidents like this have increased compared to this time last year when 14 deaths were recorded and six of them involved pedestrians.

Clark County

According to Zero Fatalities, from 2015 to 2019, Clark County had the highest number of fatal pedestrian accidents in Nevada. About 89 percent of these deadly crashes took place on urban roads.

Common Causes of Pedestrian Accidents in Nevada

Close up view of a distracted driver on their phone behind the wheel.

Common causes of pedestrian accidents consist of a wide range of factors. It is crucial to learn each one sectioned below to help reduce the number of future cases and to ensure pedestrians are safe when out for a walk.

Driver Negligence

Drivers are required to provide a duty of care to everyone they share the road with. Unfortunately, some may feel compelled to go against Nevada laws by doing one or more of the following:

  • Exceeding the posted speed limit,
  • Driving while distracted, or
  • Drunk driving.

If such actions are committed and an accident occurs as a result, the injured pedestrian can sue the negligent driver to recover compensation.

Pedestrian Negligence

Similar to drivers, pedestrians are also obligated to share the road with others and comply with traffic rules and regulations. Failing to do this can trigger a pedestrian accident, especially if either of the following is done:

  • Jaywalking against oncoming traffic,
  • Distracted walking,
  • Strolling around the area while drunk, and
  • Ignoring traffic signs and signals.

Road Hazards

Road hazards, like potholes, debris, and uneven pavement, will increase the risk of an accident. These factors may trigger a slip and fall, which could lead to serious pedestrian injuries.

A poorly marked intersection can also create confusion for drivers and pedestrians, leaving either side to make decisions that may ultimately result in a bad outcome.

Under such circumstances, the property owner or government entity who owns and maintains the area may be held liable if they failed to:

  • Resolve the problem within a reasonable period of time or
  • Place warning signs around the hazardous area to prevent pedestrians from entering.

Poor Weather Conditions

Poor weather conditions can affect a pedestrian's safety in more than one way. It can:

  • Reduce visibility,
  • Produce slippery surfaces on sidewalks and crosswalks, and
  • Create road hazards.

Common Injuries in a Pedestrian Accident

Common injuries a pedestrian accident may cause include the following:

  • Broken bones,
  • Spinal cord injuries,
  • Traumatic brain injuries, and
  • Internal injuries.

Bodily harm will vary depending on the intensity of the impact. If you were seriously harmed after a pedestrian accident, you should get checked as soon as possible to receive proper medical treatment to help prevent the wounded area from worsening.

What to Do After a Pedestrian Accident in Nevada

A driver who stepped out of his car to help a pedestrian he hit.

It is crucial to be prepared for pedestrian accidents at all times in order to protect your safety and legal rights. Although it can be difficult to act quickly soon after such a traumatic event, you should still try to prioritize fulfilling the following steps sectioned below.

Contact Law Enforcement

If any injuries and/or damages are present at the accident scene, you should contact your local law enforcement. Once they arrive, they will create written documentation of the incident in which you can request a duplicate to use in your personal injury claim.

Gather Evidence

Be sure to collect as much evidence as you can. This includes the following:

  • Pictures of your injury, damages, and where the pedestrian accident occurred,
  • CCTV footage,
  • Witness statements,
  • A copy of your medical records, and
  • A copy of the police report.

Seek Medical Care

You should get medical care soon after a pedestrian accident. Your physician will examine the wounded area and advise you to follow a medical treatment plan to help with your recovery. If you delay this process or do not visit a specialist, the opposing side may argue that your injury is not as critical as you described or that another factor could have provoked it.

Hire a Nevada Pedestrian Accident Attorney

To better your likelihood of obtaining a fair settlement, you should hire a personal injury law firm, like West Coast Trial Lawyers, to represent you. Our Nevada pedestrian accident attorneys will evaluate your case and determine what necessary steps should be taken to ensure you get the compensation you deserve for your losses.

Wrongful Death and Pedestrian Accidents

If a fatal pedestrian accident occurs, a wrongful death lawsuit can be filed against the liable party to seek damages. The following individuals can pursue legal action on behalf of the deceased victim:

  • Spouse,
  • Children,
  • Siblings,
  • Parents, and
  • Personal representative of the decedent's estate.

Under Nevadas Revised Statutes 11.190 (4)(e), you will be given two years starting from the date of the victim's passing to sue. If a wrongful death claim has not been submitted before the deadline, the decedent's estate or surviving family will no longer have the opportunity to file a lawsuit.

Available damages in a wrongful death case include:

  • Medical bills,
  • Funeral and burial costs,
  • Loss of financial support, and
  • Loss of companionship.

Who Can Be Held Liable in a Pedestrian Accident?

To prove liability in a pedestrian accident, you will need to obtain evidence and present it to your Nevada pedestrian accident attorney. They will evaluate the information provided and identify who the at fault party is. Potential defendants include:

  • Drivers,
  • Pedestrians, and
  • Government entities.

Under Nevada's modified comparative negligence law, you will recover damages as long as you are not more than 50 percent liable for the pedestrian accident.

How to Prevent Pedestrian Accidents

To prevent pedestrian accidents from happening, it is important to learn about the protective measures listed below. This will not only help people get into less collisions, but will also promote awareness and safer road conditions for everyone.

Pedestrians

  • Use designated crosswalks.
  • Wear bright or reflective clothing to appear visible to others.
  • Do not allow distractions, like electronic devices, to affect your focus on the road.
  • Avoid going out for a walk while under the influence.

Drivers

  • Yield to pedestrians.
  • Comply with Nevada's traffic laws.
  • Do not drink and drive.
  • Do not let distractions obstruct your view of the road.

How Long Do I Have to File a Pedestrian Accident Claim in Nevada?

You will be granted two years from the date of when the incident occurred to file a pedestrian accident claim in Nevada. Although you are given a substantial amount of time to take legal action against the opposing side, it is encouraged that you act immediately after the event to ensure you get enough evidence and the right Nevada pedestrian accident attorney to represent you.

If you fail to submit your lawsuit before the deadline, you will no longer be able to pursue compensation.

What Damages Are Available in a Nevada Pedestrian Accident Case?

Available damages in a pedestrian accident lawsuit in Nevada will vary depending on what factors are involved. Usually, economic damages and non-economic damages are awarded. Under certain circumstances, punitive damages could also be given.

Economic Damages

Economic damages are financial expenses you sustained as a result of the pedestrian accident, like:

  • Medical bills,
  • Lost wages, and
  • Property damage.

Non-Economic Damages

Non-economic damages are associated with intangible losses you suffered after the incident, such as:

  • Emotional distress,
  • Loss of consortium, and
  • Pain and suffering.

Punitive Damages

Punitive damages are awarded to punish the wrongdoer for exhibiting egregious behavior and to prevent similar conduct from occurring again later on. It is rarely awarded in a personal injury case. You will need to prove how the defendant committed fraud, malice, or intentional harm to receive punitive damages.

Our Nevada Pedestrian Accident Attorneys Are Here to Help

If you were involved in a pedestrian accident due to a negligent person or entity, you can file a personal injury claim against them to obtain compensation. At West Coast Trial Lawyers, our Nevada pedestrian accident attorneys can guide you through each stage of the legal process to ensure you get maximum compensation.

To schedule a free consultation, you can reach out to us by calling (702) 222 - 9285 or finishing our easy online contact form.

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