Las Vegas Pedestrian Accident Lawyer

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Pedestrian accident

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If you suffered injuries in a pedestrian accident in Las Vegas, it is crucial to seek the assistance of a skilled personal injury lawyer right away to ensure that you receive maximum compensation for your losses. If you delay filing a personal injury claim, or try to handle your case on your own, you could lose your right to recover a fair settlement.

Las Vegas pedestrian accident lawyer George T. Bochanis has been fighting for the rights of injury victims in Nevada since 1985. George accepts personal injury cases on a contingency fee basis, so there are no upfront attorney fees or unexpected out-of-pocket costs to file your injury claim. Our law firm will gather evidence, interview witnesses, analyze accident reports, and consult with accident reconstruction experts if necessary to ensure you receive fair compensation for your medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.

Call the injury lawyers at the George Bochanis Injury Law Offices for a free consultation.  (702) 388-2005. There is NO FEE unless we win your case.

Why Hire a Pedestrian Accident Lawyer?

Hiring a Las Vegas Pedestrian Accident Lawyer significantly increases your chances of recovering full and fair compensation. In fact, various studies indicate that pedestrian accident victims who hire an experienced attorney receive up to three times more compensation than those without legal representation. Without an injury attorney on your side, you’ll face the insurance company, their lawyers, and their unethical tactics on your own.

A Las Vegas pedestrian accident lawyer will:

  • Review the details of the accident to help determine all responsible parties.
  • Help you obtain medical treatment for your severe injuries.
  • Calculate all possible recoverable damages for which you are eligible.
  • Negotiate with the insurance company.
  • File a personal injury lawsuit on your behalf.
  • Present evidence to establish negligence.
  • Interview witnesses and work with accident reconstruction experts.

Since most pedestrian accident lawyers offer a free consultation and work on a contingency basis, where the fee comes out of accident victims’ settlement or jury award, you won’t pay attorney fees unless you win your case.

The Most Common Injuries From Pedestrian Accidents in Nevada

Pedestrians have a higher risk of sustaining serious injuries in an accident due to the lack of protection against the mass of a vehicle. Some of the most common pedestrian accident injuries include head injuries and spinal cord injuries, damage to internal organs, broken bones, and crush injuries. These types of injuries can lead to a permanent disability that can impact the victim’s quality of life. Serious injuries can also lead to hospital stays and long rehabilitation time that result in massive medical expenses and can affect the injured party’s ability to work.

In the most severe cases, these crashes result in pedestrian deaths.

Who Is Eligible for Compensation After a Pedestrian Accident?

When a person is hit by a car, and the pedestrian is not the at-fault party, personal injury law in Las Vegas holds that the injury victim is entitled to financial compensation from the negligent driver and his or her insurance company. Compensation might be recovered through a pedestrian accident claim (known as personal injury claims) against the insurer, or by filing a personal injury lawsuit. 

When pedestrian fatalities happen because of a careless motorist in Las Vegas, experienced pedestrian accident attorneys can help qualifying family members file a wrongful death claim to recover compensation and hold the liable party accountable. If the case is successful, the plaintiffs will be awarded damages to replace the expenses that were incurred because of the decedent’s death. In some cases, a lawsuit can also be filed on behalf of the decedent’s estate to recover compensation that would otherwise have been paid if the accident victim had survived.

Compensation Available for Injured Pedestrians

Three types of damages are generally available in a pedestrian accident lawsuit. These are economic damages, non-economic damages, and punitive damages, which might be awarded if the behavior of the liable party was especially egregious. A Las Vegas pedestrian accident attorney cannot guarantee how much you will receive for your injuries. However, he or she can go over the details of your pedestrian accident case and provide you with a fairly accurate estimate.

Economic Damages

Economic damages provide compensation for the direct costs associated with the pedestrian injuries. These are costs that have a set monetary value that can be used to calculate compensation. This can also include future costs that might be incurred due to the accident. Economic damages are usually the primary basis on which a settlement is built. They might include:

Medical Bills

Medical bills do not just include hospital bills incurred immediately after the accident has taken place. Ambulance rides, prescriptions, rehabilitation, and medical device costs also fall under this category. Future medical expenses, such as ongoing doctor visits and follow-up surgeries, are also included. If the victim requires in-home medical care, a settlement will also help pay for nursing services.

Lost Wages and Income

If the victim of the accident misses time from work due to the accident, he or she can recover lost earnings. This can also include future income that will be missed due to recovery time or because of a permanent disability. If the victim missed out on a career opportunity, bonuses, or employment-related benefits because of the accident injuries, that can also be included as economic damages in the settlement or awarded amount.

Non-economic Damages

Non-economic damages are losses that do not have a tangible value associated with them. Since these losses are subjective, they are usually based on the victim’s economic damages and determined by the jury.

Some examples of non-economic damages include:

  • Pain and suffering
  • Emotional distress
  • A decrease in quality of life
  • Loss of consortium, or the loss of the ability to have a normal relationship with a partner 
  • Scarring or permanent disfigurement

Punitive Damages

If the accident was due to extreme negligence or malicious intent, punitive damages might also be awarded. Punitive damages are assessed to punish the wrongdoer and discourage similar behavior from happening in the future.

Wrongful Death Damages

If the accident was fatal, family members may be able to recover compensation for their own losses through a wrongful death lawsuit. The personal representative of the estate can also file a claim to recover the compensation that would have been paid to the victim if he or she had not died. When wrongful death claims and survival actions are successful, economic damages include all the medical costs and lost wages that would be available in a pedestrian personal injury claim, as well as additional costs that are only associated with a fatality, like funeral or burial costs. Additional non-economic damages in wrongful death actions can include the emotional distress of losing a loved one and loss of consortium for the loss of a relationship with a partner, parent, or child. 

To file a wrongful death lawsuit, the plaintiff has to be a qualifying family member, or “heir”. This can include a spouse or domestic partner, children, or a parent if there is no spouse or child. Only the personal representative of the decedent’s estate can file a survival action.

Schedule your FREE initial consultation with pedestrian attorneys in Las Vegas now.

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Common Causes of Pedestrian Accidents

Pedestrian accidents are often caused by driver negligence. Factors that might impact a driver’s ability to avoid pedestrian accidents include driving while impaired, speeding, running stop signs or red lights, and distracted driving. Distracted driving can include cell phone use, talking to passengers in the car, and other behaviors that take the driver’s attention away from the safe operation of the vehicle.

Malfunctioning traffic signals, inadequate lighting, and poorly-designed intersections, crosswalks, and roadways also contribute to accidents that cause severe injuries and pedestrian deaths.

Who Can Be Held Liable in a Pedestrian Accident?

Various parties may be able to be held liable in a pedestrian accident. For instance, the accident victims may be able to sue a negligent driver, a motor vehicle parts manufacturer, or a government agency in charge of maintaining traffic signals. In some cases, mutiple defendants exist in a single pedestrian accident case.

Steps to Follow if a Pedestrian Is Hit by a Car

The steps you take in the moments after suffering a pedestrian injury can significantly impact your wellbeing as well as your ability to recover maximum compensation. Las Vegas pedestrian accident lawyers offer the following advice to victims and their families.  

Assess Possible Injuries From the Accident

The first action to take after a pedestrian accident is to call 9-1-1 and get emergency medical help on the way. Assess the victim for serious injuries that might need immediate medical attention. If there are head, neck, or spinal cord injuries, moving the victim can exacerbate the injuries and increases the risk of permanent disability or death. If the pedestrian injuries do not require immediate medical care, then move to a safe location out of the road.

Report the Accident to the Police

Even if medical services are not required at the scene of the accident, report the accident to the police. Law enforcement will create a police report that may be helpful if you decide to pursue compensation through a personal injury claim or lawsuit. While it is important that you cooperate with police, avoid offering any unnecessary information or your opinions about what happened. Doing so could jeopardize the success of a personal injury claim.

Gather the Responsible Party’s Information and Identify Witnesses

If you are able to do so, you will need to gather information and evidence from the accident scene. Take photos or videos with your cellphone or a camera. Be sure to capture the position of the vehicle, as well as the surroundings. Also, identify possible witnesses to the accident and get their contact information in case a witness testimony is required. 

Get Assessed for Injuries by Seeking Medical Treatment

Even if you don’t think you need a trip to the emergency room, seek a medical evaluation as soon as possible after the accident. Some pedestrian accident injuries, like internal bleeding, a traumatic brain injury, or a spinal cord injury, may not present symptoms right away. In some cases, delaying medical treatment could be deadly.

Obtain a Free Initial Consultation with a Pedestrian Accident Attorney

Get legal advice from an experienced attorney. Pedestrian accident lawyers in Las Vegas will be able to investigate the accident, identify all liable parties, negotiate with the insurance company on your behalf, and represent you in court if your personal injury case goes to trial.

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

An injured pedestrian will typically have up to two years after the accident to file a personal injury lawsuit against the responsible party. This is what is known as the statute of limitations, and this is the legal timeframe in which a case can be filed. Sometimes, the statute of limitations may be longer or shorter, however. Working with a pedestrian accident lawyer right away can help ensure you take legal action by the deadline.

If your loved one died in the accident, the statute of limitations for wrongful death actions in Las Vegas will apply. While plaintiffs will still generally have two years to take legal action, time doesn’t begin to run until the date of the victim’s death.

Las Vegas Pedestrian Accident Statistics

Nevada records more pedestrian accidents than any other state. Fatal pedestrian accidents make up 24% of all traffic deaths each year. Over 50% of these fatalities take place where crosswalks are not available. 

According to research, Clark County is where 90% of pedestrian accidents occur. This number has been on the rise since 2019. Many of these accidents have occurred on streets with high speeds posted, and many of these streets do not have adequate crosswalks. Most of these accidents also took place at night, when visibility was reduced and adequate street lighting may not have been available.

Our law firm offers free consultations to injured pedestrians when an accident occurs in Las Vegas, Nevada

Males aged 26-30 are found to be the most likely to be involved in pedestrian-related accidents. Accidents are also more likely to take place Thursday through Saturday. The time of year can also impact how many pedestrian accidents take place.

While drivers owe pedestrians a duty of care to refrain from causing harm, pedestrians also owe a duty of care to drivers on the road by making sure that they follow traffic laws. 

When Can a Pedestrian Be Found Responsible for an Accident?

If a pedestrian does not follow street signs and traffic signals, he or she might be the cause of the accident. A pedestrian might be found partially or fully at fault for an accident due to:

  • Alcohol use, which has impaired judgment
  • Crossing the street out of the available crosswalk, also known as jaywalking
  • Being distracted or inattentive
  • Failing to see a turning car

If the pedestrian is determined to have contributed to the accident, that person may still be able to recover compensation as long as he or she does not hold the majority of fault.

How to Prove Negligence in a Pedestrian Accident

Various types of evidence may play a role in proving negligence in your pedestrian accident claim. Evidence will need to demonstrate that four elements existed at the time the accident occurred. Your lawyer will need to demonstrate that the at-fault party owed you a duty of care, and that the duty was breached. Evidence will also need to show that the defendant’s actions or inaction caused your injuries, and that you suffered some type of economic or non-economic losses because of the actions or inaction.

What Is a Duty of Care?

Duty of care is the legal obligation to act reasonably to avoid causing harm to others. This means following all traffic laws, signs, and signals, and it applies to both drivers of motor vehicles and pedestrians. 

Examples of fulfilling the duty of care on Las Vegas streets include:

  • Maintaining the posted speed and going slower when conditions require it
  • Looking both ways when going through an intersection
  • When making a turn, making sure all crosswalks are clear
  • Crossing in the designated crosswalks if you’re a pedestrian

Breach of Duty of Care

To show that the duty of care was breached, your attorney will provide evidence that the defendant acted in a negligent manner that caused harm to the victim. For example, a drunk driver would be acting negligently by getting behind the wheel while he or she was intoxicated.

Causation

It must then be established that the cause of the injury was the accident that could have been avoided if not for the breach of the duty of care. If the driver had not violated traffic laws, the accident would not have happened and the victim would not have suffered injuries. 

Damages

For a pedestrian accident lawsuit to be viable, the plaintiff must have suffered some type of loss. Although most pedestrian accidents that result in personal injury claims in Las Vegas involve substantial medical bills and other economic losses, legal action can be taken based on non-economic losses as well.

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“I highly recommend George T Bochanis as an accident attorney! His office was amazing to me during my time of need. Everything was handled in a timely manner. The staff was amazing as well especially Lucia who was very attentive and kept me informed! Thank you for taking care of me!”

~ Rose Oundjian

We look forward to listening to your side of the story. Schedule your free consultation with an injury lawyer today.

FAQs About Pedestrian Accidents in Las Vegas

Under Nevada law, pedestrians have the right of way when they are following traffic signals. However, a motor vehicle should still yield to pedestrians even when they are not obeying traffic laws if it will avoid an accident.

Getting insurance companies to pay full and fair compensation for pedestrian injuries can be tough. The plaintiff will need to gather evidence to demonstrate fault and negotiate with the insurance company representatives, who are out to protect their own bottom line. Winning a personal injury case after a pedestrian accident can be especially challenging if victims attempt to handle their cases without legal representation.

When it comes to pedestrian safety, following the four rules below could save your life. First, be sure to use designated crosswalks and follow traffic signals to ensure safe crossings. Second, stay alert and avoid distractions like phones or headphones while walking. Third, make eye contact with drivers before crossing to ensure they see you. Fourth, walk facing traffic when there are no sidewalks available.