Pedestrian accidents can have long-lasting consequences. If you were the victim of one, a Nevada pedestrian accident lawyer can help you seek justice.
The attorneys at Sweet James have over 25 years of experience helping accident victims. If you were hit by a car while crossing the street, a Henderson pedestrian accident lawyer can help you pursue compensation for your losses.
What Can a Henderson Pedestrian Accident Attorney Do for Me?
A pedestrian accident lawyer can help with every aspect of your personal injury claim. Specifically, your lawyer can:
- Investigate the incident: A lawyer can collect police reports, witness statements, and available video footage to establish how the crash occurred and who is responsible.
- Calculate your damages: An attorney can evaluate your medical expenses, lost wages, and long-term care needs to determine the true value of your claim.
- Handle insurance negotiations: A lawyer can manage all discussions and negotiations with insurance companies and push for a fair payout.
- File a lawsuit: if the insurance company refuses to offer a fair settlement, an attorney can file a lawsuit and present your case before a judge or jury.
What Types of Compensation Are Available?
A pedestrian accident can result in significant financial losses. You may be entitled to both economic and non-economic damages, including:
- Medical expenses: You can recover the cost of emergency care, hospital stays, surgeries, rehabilitation, and any ongoing treatment necessary for your recovery.
- Lost wages: You can seek compensation for income you lost while you were unable to work due to your injuries.
- Loss of future earning capacity: You can claim additional damages if your injuries impact your ability to earn the same level of income in the future.
- Pain and suffering: You can pursue compensation for the physical pain and emotional distress caused by the accident.
- Property damage: You can recover the value of personal items damaged in the crash, such as phones, clothing, or medical devices.
- Long-term disability costs: You can seek damages for ongoing care needs, including home modifications, assistive devices, or in-home assistance.
- Loss of enjoyment of life: You can recover damages if your injuries prevent you from participating in activities you previously enjoyed.
- Punitive damages: You can pursue punitive damages in cases involving especially reckless or intentional misconduct from the at-fault party.
A personal injury lawyer can help make sure all of your losses are incorporated into your claim.
What Is the Statute of Limitations for Pedestrian Accident Claims in Nevada?
Nevada law limits the amount of time you have to file a personal injury lawsuit after a pedestrian accident. According to NRS 11.190(4)(e), the statute of limitations is usually two years from the date of the accident.
If you miss this deadline, you will be barred from recovering any compensation, regardless of the strength of your case.
Who Is Liable in Nevada Pedestrian Accidents?
While drivers are often at fault for pedestrian accidents, they are not the only parties who can be held responsible. Depending on how the accident happened, multiple parties may share liability, including:
- The driver: The driver can be held liable if they were speeding, distracted, impaired, or otherwise failed to yield.
- A commercial vehicle employer: An employer can be liable if the driver was working at the time of the crash and the company’s policies, training, or negligence contributed to the accident.
- A vehicle owner: A vehicle owner can be responsible if they allowed someone unfit to drive their vehicle to do so or failed to maintain the vehicle in a safe condition.
- A government entity: A city, county, or state agency can be liable if unsafe road design, missing signage, or poor maintenance contributed to the crash.
- A third-party driver: Another driver can be responsible if their actions indirectly caused the collision, such as if they forced a sudden stop or unsafe maneuver.
Nevada enforces a modified comparative negligence rule, which means you cannot recover damages if you are found to be at least 51% at fault for the crash. If you are less than 51% at fault, you can recover compensation, but your total award will be reduced by your percentage of fault.
Common Causes of Pedestrian Accidents in Henderson
Henderson pedestrian accidents often result from preventable driver behavior. Common causes include:
- Distracted driving: A driver who is texting, adjusting the car’s controls, or otherwise not paying full attention to the road may fail to notice a pedestrian entering a crosswalk or crossing at an intersection.
- Failure to yield: This typically happens at crosswalks and intersections when a driver continues through without stopping for a pedestrian who has the legal right of way.
- Speeding: Higher speeds reduce a driver’s reaction time and make it far more difficult to avoid a pedestrian who steps into the roadway.
- Impaired driving: Alcohol and drugs can slow a driver’s reaction time and impair their judgment, making accidents more likely.
- Poor visibility: Nighttime conditions, glare, weather, or inadequate lighting can make pedestrians difficult to spot until it is too late to stop safely.
- Aggressive driving: Unsafe behaviors like rushing through yellow lights or making quick turns without checking for pedestrians often lead to preventable collisions.
A Henderson personal injury lawyer can collect evidence to determine the cause of your accident.
What to Do After a Pedestrian Accident in Henderson
The steps you take after a pedestrian accident can affect both your physical recovery and your ability to recover compensation. Make sure to:
- Report the accident: Contacting law enforcement ensures the crash is officially documented in a police report that may be important for your claim.
- Collect evidence: Photos of the scene, vehicle damage, traffic signals, and surrounding conditions can help establish how the accident happened.
- Get witness information: Request contact information from anyone who saw the accident occur.
- Seek immediate medical care: Even if your injuries seem minor, it’s important to get evaluated to rule out internal injuries and document your condition.
- Avoid settling early: The first offer from the insurance company will probably be worth much less than you deserve. Don’t agree to anything or sign anything until you speak to a pedestrian accident lawyer serving Henderson.
- Contact a lawyer: Our lawyers can investigate your accident and help you build a strong claim.
Contact Our Pedestrian Accident Lawyers Serving Henderson
A pedestrian accident can affect every aspect of your life. If you were injured by a negligent driver, a Henderson pedestrian accident attorney from Sweet James can deal with the insurance company and fight for a fair settlement so you can focus on your recovery.
Book a free case review to learn more about your legal options.
