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The Nevada Strategic Highway Safety Plan states that 6,283 pedestrians were killed in traffic crashes across the United States last year, and there were 89 pedestrian fatalities and 158 serious injuries in Nevada alone that same year. Zero Fatalities Nevada, the state’s Traffic Safety Education Program, works to bring these numbers down, but injuries and fatalities continue to happen.
A pedestrian accident is often the result of some other party’s negligence, but many people can be confused about who can be liable in these cases and how claims may be filed. You will want to be sure you have a Las Vegas pedestrian accident lawyer handling your case because they will have the best possible understanding of which laws apply to your case and how much compensation you could be entitled to. An attorney will be able to walk you through the entire claims process, so reach out to Cloward Trial Lawyers today.
The Centers for Disease Control and Prevention (CDC) state that one pedestrian dies about every 75 minutes in the United States, and one in six people killed in motor vehicle accidents are pedestrians. Alcohol was involved for a driver and/or pedestrian in almost half (46 percent) of crashes causing pedestrian death, with 13 percent involving a driver with a blood alcohol concentration (BAC) of at least 0.08 and 32 percent involving a pedestrian with a BAC of at least 0.08.
Actions of drivers operating motor vehicles are often the most common causes of pedestrian accidents, and possible causes can include but are not limited to:
Some of the causes listed above could be difficult for people to prove, such as when a driver was distracted by a cell phone or something else. An attorney could be able to subpoena a driver’s phone records to prove they were using their phone at the time of an accident.
Many people who are involved in pedestrian accidents involving drunk drivers will ask whether their cases qualify for holding businesses liable for overserving drivers, but Nevada Revised Statute (NRS) § 41.1305 establishes that any person who serves, sells, or otherwise furnishes an alcoholic beverage to another person who is 21 years of age or older cannot be liable in a civil action for any damages caused by a person to whom the alcoholic beverage was served, sold, or furnished.
NRS § 202.055, however, makes it a misdemeanor for a person to serve alcohol to a minor under 21 years of age, and it is possible for people to pursue claims against other people who serve alcohol to minors.
Not all pedestrian accidents necessarily involve motor vehicles, however. Pedestrians can also be harmed as the result of:
Pedestrian accidents that involve motor vehicles rarely end well for pedestrians because such people typically have no protection whatsoever when they are struck by automobiles. The result in these cases is often that pedestrians suffer major injuries that will require extensive medical care.
Some of the most common kinds of pedestrian injuries can include, but are not limited to:
Whether your injuries are life-changing or relatively minor, you still deserve compensation for your medical expenses and other losses. Never assume your injuries are too minor or too serious to pursue a claim.
A University of Nevada, Las Vegas (UNLV) Center for Crime and Justice study analyzing Metro crash data found there were 21,943 crashes across 5,171 intersections, heavily concentrated across 20 intersections. Sahara Avenue and Decatur Boulevard had 54 injury crashes, or about one per week, making it the intersection with the most crashes.
Another report shows that the intersections of Flamingo and Pecos Roads, Interstate 215 (I-215) and Interstate 15 (I-15) along with Boulder Highway at Nellis Boulevard had 28 fatal crashes over the past three years. Other dangerous intersections in the Las Vegas area include:
If you have been injured in a car accident, slip and fall, or any other accident, you need the services of a dedicated Las Vegas personal injury law firm to ensure that your rights are protected.
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People who suffer any kind of injury in a pedestrian accident have the right to seek financial compensation, commonly known as damages. Compensatory damages will often involve a combination of economic damages and noneconomic damages.
Economic damages are verifiable losses that people can prove with receipts or bills. Some of the common kinds of economic damages include:
Noneconomic damages are intangible kinds of harm that cannot be quantified. These damages could include:
Pedestrian accidents causing wrongful death claims may involve such damages as:
A final kind of damages is punitive damages or exemplary damages, but punitive damage awards are quite rare in personal injury cases as they require an additional element beyond simple negligence. Punitive damages are only available in cases in which negligent parties engage in oppression, fraud, or malice under NRS § 42.005.
Fraud is defined as an intentional misrepresentation, deception, or concealment of a material fact known to a person and made with the intent to deprive another of their rights or property or otherwise injure them. Malice is conduct intended to cause injuries, or that involves a conscious disregard for the rights or safety of others.
Oppression subjects a person to cruel and unjust hardship with a conscious disregard for their rights. Conscious disregard means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.
NRS § 42.005 establishes that punitive damages cannot exceed three times the amount of compensatory damages awarded to a person if the amount of compensatory damages is $100,000 or more, or $300,000 when the amount of compensatory damages awarded to a person is less than $100,000. There is no limit on punitive damages when a driver is convicted of a DUI offense.
People need to understand that one of the reasons pedestrian accidents can be so difficult is that insurance companies representing negligent parties are rarely willing to admit that their clients were at fault. Instead, many insurers try desperately to pin as much blame as possible on the pedestrians themselves and claim that pedestrians were to blame for their injuries.
Most pedestrian accident cases will involve a negligence claim, in which a person must prove the following:
Some of the ways in which insurance companies will try to pin the blame on pedestrians are by calling attention to when pedestrians cross streets in areas other than crosswalks, do not follow traffic signals, walk on roads where pedestrians are prohibited, or dart in front of cars without giving drivers enough time to stop.
NRS § 41.141 establishes that in any action to recover damages for death or injury to people or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of a person or their decedent will not bar recovery if the negligence was not more than the negligence or gross negligence of the parties to the action against whom recovery is sought.
This means that in a pedestrian accident case, a person is allowed to file an injury claim as long as they are not 50 percent or more responsible for the accident. If a jury awards a person $100,000 for a pedestrian accident but finds them to be 15 percent responsible for the accident, the award is reduced by $15,000, and the person recovers $85,000.
Drivers of motor vehicles are typically the liable parties in many pedestrian accident cases, but there can be instances in which other parties could be liable. Governmental entities, for example, can be liable for dangerous roadways, motor vehicle part manufacturers can be liable for any defective parts that cause accidents, and building owners can be liable when their property plays a role in a pedestrian accident.
It is not impossible that a person could be struck by a driver who did not have any kind of car insurance, and these cases can be more complicated because although such drivers can still be personally liable for damages, they may not have enough personal wealth to cover a jury award.
Pedestrians may be able to recover compensation through their own insurance companies in such cases by way of uninsured or underinsured driver policies, and police reports will be critical to these kinds of claims, and an attorney can help any person who is dealing with a driver who either does not have insurance or has insurance with very low limits that likely will not be enough to cover the damages in the case.
If you suffered catastrophic injuries or your loved one was killed in any kind of pedestrian accident in the greater Las Vegas area, you cannot wait another moment to seek legal help with your case. Get in touch with Cloward Trial Lawyers as soon as you can because we will be able to immediately step in and take control of your case so you can be on the road to recovery that will help you recover all of the compensation you need and deserve.
Our firm represents people on a contingency fee basis, so you will not have to pay us at all unless we win or settle your case. You can call (702) 605-5000 or contact our Las Vegas pedestrian accident attorneys online to schedule a free consultation.
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The experienced team at Cloward Trial Lawyers has an impressive track record and has earned an unparalleled reputation in the legal community for its extensive expertise and exceptional client service.
You won’t have to pay large attorney’s fees unless you win your case. We believe our clients should receive the best representation without having to worry about a costly and stressful fee structure.
We consistently strive for the best outcomes for all of our clients and our track record of successful rates speaks for itself: 99% of victories achieved in personal injury cases.
We are devoted to guiding our clients through with the highest level of care, so they can feel secure knowing we will be by their side throughout the entire process.
At Cloward Trial Lawyers, we can address all of your legal questions and concerns and advocate for you every step of the way. What follows are the answers to some common questions that arise in the wake of your pedestrian accident.
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Boat accidents are often highly confusing situations for people to navigate. Some of the important steps people will want to be sure they take will include:
While this is a very common question, there is rarely a solid answer. The reason it is hard to pin down a specific value is that the value of a pedestrian accident case is often changing as people continue to accumulate medical bills and lost wages. Many different factors can dictate how much compensation a person will be able to recover.
This is another answer that can vary depending on the situation. When injuries are more on the minor side and liability is not really in question, then a case could be wrapped up in only a matter of months. When an insurance company is disputing a person’s claims or injuries are particularly serious, then it is possible that a case could stretch out over several years.
The Nevada Department of Motor Vehicles and Nevada Department of Transportation state that pedestrians must use sidewalks and the nearest crosswalks, pedestrian bridges, or tunnels, obey official traffic control devices, stay on the right-hand half of a crosswalk, walk on the left side of the street facing traffic when no sidewalk is available, not suddenly walk into the path of a vehicle so that it is impossible for a vehicle to yield, and not cross an intersection diagonally unless the intersection is specifically designed for such purpose.
NRS § 484B.280 establishes that the duties of a driver of a motor vehicle to pedestrians are that they must exercise due care to avoid collisions with pedestrians, give audible warnings with horns of vehicles when appropriate and necessary to avoid a collision, and exercise proper caution upon observing a pedestrian on or near a highway, street or road, at or near a bus stop or bench, shelter or transit stop for passengers of public mass transportation or in the act of boarding a bus or other public transportation vehicle, or in or near a school zone or a school crossing zone.
You need to understand that insurance companies love it when people choose to represent themselves because the average person is typically not capable of negotiating the kind of settlement an attorney can achieve. In many cases, insurers offer people lump-sum settlements that are nowhere near what they are actually entitled to, and accepting such an offer is especially risky because if a person later learns that the settlement will not be enough to cover all of their expenses, they will not have any ability to recover any additional damages. One study found that victims who hired attorneys received 40 percent more in settlements with insurance companies than those who represented themselves.