Not every case of a car hitting a pedestrian results in the driver bearing fault. In your case, the driver could be at fault, the pedestrian could have acted negligently, or some other party could have acted (or failed to act) in a way that caused or contributed to the accident.
Who Could Be at Fault in a Pedestrian Accident
The person driving their vehicle could be at fault in this situation. For instance, they could have been speeding and did not have enough time to stop before the crosswalk. This would make the driver negligent.
A pedestrian who was not looking for cars coming in their direction and jaywalked could be found to be primarily at fault for the accident, though. Just because the pedestrian is physically vulnerable in a vehicle collision does not mean they are automatically blameless.
Also, the municipality responsible for maintaining the sidewalks, traffic lights/signs, and the road could be at fault. This party might have failed to clean up debris, causing a car to skid onto the sidewalk and harm a pedestrian who was walking where they were legally allowed to do so.
How to Prove Negligence in a Pedestrian Accident
You will have to prove that the party that caused your accident was not acting as they should in order to collect a settlement or judgment. Start by displaying the following:
The Other Party Owed You a Duty of Care
Regardless of the status of the other party, they likely owed you an unspoken contract of safety. For instance, the Centers for Disease Control and Prevention (CDC) reports that almost half of all pedestrian accidents involve alcohol. If a driver hit you, it could have been because they decided to drive intoxicated. This is a negligent act, and any results it caused could entitle you to damages.
The Other Party Violated This Duty
If they were a driver, they were not supposed to hit you while walking. If you were the driver and the other party walked in front of your vehicle, then they acted negligently.
This Violation Caused Your Accident
You will need to prove this by using evidence like:
- The accident report
- Eyewitness testimony
- Video recording
- Your testimony
- Expert medical witnesses that can attest to how you were likely injured
- The vehicle operator’s driving record (if you were the pedestrian)
Your Lawyer Can Take On Your Case for You While You Recover
You do not want to be fighting with tricky insurance adjusters at this time. You might be coping with a permanent injury and trying to balance your regular expenses and accident losses while temporarily out of work.
Legal representation can free up some time in your schedule and enable you to work with someone who files insurance claims and personal injury lawsuits for a living. Utilize the resources, experience, and knowledge of your lawyer. You do not need to scramble to educate yourself about Nevada law after suffering harm in a pedestrian accident.
Let your lawyer:
- Negotiate with the insurance company
- File paperwork
- Assign a value to your losses
- File a lawsuit, if necessary
- Collect and analyze evidence to prove your claim
- Inform you of your rights and options
Types of Damages Potentially Available in Your Case
Depending on how the accident affected you, you could be eligible for past and future compensatory damages like:
- Medical bills
- Pain and suffering
- Car repairs
- Lost wages
- Emotional anguish
- Loss of enjoyment of life
- Loss of consortium with a partner
If You Lost a Loved One in a Pedestrian Accident
We could help you seek justice for your pain and your losses in this circumstance. Financial compensation may not be enough to heal your pain, but an award can lessen your stress.
You could recover:
- Your loved one’s medical bills prior to their passing
- Funeral costs, burial costs, etc.
- Loss of consortium
- Loss of guidance
- Car repairs
You Have a Limited Time to File a Lawsuit
According to NRS §11.190(4)(e), you have two years to file a personal injury or wrongful death lawsuit. Your lawyer will help you keep within this time frame. There might also be circumstances in your case that could allow you to toll this timeline.
Bernstein & Poisson’s Attorneys Want to Help You and Your Family
You can call Bernstein & Poisson at (702) 633-3333 for a free consultation regarding your case and who could be at fault for your car accident involving a pedestrian.
You do not owe a cent until we win a settlement or judgment for you. Our firm operates on a contingency-fee-basis so that you do not have to worry about paying out of pocket for legal representation.