Pedestrian Accident Lawyers in Las Vegas
Las Vegas is a walking city. While we have one of the highest vehicle ownership rates of any major city, people make the most out of having so many necessities easily accessible by foot. Visitors could literally walk the entire Las Vegas Strip in just 90 minutes. One would believe that an area with so much foot traffic would have mechanisms in place to prevent pedestrian accidents. If such resources do exist, however, they’re seemingly ineffective. Our city has a major problem in this regard. If you or a loved one were injured while walking, a pedestrian accident lawyer in Las Vegas may be able to help.
At Bernstein & Poisson, we love that our city has so much to offer. In our years of experience serving the area, though, we’ve seen pedestrian accident statistics get consistently worse. The Nevada Current asked in 2019, “Why so many pedestrian deaths?” Years later, these numbers were still rising. Over a recent one-year period, there was an astounding increase of 35% in pedestrian fatalities. The Nevada Current had an answer to why these rates were increasing: “Southern Nevada is literally built that way.” Of course, statistics mean little to victims who are dealing with serious injuries. If you’ve been hurt in a pedestrian accident, schedule a free consultation at Bernstein & Poisson today.
Do You Have a Valid Pedestrian Accident Case?
Las Vegas personal injury lawyers see cases of all types. However, there’s one question that injury victims consistently ask regardless of how they were hurt: “Do I have a valid personal injury claim?” This is a good question to ask — because it will dictate how you should move forward. Under Nevada state law, any successful pedestrian accident claim will involve specific elements. These include a duty of care, the liable party violating a duty of care, and a victim sustaining damages caused by that violation. While the presence of these three elements will not guarantee financial compensation, proving them is necessary in a personal injury lawsuit.
A person has a duty of care when they engage in most activities. This is essentially a responsibility to avoid actions that could harm others. Motorists have a duty not to engage in behaviors that could harm pedestrians. If they violate this duty — such as by driving drunk — the potential for harm exists. Of course, a personal injury claim cannot be filed merely because someone was dangerous behind the wheel. Their actions must also directly cause damages. For instance, a drunk driver who hits a pedestrian could be liable for damages related to medical bills, emotional distress, and a variety of other expenses and non-monetary losses.
If these elements exist in your pedestrian accident claim, you may very well be entitled to compensation. A personal injury attorney can help you better understand your case, whether you’re entitled to recover damages, how to best move forward, and if you may be eligible for more than compensatory damages. Let a Las Vegas pedestrian accident attorney at Bernstein & Poisson help you make sense of your case and take some of the burdens off your shoulders.
What Are the Most Common Pedestrian Injuries?
It’s an unfortunate fact, but pedestrian accident injuries are often catastrophic in nature. It’s easy to understand why. After all, drivers can sustain serious injuries even when they’re protected by a 3,000-pound motor vehicle. When you put a person on foot up against an automobile, though, the situation can quickly turn tragic. Recognizing the most common injuries suffered in these accidents is key to understanding why maximum compensation from a personal injury claim is often so substantial. If you or a loved one were struck by a motor vehicle, you’re most likely to suffer the following injuries:
- Broken bones
- Traumatic brain injuries
- Internal and organ damage
- Spinal cord injuries
- Disfigurement or amputation
- Crush injuries
- Soft tissue damage
Any of these injuries can lead to significant burdens for injured pedestrians. You’ll often find yourself out of work at a time when medical bills are piling up. Additionally, you could need years of treatment in order to reach Maximum Medical Improvement (MMI). Sadly, there are also accident victims whose injuries prove fatal. In such a case, you may be entitled to file a wrongful death claim against the at-fault party. Regardless of the underlying circumstances, it’s important that you don’t make any assumptions and that you seek legal representation prior to discussing settlements with an insurance company.
At Bernstein & Poisson, you’ll work with a pedestrian accident lawyer in Las Vegas who will tirelessly advocate for your rights. And since we know things are likely difficult, we’ll handle your case on a contingency-fee basis. This means you won’t pay anything unless we secure a fair settlement or court award on your behalf. Contact us today to schedule a free consultation.
Who Is At Fault in Pedestrian Accidents?
Even though hundreds of thousands of people walk down the Las Vegas Strip daily, our city doesn’t automatically assume pedestrians have the right of way. This means everyone needs to take safety precautions when walking. Of course, even the most safety-conscious person can be harmed due to distracted driving and other negligent behaviors by motorists. The real question in any personal injury case is who’s at fault, and in some cases, the answer may surprise you. In fact, there could be multiple liable parties even when only two people are involved in an accident.
For instance, envision a scenario where someone is struck by an underage drunk driver while walking along the Strip. That driver will obviously be named in any pedestrian accident lawsuit or claim, but what if the underage individual was served alcohol an hour earlier at a private party? While Nevada doesn’t have dram shop laws that can hold liquor-serving establishments culpable, this isn’t the case for private individuals illegally serving alcohol. In this situation, the person who provided the beverages and the driver could be on the hook for damages after severe injuries occur.
It’s also possible that pedestrians themselves could be partially liable for their injuries. Nearly two-thirds of these accidents occur outside of crosswalks. While this doesn’t necessarily mean a pedestrian shares liability, it does show that these cases can get complex. What if someone walked in the street while ignoring traffic signals? What if they suddenly fall into traffic? Thanks to Nevada’s modified comparative negligence rules, an injured pedestrian may still be able to recover compensation even if they’re partially at fault. This is why it’s so important to speak with an accident lawyer in Las Vegas after involvement in such an incident.
What Are the Common Causes of Pedestrian Accidents?
Clearly, establishing fault under personal injury law can be difficult. Liability for a pedestrian crash will not always be assigned to motorists. Additionally, it’s possible that multiple parties could be at fault. For instance, what if illegal obstructions on a construction site force pedestrians to walk into the street and encounter a distracted driver? To better recognize who might possibly be at fault in any of these situations, it’s necessary to understand why the accident occurred. Here are the most common causes of pedestrian accidents:
- Left-hand turns
- Unmarked or faded crosswalks
- Distracted drivers
- Distracted pedestrians
- Drunk driving
- Inexperienced drivers
- Failure to yield
- Improperly crossing roadway
Clearly, liability can fall on many parties. However, making an assumption of fault can prove damaging. Someone could pay for their own medical treatment — believing they caused the accident — without realizing that another party is partially responsible for their injuries. Others have quickly accepted unfair settlement offers from insurance companies because they thought it was the best they could do. Don’t go this route. Since you can access a free initial consultation at Bernstein & Poisson, there’s literally no reason to make any decisions without first seeking legal advice.
What’s the Statute of Limitations on Pedestrian Accidents in Nevada?
An accident victim has a lot on their plate after suffering an injury. However, they cannot let these burdens hinder their quest seeking justice and fair compensation. That’s because every personal injury case has a deadline by which it must be filed. In Nevada, the statute of limitations on pedestrian accidents is two years. Any pedestrian personal injury claim filed outside of this timeframe will likely be dismissed. There are some exceptions and nuances to this rule, but most people will not qualify for them. This means that your first call after seeking medical treatment should be to a pedestrian accident lawyer in Las Vegas.
It’s worth noting that the statute of limitations on wrongful death cases in Nevada is also two years. In any case, though, what if a person’s major injuries didn’t come from the accident itself? What if someone broke their arm in such an accident — but upon seeking treatment — they were the victim of a medication error? If this caused serious injuries, they would have less time to file a case. That’s because the statute of limitations for Nevada medical malpractice claims is just one year in most cases. Again, the nuances of the law can prove complex in any of these situations. This is why it’s so important to have a personal injury lawyer on your side.
Contact a Pedestrian Accident Attorney in Las Vegas Today
No one should have to fear for their own safety or the safety of a loved one while walking on Las Vegas streets. Unfortunately, that’s exactly what they have to do, thanks to driver negligence and the reckless actions of others. These personal injury claims have the possibility of securing substantial financial compensation, but this is only due to the extreme injuries possible in such accidents. While everything might seem overwhelming now, a Las Vegas personal injury attorney may be able to help you get through this difficult time. There’s no doubt a tough road ahead, but at Bernstein & Poisson, you don’t have to navigate it alone.Our law firm has served Las Vegas and the surrounding area for four decades. Our commitment is to helping injured pedestrians and other injury victims who are seeking justice. Our city and state are getting progressively more dangerous for those who get around on foot. When you combine those who commute by walking with individuals strolling down the Vegas Strip while visiting, it’s clear that negligent motorists are a recipe for disaster. If you or a loved one have been hurt by a reckless party, contact us today by calling (702) 707-5934. Our pedestrian accident lawyers in Las Vegas are ready to advocate for justice on your behalf.
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”
I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
When a Lawsuit Is Filed
Overcoming Common Defense Themes
Special Considerations in Specific Types of Cases