Las Vegas experiences thousands of pedestrian accidents and fatalities each year. Most of these pedestrian accidents are caused by some degree of negligence, either by action or inaction. If you have injuries from a pedestrian accident caused by another person’s lack of care, you may be able to hold them liable for your damages and losses. That is where the help of an experience personal injury attorney comes in.
Understanding Pedestrian Accidents
A pedestrian accident ensues when an individual – walking, running, jogging, or hiking – is struck by a motorized vehicle. Whether it happens in a crosswalk, on a sidewalk, or the side of the road, the impact is often significant.
These accidents often stem from driver negligence, such as:
- Distracted driving: Texting or talking on the phone while behind the wheel
- Impaired driving: Operating a vehicle under the influence of alcohol or drugs
- Speeding: Driving above the posted speed limit, reducing reaction times
- Failure to yield: Ignoring crosswalks and pedestrian right-of-ways
Unfortunately, pedestrians are exceptionally vulnerable in such scenarios, having little to no protection against the impact of a vehicle.
Injuries resulting from pedestrian accidents can vary from minor to severe, such as:
- Minor injuries: Cuts, bruises, or scrapes
- Major injuries: Broken bones, spinal cord damage, traumatic brain injuries
- Fatalities: In the most tragic scenarios, the accident can lead to loss of life
Even a low-speed impact can inflict serious harm due to the stark size and weight difference between a vehicle and a pedestrian. Alongside physical injuries, victims often suffer from emotional trauma and distress, impacting their mental health and overall quality of life.
At Jack Bernstein Injury Lawyers, our commitment is to provide our clients with all-around support, helping them navigate the legal intricacies of pedestrian accidents. We’re prepared to protect your rights and fight for the justice you deserve.
What to Do if You’ve Been in a Pedestrian Accident
Experiencing a pedestrian accident can be a frightening and confusing event. As such, knowing what steps to take immediately following the accident can be critical in helping secure the compensation you deserve.
- Seek Immediate Medical Attention:
Your health is paramount. Regardless of whether your injuries seem minor or severe, seek medical help immediately. A medical professional will not only treat your injuries but will also create medical records that can serve as crucial evidence in your claim.
- Document the Scene:
If you can, take photos or videos of the accident scene. This might include the vehicle involved, your injuries, the surrounding area, and any property damage.
- Witness Information:
Gather contact information from any witnesses at the scene. They can provide key statements to corroborate your account of the accident.
- Police Report:
Ensure that a police report is filed. This official documentation provides a formal account of the incident, which can be essential in your claim.
- Insurance Communication:
Be aware that the driver’s insurance company may contact you soon after the accident. It’s crucial to let all communication pass through your attorney to avoid any statements that could potentially harm your case.
Navigating the Claims Process
After a pedestrian accident, it’s essential to understand how to navigate the claims process effectively:
- Report the Accident: Notify your insurance company about the accident as soon as possible.
- File a Claim: Begin the process of filing a claim with the at-fault driver’s insurance company.
- Time Limit: Be aware that there’s a statute of limitations for filing a claim. In Nevada, you generally have two years from the date of the accident to file a personal injury claim.
- Shared Fault Rules: Nevada operates under a “shared fault” rule. This means if you’re found to be partially at fault for the accident, it could reduce the amount of compensation you receive.
How Jack Bernstein Injury Lawyers Can Help You
At Jack Bernstein Injury Lawyers, we have a well-established track record of advocating for victims of pedestrian accidents. We understand the complexities of these cases and how to navigate the legal landscape effectively.
Our experienced team prioritizes open communication, ensuring our clients are fully informed throughout the process. We’ll handle the arduous task of negotiating with insurance companies, allowing you to focus on your recovery.
From conducting a thorough investigation to vigorously representing your interests in court if necessary, our commitment is to secure the justice and compensation you deserve.
Types of Compensation in Pedestrian Accident Cases
As a victim of a pedestrian accident, you may be entitled to various types of compensation, including:
- Medical Bills: Costs related to emergency room visits, hospital stays, surgeries, and future medical care.
- Lost Wages: Compensation for the income you lost due to the accident and any decreased earning capacity.
- Pain and Suffering: This is compensation for the physical pain and emotional distress caused by your injuries.
- Loss of Enjoyment: Compensation for the decrease in your quality of life or inability to participate in activities you once enjoyed.
The amount of compensation you receive can be influenced by the shared fault rule. If you’re found to be partially at fault for the accident, it could reduce your compensation by the percentage of your fault. Rest assured, at Jack Bernstein Injury Lawyers, we’ll work relentlessly to present a compelling case on your behalf, aiming to secure the highest possible compensation.
Las Vegas Pedestrian Accident FAQs
What if I am not a resident of Nevada – should I still contact you?
Absolutely. Despite not being a Nevada resident, it is essential to contact us if you’re involved in a pedestrian accident in Las Vegas. With our 40 years of experience in the area, we understand Nevada state laws, local procedures, and have a strong network of resources to handle your case effectively.
What’s the risk in speaking directly with insurance companies after a pedestrian accident?
Insurance companies often aim to minimize the amount they pay out. They might attempt to twist your words or rush you into accepting a lowball offer. It’s advisable to let all communication go through your attorney to protect your interests.
If I have health insurance, do I still need to file a claim after a pedestrian accident?
Yes. Health insurance may cover your medical costs, but it won’t compensate for lost wages, pain and suffering, and other damages you may be entitled to after a pedestrian accident.
What are the key differences between a pedestrian accident claim and a car crash claim?
While both involve motor vehicles, a pedestrian accident often results in more severe injuries due to the lack of protection. This can impact the compensation amount. Also, different laws and regulations may apply when pedestrians are involved.
I may have been partially at fault for the accident. Can I still recover compensation?
In Nevada, you can still recover compensation if you’re less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
What should I do if I was involved in a hit-and-run pedestrian accident?
After ensuring your immediate medical needs are addressed, report the incident to the police. Then, reach out to your attorney. Even if the driver isn’t identified, there may be options for seeking compensation, such as through your own uninsured motorist coverage.
How long does a typical pedestrian accident case take to resolve?
The duration of a case can vary greatly based on the specifics. Factors include the complexity of the case, the willingness of the parties to negotiate, and court schedules. Your attorney can give you a better estimate based on your situation.
How is the value of my pedestrian accident case determined?
Case value is determined by a combination of factors, including medical expenses, lost wages, future care needs, pain and suffering, and more. An experienced attorney can help you calculate a fair and comprehensive figure.
Contact Us for a Free Consultation
If you or a loved one have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced personal injury lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your accident claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.