Las Vegas is filled with countless pedestrians walking the strip, sidewalks and crosswalks at any time of the day or night. These pedestrians should not have to fear for their safety, but in the presence of negligent drivers, they may be struck and injured. These injuries can be catastrophic or even deadly.
If you or someone you care about has been involved in a pedestrian-related accident, it is important to know your rights and potential legal options. At Bernstein & Poisson, we recognize the hazards faced by pedestrians every single day. Our Las Vegas pedestrian accident attorneys have helped many injured victims and their families in claims involving distracted, drunk and otherwise negligent drivers.
These cases can be complex, but our attorneys have the resources and skills to pursue the maximum compensation possible. With over 60 years of combined experience, we know what it takes to protect the rights and interests of the injured. The consultation is free and there are no upfront fees to hire us.
Am I Eligible to File a Case?
This is a question we are ready to answer in a free case review. Not every pedestrian accident is the same. Factors unique to your situation will need to be evaluated, such as the nature and extent of your injuries, medical care you have received and your anticipated recovery time.
Pedestrian accident cases generally center around the legal concept of negligence. Negligence is the failure to behave with the level of care that a reasonable person would have in a similar situation. This can be difficult to prove without an experienced lawyer on your side.
Negligence has four elements, which all must be proven by your Las Vegas pedestrian accident attorney:
- The party at fault owed you a duty of care – A driver is responsible for acting as safely as possible on the road by obeying all traffic laws to prevent an accident and causing harm.
- The party at fault breached the duty of care – A driver can fail to uphold the duty of care by speeding, ignoring traffic signals or signs or driving while distracted, intoxicated or drowsy.
- The at-fault party’s negligence caused your injuries – A driver’s breach of care must have directly led to the accident and caused harm to those involved.
- You suffered actual damages – This could include medical expenses or lost wages.
If you have a case, we are here to help get the justice and compensation you need. We do not charge any fees up front if we take or work on a case and only get paid if we help you obtain a recovery.
For a free legal consultation with a lawyer serving Las Vegas, call (702) 997-6999
How Can a Lawyer Help Me?
Victims of pedestrian accidents with legal representation may have a greater chance of recovering higher compensation than those who do not. A lawyer can investigate your situation and determine who is at fault for causing the accident and any resulting injuries and damages. He or she can help determine if any laws were violated and represent your interests during negotiations with the insurance company.
Insurance companies often try to offer a quick settlement that is not even close to what your case may be worth. They will everything possible to delay, devalue or deny claims to save themselves money.
After an accident, your focus should be on your recovery and not having to worry about handling legal matters. You may even be unsure about what to do next and have questions about your rights.
A qualified Las Vegas pedestrian accident lawyer at our firm is prepared to inform you of your next steps to protect your health and preserve your claim for compensation. We are well-versed in:
- Conducting accident investigations
- Gathering supportive evidence
- Arguing the facts of a case
- Bringing in expert witnesses
- Communicating with insurers
- Negotiating for fair settlements
- And much more
We are here to answer your questions and determine how we may be able to help you. Read some reviews from our satisfied clients. We are available 24/7 to take your call and set up a free consultation.
Personal Injury Lawyer Near Me (702) 997-6999
What is My Pedestrian Accident Case Worth?
The value of a case needs to be determined on an individual basis. We will need to look at the underlying facts and circumstances of the accident, the severity of your injuries and how they have affected your life, among other factors. This information can be discussed in greater detail during a free initial consultation.
Generally, pedestrian accident victims may be eligible to pursue compensation for:
- Costs of medical treatment
- Lost wages and earning potential
- Pain and suffering
- Loss in quality of life
- Loss of consortium
If the victim passes away, certain family members may be able to get compensated for medical costs the victim incurred, funeral and burial expenses and loss of companionship in a wrongful death suit.
Bernstein & Poisson is here to discuss your legal options and fight for maximum compensation for you.
What If the Accident Was Partially My Fault?
Under Nevada’s comparative negligence law, you may still be able to recover damages even if you share some responsibility for the accident. Any amount awarded will be reduced by your percentage of fault.
However, if you are found to be more than 50 percent liable for the accident, you will be barred from compensation. You can only recover for a personal injury if you are less at fault than the other party.
Contact our Las Vegas Pedestrian Accident Lawyer today
Is There a Time Limit to Take Legal Action?
Most claims are settled with the insurance company but if a settlement cannot be reached, it may be necessary to take legal action. Personal injury lawsuits, including those arising from pedestrian accidents, are subject to a statute of limitations.
In Nevada, it is two years from the date of the accident. This two-year deadline also applies to wrongful death suits. Although two years sounds like enough time to file a lawsuit, it also takes considerable time to build a strong case. If you wait too long to file or miss the filing date, your case could be dismissed.
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Pedestrian Rights and Responsibilities in Nevada
Pedestrians may have the right of way in many instances, but they also have a general duty to exercise reasonable care to ensure their safety and the safety of motorists. It is important for pedestrians to always be aware of their surroundings and make eye contact with drivers when sharing the road.
In Nevada, pedestrians have the right of way on crosswalks if they obey traffic signals. Crosswalks exist at every intersection whether marked or not (NRS 484A.065).
- Using the sidewalk and nearest crosswalk when possible
- Obeying official traffic-controlled devices
- Staying on the right half of crosswalks when practical
- Walking on the left side of the street facing traffic if no sidewalk is available
- Not suddenly walking into the path of a vehicle, making it impossible for the driver to yield
- Not crossing an intersection diagonally unless authorized by a traffic-control device
Even if a pedestrian unlawfully crosses the street, drivers are required to always exercise caution to avoid an accident. Drivers who fail to yield to pedestrians at both marked and unmarked crosswalks can be charged with a misdemeanor and receive up to $1,000 in fines and possible jail time.
At Bernstein & Poisson, we are well-versed in Nevada personal injury and pedestrian-related laws and how they may apply to your situation. We know what it takes to assess fault in these types of cases.
What to Do If Involved in a Pedestrian Accident
Injuries from pedestrian accidents can range from mild to severe and life-threatening. To protect your well-being and your legal rights, there are important steps to take after a pedestrian accident.
- If you are seriously injured, call 9-1-1 and seek medical care immediately
- Otherwise, stay on the scene and wait for law enforcement to arrive
- Exchange insurance and personal information with all involved parties
- Take pictures of the scene, your injuries and damage to property
- Gather contact details from anyone who witnessed the accident
Even if you feel fine or sustain minor cuts and bruises after the accident, it is still important to have a doctor evaluate you. Many victims often experience injuries that have delayed or hidden symptoms. A traumatic brain injury, for instance, can have serious consequences if left untreated.
Once you get medical attention, you should consult with a licensed Las Vegas pedestrian accident lawyer as soon as possible. The sooner you reach out, the sooner he or she can review your potential case, explore your available legal options, and start the process of pursuing compensation on your behalf.
Main Causes of Pedestrian Accidents
Many pedestrian accidents happen when motorists violate traffic laws. When drivers do not uphold their duty towards those who they share the road with, pedestrians can be hit and suffer a variety of injuries.
Some ways negligent driving may cause a pedestrian accident include:
- Driving under the influence of drugs, alcohol or medication
- Failing to yield to pedestrians at an intersection or crosswalk
- Driving while distracted by using a cellphone, eating or drinking
- Failing to look for pedestrians when making a turn
- Driving while drowsy, which can lead to falling asleep at the wheel
- Going too fast for weather or traffic conditions
- Failing to stop at a red light or stop sign
Call Our Las Vegas Pedestrian Accident Lawyers
The lawyers at Bernstein & Poisson know how devastating a pedestrian accident can be for you and your loved ones. We have over six decades of experience helping victims of negligence recover compensation for their injuries and damages. Contact our firm to learn more about your rights and if you have a case.
We offer free and confidential consultations. There is no risk or legal obligation involved. We charge nothing up front to take or work on a case. We only get paid if we help you obtain compensation.
Our Las Vegas office is located less than 10 minutes from the Valley Hospital Medical Center.