Gladiator Injury Law: Pedestrian Accidents

PEDESTRIAN ACCIDENTS

Pedestrians lack the protection to mitigate serious harm or fatalities when they are struck by motor vehicles, making pedestrian accidents among the most severe in all traffic accidents. While pedestrians may contribute to accidents by jaywalking, the majority of pedestrian accidents are caused by careless or negligent motorists. If you have suffered injuries as a pedestrian due to a driver’s actions while running or walking, you have the legal right to seek damages from the driver who hit you, as long as you do so within the statute of limitations. For a consultation to discuss the details of your accident and determine your eligibility for compensation, contact Gladiator Injury Law at (702) 758-4240.

Causes of Pedestrian Accidents in Nevada

Distracted drivers and those who fail to obey traffic control devices are often responsible for causing the majority of pedestrian accidents. However, when motorists neglect their duty towards fellow road users, various situations can lead to pedestrians suffering injuries in accidents. Here are some scenarios where negligent driving can cause pedestrian accidents:

  1. Driving under the influence of controlled substances, including alcohol, drugs, and medication.
  2. Fatigued or drowsy driving, which can result in falling asleep at the wheel.
  3. Failure to yield for pedestrians at intersections or crosswalks.
  4. Driving while distracted by cell phones, food, drink, daydreaming, or any other activity that diverts attention from the road.
  5. Careless driving, such as driving too fast for weather or traffic conditions.

Pedestrians Suffer Severe Injuries During Accidents

Pedestrians are highly vulnerable when walking or running since they lack bodily protection. Consequently, pedestrian accidents often result in severe injuries and a higher likelihood of death. Some common severe injuries that pedestrians may sustain in traffic accidents include:

  1. Fractured and broken bones in multiple areas of the body.
  2. Head traumas, even with helmet usage, which can lead to lifelong struggles from traumatic brain injuries.
  3. Lacerations and deep cuts that are prone to scarring.
  4. Road rash.
  5. Internal organ damage and bleeding caused by the impact of the accident.
  6. Neck and back injuries that can cause chronic pain even after corrective surgery.
  7. Spinal cord injuries that can result in temporary or permanent, partial or full paralysis.
  8. Joint dislocations, particularly in the hips and shoulders.
  9. Amputations when limbs are caught between objects or under a vehicle.

Recovering Damages After a Nevada Pedestrian Accident

If you file a civil lawsuit against the driver who caused your pedestrian accident, you may be eligible to receive punitive and compensatory damages if the court rules in your favor. Punitive damages are reserved for extreme cases involving intentional harm or gross negligence. Compensatory damages, on the other hand, aim to compensate the pedestrian accident victim for economic and non-economic losses resulting from the injury. Some common compensatory damages that injured individuals may recover in a Nevada pedestrian accident case include:

  1. Medical expenses, including ambulance rides, emergency services, hospital stays, surgeries, radiology, follow-up care, and prescription medication.
  2. Future medical expenses for severe or catastrophic injuries requiring ongoing and indefinite treatment and care.
  3. Rehabilitation expenses for specialists helping injured individuals regain function, such as physical therapists.
  4. Lost income when the pedestrian must miss work due to the accident, injury, and recovery.
  5. Lost future wages when a severe injury prevents a person from returning to gainful employment.
  6. Pain and suffering.
  7. Loss in quality of life.
  8. Loss of consortium with a spouse.
  9. Other non-economic damages specific to the case.

If you have lost a child or another loved one in a pedestrian accident, it is advisable to consult an attorney to determine your eligibility to seek compensation. Nevada law permits surviving family members, depending on their relationship with the deceased, to file a wrongful death suit and seek damages. Eligible family members may receive some of the previously mentioned damages, as well as compensation for funeral expenses, burial costs, and other non-economic damages specific to the relationship between the family member and the deceased. The compassionate personal injury attorneys at Gladiator Injury Law can provide guidance on the best course of action for you and your family.

Nevada Pedestrian Accident Frequently Asked Questions

With the increase in pedestrian activity, there is also a rise in pedestrian accidents. Here are answers to some frequently asked questions regarding pedestrian accidents in Nevada:

What should I do if I or a loved one suffers injuries in a pedestrian accident?

  1. In any pedestrian accident, the first priority is to ensure the victim’s safety and health. If the victim is seriously injured, immediately call 911. Move out of traffic or unsafe areas and provide aid if possible, as required by Nevada law. If the injuries are not serious, stay at the scene and wait for law enforcement to arrive. Exchange insurance and contact information with all involved drivers as mandated by law. Law enforcement will create an accident report based on their investigation, and you should obtain a copy of the report. If you have a camera or smartphone, it is advisable to take pictures of the accident scene as evidence. After receiving clearance from law enforcement, seek medical attention as soon as possible, even if you feel fine initially. Some injuries may not exhibit immediate symptoms but can have serious consequences if left untreated. Keep records of diagnosis and medical treatment and follow all recommendations.

What types of compensation are victims of pedestrian accidents entitled to?

  1. In Nevada, as a fault state for vehicle accidents, if you or a loved one sustains injuries due to another party’s fault, you are entitled to seek compensation for the harm suffered. Compensation for victims falls into several categories, including medical bills (current and future), lost income from work, the lifetime value of wages if the person cannot work permanently, personal property damage, pain and suffering, and more. Victims can either file a pedestrian accident lawsuit in Nevada to seek these damages or file a claim with the at-fault party’s insurance carrier. Gathering insurance information from all parties involved in the accident at the scene is crucial for this purpose.

What if a pedestrian dies in an accident?

  1. If a pedestrian dies in an accident and the circumstances would have allowed the victim to bring a pedestrian accident lawsuit if they had survived, certain family members or the estate can file a wrongful death suit. Wrongful death claims seek compensation for medical costs related to the deceased’s final illness or injury, funeral and burial expenses, lost wages and benefits, personal property damage, loss of companionship, care, and affection, and more. The individuals entitled to bring wrongful death claims in Nevada include the surviving spouse or domestic partner, child(ren) of the decedent, parents (if no surviving spouse or child), and the personal representative of the decedent’s estate. In certain cases, other relatives may also qualify to bring a wrongful death suit if they can demonstrate that the decedent provided support to them.

What if an uninsured driver hits a pedestrian?

  1. While it is unfortunate that many Nevada drivers operate their vehicles without adequate car insurance as required by state law, it does not prevent victims from pursuing a pedestrian accident lawsuit in court. Victims can still seek compensation through legal action, even if the at-fault driver is uninsured.

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