Pedestrian Accident Claims in Southern Nevada: What to Do After
- Sarah Banda
- 4 days ago
- 6 min read
A pedestrian accident can change your life in seconds. Being hit by a car in Nevada can result in serious injuries, expensive medical treatment, lost income, and significant physical and emotional pain. Unlike people protected by a vehicle, pedestrians have little protection when struck by a car, truck, or SUV.
If you or a loved one has been injured in a pedestrian accident, you may be wondering: What should I do after being hit by a car? How do I file a pedestrian accident claim? Who is responsible for my injuries? And how much compensation can I recover?
The answers depend on the circumstances of the accident and the extent of your injuries. Understanding the pedestrian accident claims process in Nevada can help you protect your rights and make informed decisions about your case
Understanding the Pedestrian Accident Claims Process
Filing a pedestrian accident claim involves several key steps. Each step demands attention and action. The process starts immediately after the accident and continues until your claim is resolved. Here’s what you need to know:
Seek Medical Attention Immediately
Your health is the priority. Even if injuries seem minor, get checked by a medical professional. Some injuries show symptoms later. Medical records will also serve as critical evidence in your claim.
Follow your healthcare provider's treatment recommendations and keep records of your appointments, medications, diagnostic testing, physical therapy, and other medical care.
Report the Accident to Authorities
If you are physically able to do so, make sure the pedestrian accident is reported to law enforcement.
A police report may document important information, including:
The location of the accident
The date and time of the collision
The driver involved
Statements from the driver and witnesses
Road and traffic conditions
Observations made by the investigating officer
Citations or other information concerning the collision
Obtain a copy of the police report when it becomes available.
Gather Evidence at the Scene
If you are able to safely document the scene, take photographs or videos of the area where the accident occurred.
Important evidence may include:
The vehicle that struck you
Damage to the vehicle
Your visible injuries
The crosswalk
Traffic signals and signs
Road conditions
Lighting conditions
Skid marks or debris
Nearby businesses or surveillance cameras
The surrounding intersection
Also obtain the names and contact information of anyone who witnessed the accident.
If your injuries prevent you from gathering evidence yourself, a family member, friend, or attorney may be able to help.
Be Careful When Speaking with Insurance Companies
The driver's insurance company may contact you shortly after the accident.
You should provide truthful information, but be cautious about giving a recorded statement, signing documents, or accepting a settlement before you understand the extent of your injuries and damages. If you have an attorney, direct them to speak with your attorney.
Consult a Las Vegas Pedestrian Accident Attorney
If you suffered significant injuries after being hit by a vehicle, consulting with a Las Vegas pedestrian accident attorney can help you understand your legal options.
An attorney can investigate the accident, determine who may be responsible, identify available insurance coverage, document your damages, and communicate with the insurance companies involved.
How much compensation on average if a pedestrian is hit by a car?
There is no fixed dollar amount for a pedestrian accident claim.
Two people can be struck by vehicles in seemingly similar accidents and receive dramatically different compensation because their injuries, medical treatment, lost income, long-term prognosis, and other damages are different.
Factors that may affect the value of a Las Vegas pedestrian accident claim include:
Severity of the injuries
Amount and duration of medical treatment
Need for future medical care
Permanent impairment
Scarring or disfigurement
Lost wages
Loss of future earning capacity
Pain and suffering
Effect on daily activities
Liability and comparative negligence
Available insurance coverage
Strength of the evidence
A settlement offer should be evaluated based on the individual facts of the claim, not simply by comparing it with another person's accident.
Each case is unique. An experienced attorney will assess your situation to estimate a fair claim value.
How Does a Pedestrian Accident Claim Work in Nevada?
A pedestrian accident claim in Nevada generally involves establishing that another person or entity was legally responsible for causing the accident and that the accident resulted in compensable injuries or damages.
Depending on the circumstances, a claim may involve the driver of the vehicle, the driver's employer, a vehicle owner, a property owner, a governmental entity, or another potentially responsible party.
Your attorney may investigate several questions:
Was the Driver Negligent?
Driver negligence can take many forms, including:
Speeding
Distracted driving
Failing to yield to a pedestrian
Running a red light or stop sign
Driving under the influence
Failing to maintain a proper lookout
Aggressive or reckless driving
Making an unsafe turn
Failing to obey traffic signals
The specific facts of the collision determine whether the driver's conduct constituted negligence.
Was the Pedestrian in a Crosswalk?
Whether the pedestrian was using a crosswalk or otherwise complying with traffic laws may be relevant to determining liability.
However, the fact that a pedestrian was not in a crosswalk does not necessarily mean the driver is automatically free from responsibility.
The circumstances of the accident must be examined, including the driver's speed, visibility, traffic conditions, lighting, and actions immediately before the collision.
Were There Other Contributing Factors?
A pedestrian accident investigation should not necessarily stop with the driver.
Other factors may include:
Defective traffic signals
Poorly designed intersections
Inadequate lighting
Dangerous roadway conditions
Obstructed visibility
Construction
Poorly maintained sidewalks
Defective vehicles or vehicle components
Identifying every potentially responsible party can be important when pursuing compensation.
What If the Driver Does Not Have Enough Insurance?
Pedestrian accidents can result in catastrophic injuries, and the at-fault driver's insurance policy may not always be sufficient to cover the full extent of the victim's damages.
Depending on the circumstances, other potential sources of insurance coverage may need to be investigated, including applicable uninsured or underinsured motorist coverage.
Determining what insurance coverage may be available is an important part of evaluating a pedestrian accident claim.
How Long Do I Have to File a Pedestrian Accident Claim in Nevada?
Nevada law generally provides a two-year statute of limitations for personal injury actions arising from the wrongful act or neglect of another under NRS 11.190(4)(e). However, the deadline can depend on the specific facts and legal theory involved, and exceptions may apply.
Claims involving governmental entities can also involve additional notice requirements and potentially different deadlines.
For that reason, you should not wait until the deadline is approaching before speaking with a Nevada pedestrian accident attorney.
The sooner your case is investigated, the sooner important evidence can be preserved.
Why Hire a Las Vegas Pedestrian Accident Attorney?
Pedestrian accident cases can become complicated quickly, particularly when injuries are serious or liability is disputed.
An experienced personal injury attorney can help by:
Investigating the Accident
Your attorney can gather evidence, obtain accident reports, identify witnesses, investigate surveillance footage, examine photographs and videos, and determine how the collision occurred.
Identifying All Potentially Responsible Parties
The person driving the vehicle may not be the only party potentially responsible for your injuries.
An attorney can investigate whether another individual, business, employer, property owner, or entity may have contributed to the accident.
Handling Insurance Companies
Your attorney can communicate with insurance adjusters and opposing counsel so you do not have to navigate the claims process alone.
Calculating Your Damages
Your claim should account for more than the medical bills you have already received.
Your attorney can evaluate current and future medical treatment, lost income, earning capacity, pain and suffering, and other losses associated with your injuries.
Preparing for Litigation
Many personal injury cases settle without going to trial. However, your attorney should be prepared to file a lawsuit and take the case to trial if a fair settlement cannot be reached.
Contact Banda Law Group Today
If you or a loved one has suffered an injury due to someone else's negligence, you do not have to navigate the legal process alone. Contact Banda Law Group today to discuss your case and learn how we can help protect your rights and pursue the compensation you deserve.
Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Nothing on this site should be construed as an attorney-client relationship or as a substitute for legal counsel. For advice regarding your specific situation, please contact a licensed attorney.
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