Have you been injured in a pedestrian accident in Nevada? If so, get medical aid and then seek the legal guidance of an experienced Nevada personal injury attorney that can help you through the entire process. The Aaron Law Group is available to help pedestrians who were injured in an accident through no fault of their own get the compensation that they will need to continue living their best lives after their injury. Every day innocent pedestrians are struck by cars, taxis, shuttles, buses, and limos in Nevada. Unfortunately, these accidents result in death more often than injuries simply because of the size of a vehicle compared to that of a human being.
Distracted taxi drivers are racing to their next customer, limo drivers are pulling in and out of parking lots without a care, and shuttle drivers are typically in a rush to make it to McCarran Airport in time for patrons to catch their next flights.
All of these situations create very dangerous circumstances for nearby pedestrians. To make matters worse, there are numerous speeding or distracted drivers, drunk drivers, and generally reckless drivers racing up and down the strip.
Some common situations that lead to pedestrian accidents involve:
- Hailing taxi cabs
- Families going through parking lots
- Entering and exiting nightclubs, casinos, and hotels at night
- Getting on or off the deuce, hop on bus, or an RTC
- Looking at guidebooks while crossing the road
- Elderly individuals traveling through crosswalks slowly
- Kids going home or leaving for school
- Joggers crossing busy intersections
- Illegal jaywalkers
Call the Aaron Law Group if you are a pedestrian or if you have a loved one who was injured in an accident that was caused by the negligent actions of another person. We have helped thousands of Nevada residents get the compensation that they are entitled to receive for their injuries and losses and we can help you too.
Pedestrian Accident Statistics
Nationally, over 5,000 pedestrians are killed in vehicle-related accidents each year. Over 78,000 more pedestrians suffer injuries as a result of being hit by a car or truck.
Every day, citizens throughout the state walk to work, school, or to visit their friends and family. Unfortunately, there are still numerous individuals that never make it to their destinations.
Statistics produced by the Nevada Department of Transportation and Public Safety show the number of pedestrian fatalities increased from 80 deaths in 2016 to 99 deaths in 2018. The largest number of pedestrian deaths took place in Clark County, Nevada.
Numerous safety measures have been implemented throughout Nevada in an annual $10 million pedestrian safety project that aims to reduce the number of pedestrians injured or killed by vehicles throughout the state.
Injured Pedestrians Need An Aggressive Nevada Personal Injury Attorney
Accidents that are commonly caused by driver error include those who disregard crosswalks and traffic control signals, individuals that fail to yield to pedestrians in crosswalks, driving drunk or distracted, passing school buses, and those who engage in unsafe speeds or reckless driving.
It is imperative for motorists to be aware at all times while behind the wheel. They need to exercise proper caution when in neighborhoods with small children, around parks and schools. If you or your loved one has been injured in a pedestrian accident, contact the legal team at the Aaron Law Group immediately. Our exceptional legal team can help you determine if there was negligence involved can help you with filing a personal injury claim against the responsible party. Call us today. We are standing by waiting to take your call.
Determining Who Is Liable For The Pedestrian Accident
When a pedestrian is struck by a motor vehicle, it is imperative to determine who is responsible for the incident. It is crucial to determine exactly who the responsible party is in order to obtain the maximum compensation for your injuries. There are often numerous parties that may be held accountable in any given situation. These parties include:
The Careless Driver: A vehicle driver has a duty of care while behind the wheel. They are required to act reasonably and obey all traffic rules while on the road. Drivers own the duty of care to other drivers and pedestrians in their location. When a driver is negligent, they breach the duty of care and can be held liable for any resulting injuries.
The Property Owner: If a pedestrian accident occurred on a private property, the owner of the property could be held liable as well. If a property owner knows that their property carries both heavy foot and vehicle traffic, they have a duty to create a safe location for each separate from one another. If this is not readily possible, they must have signage or warnings posted to let drivers and pedestrians know that that they may cross paths. Crosswalks for pedestrian must be clearly marked, roadways for cars must be adequately painted and lined, etc.
Some other responsible parties may be:
- The vehicle manufacturer
- The vehicle part manufacturer
- The vehicle owner, whether a company or individual
- The company that manages the property
- The road sign manufacturer or installer
- The road sign maintenance company
Other Less-Common Situations
If a person has a medical condition, such as a heart attack or seizure, while driving, they are still liable for any accidents caused while they are behind the wheel. Although this circumstance is typically out of the control of the driver, it is crucial that anyone experience any sudden dizziness or disorientation pulls over immediately.
As self-driving cars are becoming more widely available, it is important to recognize that drivers are still liable for what their vehicle does. If a pedestrian is struck by a self-driving vehicle, the same rules apply as in any other type of accident. Still, the claimant must prove that negligence caused the accident and, as a result, the victim suffered an injury.
When A Pedestrian Accident Becomes A Criminal Offense
There are certain circumstances where an automobile striking a pedestrian can be considered a criminal offense under Nevada law. The specific offense is often determined by:
- The circumstances of the incident
- The injuries sustained by the pedestrian
- Whether the driver was under the influence of drugs or alcohol
- Prior criminal convictions the driver may have
- The driver’s actions immediately following the accident
There are numerous offenses which an accident could fall under. These include:
DUI: Even if a pedestrian is not injured, you can still be charged criminally with a DUI if you are intoxicated at the time of the accident. Individuals charged with DUI face up to 20 years in prison and up to $5,000 in fines. Individuals that are repeat DUI offenders face far more steep charges
Vehicular Homicide: If a driver strikes a pedestrian and kills them while they are driving under the influence, and they have three or more DUI convictions, they can be charged with vehicular homicide. Individuals charged with this can face 25 years to life in prison
Felony Reckless Driving: If a driver hits and kills a pedestrian as the result of reckless driving, they could be criminally charged. This can result in 1-to-6-years in prison and between $2,000 and $5,000 in fines.
Vehicular Manslaughter: Individuals that kill pedestrians while driving negligently can be charged with vehicular manslaughter. These charges often arise from speeding, failing to stop at stop signs or red lights, or texting while driving. Individuals charged with vehicular manslaughter face up to six months in jail and/or a file up to $1,000 and a possible suspension of their driver’s license.
Hit-And-Run: If a driver strikes a pedestrian and kills them and they flee from the scene, they can be charged with felony hit-and-run. Individuals charged in this manner face between 2-and-15-years in prison, finds up to $5,000, and a suspension or revocation of their license.
If an individual is charged with any of these criminal offenses, it does not prevent you from filing a lawsuit against them for your personal injury. Contact the Aaron Law Group as soon as possible to protect your legal rights.
What Are The Most Common Types Of Pedestrian Injuries?
Pedestrians that are hit by cars are at an increased risk of suffering severe or life-threatening injuries. The most common injuries sustained by pedestrian accident victims are:
- Broken bones–These often include legs, arms, or ribs.
- Traumatic brain injuries–These injuries can lead to permanent hearing or vision problems. Additionally, individuals that suffer traumatic brain injuries are at an increased risk of developing behavioral disorders.
- Serious spinal injuries–This type of injury can be extremely painful for individuals. It may have a serious impact on a person’s ability to move by causing immense limitations. Further, individuals that suffer spinal injuries are at a very high risk of being paralyzed as a result.
What Damages Are Recoverable For Pedestrian Accident Victims
Individuals that are struck by moving vehicles often face stacking medical bills. Depending on the extent of the injury, pedestrians may have to go through months of physical therapy, numerous surgeries, and they may have permanent scarring or lose limbs. The process of recovery is often long and extremely expensive. Thankfully, pedestrians involved in vehicle-related accidents are able to recover numerous damages by filing a lawsuit against the responsible party. Some damages an injury victim can recover include:
- Costs to cover medical bills and treatment
- Lost wages
- Future lost earnings
- Loss of companionship
- Loss of life enjoyment
- Pain and suffering – both mental and physical
- Mental anguish
- Reimbursement for other expenses related to your injury
In some cases, punitive damages may be recoverable. To receive this type of payment, a claimant must generally prove that the driver was negligent and that their negligent acts directly caused the accident in which injury resulted.
If you are an injured pedestrian, it is important that you hire a reputable attorney that will fight on your behalf in court. Our legal team at Aaron Law Group will file claims for victims, collect evidence, gather testimony, and prepare solid cases that ensure they receive the maximum compensation they are entitled to. When you work with us, you can focus entirely on your recovery and rest assured knowing that we are doing everything legally possible to protect your best interest.
What Do You Need To File A Claim?
If you want to file a claim against a responsible party as an injured pedestrian, you will need to know:
- The date, time, and location of the accident
- The make and model of the vehicle
- The driver information if available
- Contact information for witnesses
- An accurate description of a driver if they left the scene
- The extent of your injuries, how much time you took off from work, and other effects of the accident
Gathering this evidence, as well as photographs and videos of the scene, will improve your ability to recover damages for your injury.
Certain Pedestrians Are At An Increased Risk Of Injury
Like bicyclists, pedestrians have virtually no protection while traveling down the street. This leaves them extremely vulnerable to sustaining injuries if they are struck by cars. There are certain individuals that are at an even higher risk of sustaining injuries in these unfortunate events.
Elderly individuals and young children that are struck by cars risk suffering catastrophic injuries or death. Even collisions involving vehicles traveling at low-speeds can cause life-threatening injuries. For this reason, it is crucial for drivers to remain alert and aware of their surroundings at all times.
Issues And Challenges Of Pedestrian Accidents
There are certain circumstances that make pedestrian involved accidents more challenging for lawyers. These often include cases of hit-and-run drivers. Sometimes drivers that are at fault flee from the scene of an accident in an attempt to avoid criminal charges. If there are no surveillance cameras or witnesses available, it may be difficult for an injured pedestrian to recover a fair settlement.
Accidents that occur around crosswalks are generally more difficult to prove. In these cases, it is an argument whether the pedestrian was in the crosswalk or no. These arguments require witnesses, surveillance videos, and sometimes expert analysis to prove.
Finally, cases involving memory loss are extremely challenging. In the majority of pedestrian involved accidents, the injured party is transported to the hospital. It is very common for injured pedestrians to have problems recollecting what happened. It is not at all uncommon for an injury victim to say “I don’t know what happen; I just woke up in a hospital!” Without any personal testimony, it can be extremely difficult to form a legal argument.
Should You Hire A Pedestrian Accident Attorney To Represent You?
If you do not remember what happened, or there are gaps in the story, you are not at a complete loss. There are numerous things a pedestrian accident lawyer can do to help complete the story for you. This often includes:
- Having experts come in to reconstruct the scene of the accident and events that occurred leading up to the accident
- Writing preservation letters to businesses throughout the area to secure video surveillance footage
If you or someone you love has been injured in a pedestrian accident, call the Aaron Law Group at 702-550-1111 as soon as possible. We will schedule a free consultation to review your case and determine what the best approach will be to secure the maximum amount of compensation you are entitled to. We are waiting to take your call.