Hurt as a Pedestrian in Nevada? What Are My Rights?

Understanding Pedestrian Accidents in Nevada

Nevada, with its bustling cities like Las Vegas and Reno, and increasing numbers of tourists, unfortunately sees its share of pedestrian accidents. Navigating the aftermath of such an incident can be overwhelming. This guide, from the perspective of a Nevada personal injury attorney, aims to provide you with critical information to protect your rights and understand your options.

Nevada Laws Protecting Pedestrians

Nevada law prioritizes pedestrian safety, but understanding these laws is crucial. Here's a breakdown:

• 🚶‍♀️Right-of-Way: Nevada Revised Statutes (NRS) 484B.280 and 484B.283 outline pedestrian right-of-way in crosswalks, both marked and unmarked. Drivers must yield to pedestrians within these areas. However, pedestrians also have a responsibility to exercise due care and not suddenly dart into traffic.
• 🚦Traffic Signals: NRS 484B.287 governs pedestrian behavior at signalized intersections. Pedestrians must obey traffic control devices, such as "walk" and "don't walk" signals.
• 🚫Jaywalking: NRS 484B.287 addresses jaywalking, which is crossing a street outside of a designated crosswalk. While not always illegal, it can significantly impact liability in an accident.

Causes of Pedestrian Accidents in Nevada

Several factors contribute to pedestrian accidents in Nevada. Identifying these common causes can help prevent future incidents and understand the basis of a claim:

• 📱Distracted Driving: Texting, talking on the phone, or otherwise being distracted behind the wheel is a leading cause. Nevada law prohibits texting while driving (NRS 484B.350).
• 🥂Impaired Driving: Driving under the influence of alcohol or drugs severely impairs judgment and reaction time, significantly increasing the risk of accidents. Nevada has strict DUI laws (NRS 484C.110).
• 🌃Poor Visibility: Nighttime, inclement weather (dust storms are common in Nevada), and inadequate lighting can make it difficult for drivers to see pedestrians.
• 🚧Construction Zones: Construction areas often present hazards to pedestrians due to altered traffic patterns, debris, and reduced visibility.
• 🚶Pedestrian Negligence: While drivers often bear the primary responsibility, pedestrians can also contribute to accidents through actions like jaywalking, failure to obey traffic signals, or being distracted by their own devices.
• ⚠️Speeding: Exceeding the speed limit or driving too fast for conditions reduces a driver's ability to react and avoid collisions.

What to Do Immediately After a Pedestrian Accident in Nevada

Your actions immediately following an accident are crucial for your safety and the success of any future legal claim:

• 🚑Seek Medical Attention: Your health is the top priority. Call 911 immediately to report the accident and request medical assistance, even if you don't feel seriously injured. Internal injuries may not be immediately apparent.
• 👮Report the Accident: Nevada law requires you to report accidents involving injury or property damage exceeding $750 to the police. Obtain a copy of the police report, which will contain valuable information about the incident.
• 📸Gather Evidence: If possible, take photos of the accident scene, including vehicle damage, injuries, traffic signals, and any relevant road conditions. Gather contact information from the driver and any witnesses.
• 🗣️Limit Your Statements: Avoid discussing the accident with anyone other than the police or your medical providers. Do not admit fault or speculate about the cause of the accident.
• 👨‍⚖️Contact an Attorney: Consult with a Nevada personal injury attorney as soon as possible. They can advise you on your rights and help you navigate the legal process.

Determining Liability in a Nevada Pedestrian Accident

Establishing liability is key to recovering compensation after a pedestrian accident. Nevada is a modified comparative negligence state, meaning you can recover damages even if you were partially at fault, as long as your fault is not greater than the other party's. Here's how liability is typically determined:

• 🚓Police Report: The police report often contains an initial assessment of fault based on their investigation.
• 🔎Witness Testimony: Statements from witnesses who observed the accident can provide valuable insights into what happened.
• 🎥Video Evidence: Surveillance cameras, dashcam footage, and even cellphone videos can offer visual evidence of the accident.
• ⚕️Medical Records: Your medical records document your injuries and treatment, establishing a direct link between the accident and your damages.
• 🧾Expert Analysis: In some cases, accident reconstruction experts may be needed to analyze the evidence and determine the cause of the accident.

Understanding Nevada's Modified Comparative Negligence Rule

Nevada operates under a modified comparative negligence system, as outlined in NRS 41.141. This means:

• ⚖️Partial Fault Allowed: You can recover damages even if you were partially at fault for the accident.
• 💥50% Bar: However, you cannot recover any damages if you are found to be 51% or more at fault.
• 💰Damage Reduction: If you are found to be partially at fault (but less than 51%), your damages will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 20% at fault, you will only receive $80,000.

Types of Compensation Available in a Nevada Pedestrian Accident Case

If you have been injured in a pedestrian accident in Nevada due to someone else's negligence, you may be entitled to compensation for the following damages:

• 🏥Medical Expenses: This includes past and future medical bills, such as hospital stays, doctor visits, physical therapy, medication, and rehabilitation.
• 🤕Lost Wages: You can recover compensation for lost income if your injuries have prevented you from working. This includes both past lost wages and future lost earning capacity.
• 痛Pain and Suffering: This compensates you for the physical pain and emotional distress you have experienced as a result of your injuries.
• 🎭Emotional Distress: Compensation for anxiety, depression, and other psychological trauma resulting from the accident.
• 🚑Property Damage: While less common in pedestrian accidents, you may be able to recover for damage to personal property, such as clothing, glasses, or a cellphone.
• 💔Loss of Consortium: In some cases, a spouse may be able to recover damages for the loss of companionship, support, and intimacy due to their partner's injuries.
• 💀Wrongful Death: If a pedestrian accident results in death, the victim's family may be able to pursue a wrongful death claim to recover damages for funeral expenses, loss of support, and other losses.

The Role of Insurance Companies in Nevada Pedestrian Accident Claims

Dealing with insurance companies after a pedestrian accident can be challenging. Here are some key points to keep in mind:

• 📝Insurance Coverage: The at-fault driver's insurance policy is typically the primary source of compensation. However, if the driver is uninsured or underinsured, you may be able to pursue a claim under your own uninsured/underinsured motorist coverage.
• 🗣️Negotiations: Insurance companies are businesses, and their goal is to minimize payouts. Be prepared to negotiate for a fair settlement.
• 🙅‍♂️Don't Accept the First Offer: The initial settlement offer is often lower than what you are actually entitled to. Consult with an attorney before accepting any offer.
• 📑Document Everything: Keep detailed records of all communication with the insurance company, including dates, times, and the names of the representatives you spoke with.
• 👨‍⚖️Bad Faith: If an insurance company acts in bad faith (e.g., unreasonably delays or denies your claim), you may be able to pursue a separate claim against them.

Warning: Never give a recorded statement to the at-fault driver's insurance company without first consulting with an attorney. They may use your statement against you.

Statute of Limitations for Pedestrian Accidents in Nevada

In Nevada, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years from the date of the accident (NRS 11.190(4)(e)). This means you must file a lawsuit within two years of the accident, or you will lose your right to sue. There may be exceptions, especially in cases involving minors, so consult an attorney as soon as possible to protect your rights.

Strategies a Nevada Personal Injury Attorney Can Employ

An experienced Nevada personal injury attorney can provide invaluable assistance in a pedestrian accident case. Here are some strategies they may employ:

• 🔎Thorough Investigation: Conducting a comprehensive investigation to gather evidence, identify witnesses, and determine liability.
• 🤝Negotiating with Insurance Companies: Skillfully negotiating with insurance companies to reach a fair settlement.
• 👨‍⚖️Filing a Lawsuit: If a fair settlement cannot be reached, filing a lawsuit and aggressively litigating the case in court.
• 🧑‍⚕️Consulting with Experts: Working with medical experts, accident reconstruction experts, and other professionals to build a strong case.
• 📝Calculating Damages: Accurately calculating your damages, including medical expenses, lost wages, pain and suffering, and other losses.
• 📞Protecting Your Rights: Ensuring that your rights are protected throughout the legal process.

Preventing Pedestrian Accidents in Nevada

While accidents can happen despite our best efforts, taking preventive measures can significantly reduce your risk. Here are some tips for both pedestrians and drivers:

• 🚶For Pedestrians:
  • 🚦 Always use crosswalks and obey traffic signals.
  • 👀 Look both ways before crossing the street, even in a crosswalk.
  • 🌃 Wear bright clothing and carry a flashlight at night.
  • 📱 Avoid distractions like texting or talking on the phone while walking.
  • 🚶Be extra cautious when walking in areas with heavy traffic or construction.
• 🚗For Drivers:
  • 📱 Avoid distractions while driving, including texting, talking on the phone, and adjusting the radio.
  • 🥂 Never drive under the influence of alcohol or drugs.
  • 🚦 Obey speed limits and drive cautiously in areas with pedestrian traffic.
  • 🌃 Be extra vigilant at night and in areas with poor visibility.
  • 🚶 Yield to pedestrians in crosswalks and be prepared to stop for pedestrians who may be crossing the street.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.