Nevada is a beautiful state for walking, including Henderson, with its tree-lined neighborhoods, green golf courses, and bountiful parks and walking trails. While walking is a fitness-friendly and eco-conscious choice, it also places an exposed pedestrian at a high risk of serious or catastrophic injuries in a collision with a 4,000-pound average vehicle.
If you or a close family member suffered serious injuries in a pedestrian accident caused by a careless or reckless driver, call our experienced Henderson pedestrian accident lawyers at Bay Law. We are a results-oriented law firm for injury victims in Henderson.
Table of Contents
- Why Hire a Pedestrian Accident Attorney at Bay Law?
- Common Causes of Pedestrian Accidents
- Pedestrian Laws in Nevada
- Who is Liable for a Pedestrian Accident?
- Compensation Available for Pedestrian Accident Victims
- What to Expect During a Pedestrian Accident Lawsuit
- How Long Do I Have to File a Pedestrian Accident Claim in Nevada?
- Contact a Henderson Pedestrian Accident Lawyer
Why Hire the Henderson Pedestrian Accident Attorneys at Bay Law?
A pedestrian accident can have devastating consequences for the injured victim and their family. While a successful claim against the responsible driver cannot erase the injury, it opens the door to the best possible medical care, relieves financial hardship, and delivers a sense of justice. At Bay Law, we provide the following advantages in your case:
- A free consultation and contingency-based payment so you pay nothing until after we recover your damages
- An individualized strategy tailored to the unique circumstances of your case and aligned with your desired outcome
- Assertive representation through a proactive investigation
- An open-communication policy so you remain involved and up-to-date throughout the claim process
Our Henderson personal injury attorneys have combined decades of experience in Nevada injury law, insurance system, and civil courtrooms work. Work with us to achieve to the best possible outcome on your pedestrian accident case.
Common Causes of Pedestrian Accidents
Pedestrians must follow traffic laws and practice due diligence, but most pedestrian accidents directly result from driver negligence. The common causes of pedestrian accidents in Henderson include the following:
- Speeding
- Distracted driving
- Left turn accidents
- Failure to yield the right of way in a crosswalk
- Impaired driving
- Drowsy driving
- Aggressive driving
Poor visibility and inadequate street lighting may also contribute to pedestrian accidents in Henderson.
Pedestrian Laws In Henderson, Nevada
Pedestrian accidents are a serious problem in Nevada, particularly in areas like Las Vegas, where many pedestrians and high traffic conditions combine.
Sadly, 2024 was a record-breaking year with the highest number of pedestrian accidents in the state’s history and an unprecedented 112 pedestrian fatalities.
When pedestrians and drivers know and follow the state’s traffic laws, it minimizes the risk of a deadly pedestrian accident. In Henderson:
- Pedestrians must use crosswalks, pedestrian bridges, and crossing tunnels whenever available and only cross the street at intersections
- Pedestrians must remain on the sidewalk in areas with sidewalks present
- In places lacking sidewalks, pedestrians must walk on the left side of the road facing oncoming traffic
- Pedestrians must use traffic signal devices where available
- Pedestrians must not dart in front of traffic without allowing time for them to yield, even when using crosswalks
- Pedestrians are prohibited from crossing streets diagonally unless the crosswalk accommodates this
- Drivers must practice due diligence at all times to avoid collisions with vulnerable pedestrians
- Drivers must always yield to pedestrians in crosswalks
- When a crossing guard is present, Henderson drivers must wait until the crossing guard has completely cleared all pedestrians and signaled them to proceed
- Drivers must always yield to blind pedestrians using white-tipped canes or service dogs
- If a bus, car, or other vehicle is stopped in a travel lane, drivers must ensure that they haven’t stopped for a pedestrian before driving around the stopped car
Nevada drivers should never presume that children under the age of ten will follow pedestrian traffic laws and have a duty to use extra precaution in school zones and areas where children play.
Who Is Liable for a Pedestrian Accident?
Nevada is a fault-based insurance state where injury victims must prove the at-fault party’s liability to recover compensation in an accident claim.
If a driver’s negligence or recklessness causes a pedestrian accident with injuries, the negligent driver is liable for damages. Proving liability for pedestrian accidents requires documenting evidence showing the following:
- The driver owed a duty of care to the pedestrian
- They breached their duty through negligent or reckless actions
- The breach of duty directly caused the pedestrian’s injuries
- The injury victim suffered damages from the injury, such as medical expenses and pain and suffering
Less commonly, a pedestrian could be held liable for damages to a motorist. For example, if they darted into oncoming traffic without allowing a driver time to yield and the driver has an accident while swerving to avoid the pedestrian.
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Compensation Available for Pedestrian Accident Victims
Pedestrian accidents are often catastrophic or deadly. Even if a pedestrian accident victim is fortunate enough to only suffer minor injuries, if the injuries cause damages like lost pay and medical expenses, they can recover those losses through a claim against the at-fault driver’s insurance.
Sadly, many pedestrian accidents in Henderson and elsewhere result in grave injuries with life-long consequences. Compensation awarded in many Henderson pedestrian accident claims includes the following:
- Reimbursement for medical expenses
- Anticipated future medical expenses
- Lost earnings
- Future income loss/diminished future earning capacity
- Out-of-pocket expenses
- Compensation for pain and suffering
- Compensation for other non-economic damages that might apply such as disfigurement, scarring, loss of limb, the loss of an organ, diminished quality of life, or PTSD
If a loved one dies in a pedestrian accident, a close family member who suffers economic losses as well as grief and anguish from the death may file a wrongful death claim against the responsible party.
What to Expect During a Pedestrian Accident Lawsuit
While a pedestrian accident claim seems like it should be a straightforward process, all too often insurance companies dispute claims or attempt to shift liability to the injury victim. By hiring an attorney to navigate your claim, you have proactive protection against common insurance company tactics used to protect their profits at your expense.
A pedestrian accident lawsuit typically proceeds as follows:
- The driver’s insurance company assigns an insurance adjuster to investigate the accident with the priority of protecting company profits
- Your pedestrian accident attorney investigates the accident to protect your right to compensation by documenting compelling evidence of the at-fault driver’s liability
- The attorney carefully calculates your economic and non-economic damages to pursue all available avenues for compensation
- Your lawyer from Bay Law sends an evidence-backed demand letter to the insurance company
- Your attorney attends negotiation meetings to reach an agreement on a settlement, assertively arguing for the largest possible amount
- If the insurance company denies, disputes, or undervalues the claim, your trial-ready lawyer from Bay Law will file a petition to go to court within the state’s statute of limitations
Almost 95% of pedestrian accident claims result in an ample settlement so an injury victim rarely has to go to court.
How Long Do You Have to File a Pedestrian Accident Claim In Nevada?
Nevada has a two-year statute of limitations on personal injury claims, including pedestrian accident cases. If your case requires court, your Henderson pedestrian accident attorney must take your case to court before the statute of limitations expires two years from the accident date.
Seek Legal Help With a Pedestrian Accident Attorney In Henderson
There’s typically a lot riding on the results of a pedestrian accident case since a serious accident has long-range impacts on physical and financial well-being.
Contact our Henderson pedestrian accident lawyers at Bay Law Injury Attorneys for experienced representation in your injury claim so you can obtain the most favorable result possible.