Walking is an excellent form of transportation. It is zero-emission, zero-waste, and helps people get their exercise. It also lets people move through congested areas without contributing to traffic. The only real downside is that crossing or walking next to streets can be dangerous. All pedestrians face risk of injury from negligent or careless drivers.
These accidents can lead to severe injuries for pedestrians. Even low-speed, low-impact pedestrian accidents can result in broken bones, traumatic brain injuries (TBIs), and spinal injuries. These injuries can be long-term, resulting in lost wages and reduced earning capacity. They can also lead to substantial medical bills and emotional trauma. When you have been hurt by an irresponsible driver, a personal injury attorney may be able to help you seek justice. For help recovering after an accident, contact a Henderson pedestrian accident lawyer today.
Pedestrian accidents refer to collisions between motorized and non-motorized vehicles and pedestrians. In these collisions, the driver and the pedestrian may share responsibility, or one may be at fault. However, even if a pedestrian contributes to the accident, they usually have a lower standard of care than drivers.
It is the driver’s responsibility to watch for pedestrians. Statewide, all motor vehicle operators must yield to pedestrians at all marked or unmarked crosswalks. This does not always include cyclists; that designation may depend on the cyclist’s location and behavior at the moment.
Under Nevada Revised Statutes § 484B.287, jaywalking is illegal. This refers to a pedestrian crossing the street anywhere other than a marked crosswalk or at an unmarked crosswalk at an intersection. Pedestrians who cross or enter the road at these locations may be violating the law and could be considered negligent in the event of an accident. However, it is important to note that jaywalking is not a criminal offense and does not remove a driver’s duty to watch out for pedestrians.
The leading causes of pedestrian accidents are all due to driver error, such as:
Each of these can also be a contributing factor, even if a pedestrian steps into the street. A Henderson pedestrian accident attorney could examine the facts of a specific case to determine who may be at fault.
Determining fault is vital in terms of how significant compensation may be after a pedestrian crash. However, the injured party can be partially at fault and still recover under NRS § 41.141. The statute establishes modified comparative negligence as the standard for all personal injury cases in Nevada.
Modified comparative negligence states that a victim cannot recover damages if they are 51 percent or more at fault. If an injured person is less than 51 percent at fault, they can recover damages for the injury, with the award reducing to reflect their share of the responsibility.
Modified comparative negligence is significant in pedestrian accidents because it means that victims can frequently recover, even if they are also negligent. Since motorists are required to have insurance, but pedestrians are not, motorists’ insurance may be the only insurance involved in the accident. A seasoned pedestrian accident lawyer in Henderson could investigate other potential sources of compensation outside of the driver.
Just like in other personal injury claims, the damages available depend on the victim’s injuries. Individuals can pursue compensatory damages like economic and non-economic, and they may also be entitled to punitive damages.
Compensatory damages focus on repaying the pedestrian for their injuries. They can be economic, such as direct financial losses, or non-economic, compensating people for non-financial losses like pain and suffering, loss of consortium, and emotional trauma.
Punitive damages punish people for outrageous behavior. They are not available in most pedestrian accidents. However, if a driver’s behavior is egregious—for example, driving while intoxicated or intentionally hitting a pedestrian—punitive damages may be available.
It can be easy to forget how vulnerable you are walking down the street. All it takes is a moment’s inattention to lead to a significant and lifelong injury. If you have been the victim of one of these injuries, you may be financially, physically, and emotionally struggling. Recovery can be challenging, but you do not have to do it alone.
Schedule a consultation with a Henderson pedestrian accident lawyer to find out how they can help you get financial recovery for your injuries. They could explore potential remedies, identify wrongdoers, and help you pursue your claim. Call today to get started.