All drivers owe a legal duty to others on the road. This duty requires a driver to operate their vehicle in a safe and responsible manner and that they obey all traffic signs and laws. If a driver violates a traffic law and causes an accident, an injured pedestrian can bring a personal injury lawsuit seeking financial damages from the driver.
However, bringing a Las Vegas pedestrian accident lawsuit isn’t necessarily as straightforward as it seems. For example, few drivers willingly admit to being completely at fault. Even if they do, the driver’s insurance company may not be willing to fully compensate you for all your damages.
To successfully bring a Las Vegas pedestrian accident lawsuit, you must establish the four elements of a negligence claim.
Of these elements, “duty” is the most straightforward, as all drivers have a duty to pedestrians. Thus, the duty element is rarely challenged. However, each of the other elements is the frequent focus of litigation. For example, a driver may argue that they did not breach the duty of care owed to a pedestrian because the driver didn’t break the law or drive negligently. The issue of damages also comes up frequently because insurance companies are not willing to fully compensate an accident victim for everything they’ve been through. For example, an insurance company may claim that your injuries were not as severe as you claim them to be or that your symptoms are the function of a pre-existing injury.
When these complications arise, it is important to have an experienced Las Vegas pedestrian accident lawyer by your side. An attorney is familiar with the common tactics used by insurance companies to reduce—or even deny—an accident victim’s claim. Thus, they will be prepared to present a compelling case for recovery on your behalf.
What Happens If A Pedestrian Is Partially To Blame For An Accident?
If a pedestrian is partially at fault for an accident, they can still bring a personal injury lawsuit in Nevada against a negligent driver, provided the pedestrian is not more than 50% to blame. If a pedestrian is more than 50% responsible for an accident, they cannot recover any damages for their injuries.
While being partially at fault is not typically a bar to recovery in most pedestrian accidents, any percentage of fault reduces a victim’s damages award. This is because, under Nevada’s modified comparative negligence rule, the judge reduces a victim’s damages award by their percentage of fault. For example, assume you are crossing the street at an unmarked intersection when a car hits you. You were not paying as close attention as you should have, and the jury found that you were 20% to blame, with the driver being 80% responsible. Further, the jury determined that your total damages were $200,000. In this case, your total recovery amount would be $160,000 ($200,000 less 20%).
This is another reason why it often makes sense to reach out to an experienced Las Vegas pedestrian accident lawyer. A lawyer can be instrumental in presenting the facts in such a way that minimizes your involvement in the accident. This ensures you recover the maximum damages to compensate you for your injuries.
