When you are out for a quick walk in Henderson, you expect those around you to obey the rules of the road. That includes watching out for pedestrians like you, who are more vulnerable than those in passenger vehicles. Unfortunately, not everyone is so careful.
If you have been injured in an accident, you may need a Henderson pedestrian accident lawyer on your side. Your trial-tested Henderson personal injury lawyer at H&P Law has over 60 years of combined experience, and we have the tools you need to handle these situations. Reach out for legal guidance and support that can meet your needs following a devastating injury.
Examining Cause and Negligence for Pedestrian Accidents in Henderson
When you are hurt in a pedestrian accident, determining how your accident happened is key to holding the at-fault party liable and getting compensated fairly for your injuries. Typically, pedestrian accidents are caused by a driver failing to follow the rules of the road. For example, they may have failed to stop at a pedestrian crossing or drove on the sidewalk and hit you.
When a driver fails to follow these basic rules, they are breaking the standard of care all people are held to on the road. This failure to follow basic standards of care is also known as negligence. This is also grounds for filing a lawsuit against the person who hit you.
You may have also been injured due to intentional malice. For example, the driver may have been angry that you were crossing the street, and they hit you, or they may have been driving drunk and did not bother to stop.
Whether intentional or unintentional, if the driver failed to follow these basic rules of care, your Henderson DUI accident lawyer may be able to help you hold them liable for your injuries.
How to Tell You Have Grounds for a Henderson Pedestrian Accident Claim
Before you file a claim, you may wonder whether you have grounds to pursue compensation. Filing a claim requires careful evaluation of the facts and a strong legal strategy to ensure success. Fortunately, our team at H&P Law is here to guide you through the process, helping you determine your eligibility and build a compelling case.
When deciding whether to file a claim, consider whether someone else’s negligence caused your accident. If their careless actions directly led to your injuries, you may have a valid case. Even if your injuries were not catastrophic, other damages, such as destroyed property, can also serve as grounds for a claim.
Filing a pedestrian accident claim involves multiple steps, including gathering evidence, documenting your damages, and adhering to Nevada’s legal procedures. Immediate legal representation is critical in these cases, as it helps preserve time-sensitive evidence and protect your rights from the outset. With a skilled legal advocate by your side, you can focus on recovery while we handle the legal details.
Your Pedestrian Accident Case May Be Worth More Than Anticipated
Identifying what your claim may be worth can be tough. You are hurt, and you are juggling many expenses, losses, and trauma. Because of that, it is important to keep in mind that there may be avenues for compensation you are unaware of.
Damages Through Insurance Claims
Your first opportunity to get compensated is to do so through an insurance company. Fault states allow injury victims to take action against the insurance company of the person who injured them. That gives you a chance to sue without going to trial.
This has its advantages and disadvantages. You may have the chance to settle your claim out of court, avoiding a lengthier and more difficult claim, but without a highly skilled attorney on your side to help protect your claim, it is easy to settle for less than what you are due.
Be sure that you discuss your insurance settlement offer with a pedestrian accident attorney in Henderson, NV, before you accept anything.
Fair and Just Compensation at Trial
If the insurance company fails to offer a reasonable settlement, taking your case to trial can help you secure the compensation you deserve. Trials allow injury victims to pursue the full range of damages available under Nevada law, which can often exceed what insurance adjusters are willing to provide.
Some of the different types of damages that may be available, depending on the circumstances of your case, include:
- Economic damages – Under NRS § 41A.007, these include medical expenses, lost wages, and property damage. Courts evaluate documented losses to calculate the financial impact of your injuries.
- Non-Economic damages – Under NRS § 41A.011, pain and suffering, emotional distress, and loss of enjoyment of life are key components of non-economic compensation. These damages reflect the personal toll of your injuries.
- Punitive damages – In cases involving gross negligence or intentional misconduct, the court may award punitive damages. These damages are meant to punish the at-fault party and send a message to the community that similar behavior is unacceptable and is described under NRS § 42.005.
Bringing your case to trial ensures that every avenue for compensation is explored. With experienced legal representation, you can pursue justice and hold the responsible party accountable for your losses. Your Henderson pedestrian accident attorney will do everything possible to maximize your payout.
Our Firm Is Prepared to Challenge Claims of Partial Fault
In some cases, the at-fault party may try to place some of the blame on you. They may claim you were careless when crossing the street, for example. If you are not careful, this can diminish your claim.
Partial fault laws under NRS § 41.141 split the blame between the two parties. That means that while the at-fault party may still be expected to pay, they may not be expected to spend as much, and you may not receive as much. That leaves you paying out of pocket for your injuries.
Our team is here to challenge these claims. We work hard to get you full compensation so that you can recover. Contact us for a powerful defense that can help you recover from these difficult situations.
Safety Tips for Pedestrians
Staying safe as a pedestrian is critical, especially in busy areas like Henderson. Pedestrian accidents can involve vehicles, bicycles, or even hazards like uneven sidewalks. Being mindful of safety practices can help reduce the risk of accidents and injuries, so take caution and:
- Use crosswalks – Always cross at designated crosswalks or intersections, where drivers are more likely to expect pedestrians.
- Be visible – Wear bright or reflective clothing, especially at night, to improve visibility for drivers and cyclists.
- Stay Alert – Avoid distractions like headphones or texting while walking, particularly near traffic or in crowded areas.
- Follow traffic signals – Obey pedestrian signals and wait for the appropriate time to cross the street.
- Avoid jaywalking – Crossing outside designated areas increases the risk of accidents, as drivers may not anticipate your movement.
- Watch for bicycles and scooters – Stay vigilant for non-motorized vehicles that share sidewalks or pedestrian paths.
- Be cautious on sidewalks – Uneven pavement, construction zones, or debris can cause falls or other injuries.
Practicing these safety tips can significantly reduce the risk of accidents and injuries. However, even when you follow all precautions, accidents caused by others’ negligence can still occur.
Understanding your rights and knowing what steps to take after an incident can make all the difference in protecting your health and securing the fair compensation you deserve.
The Statute of Limitations Deadline Is Dwindling
When you are hurt in a pedestrian accident in Henderson, the time begins ticking for your claim. Acting swiftly is vital to getting the full compensation you are due. If you miss the statute of limitations deadline, it can have major implications for your case.
In Nevada, you only have two years to file a lawsuit under NRS § 11.190(4). If you do not file within this time limit, your claim may be dismissed, leaving you without compensation. That leaves you to pay out of pocket for your suffering.
Fortunately, your Henderson car accident lawyer can help you act within these time limits. They can also determine whether any extensions may apply to your case. If you have any questions or doubts about the timeline of your claim, reach out for help.
Contact Henderson’s Most Respected Pedestrian Accident Law Firm for Help Today
When you have been injured in a pedestrian accident, recovery is not always so easy. You may have a difficult recovery process ahead, and you may be unsure where to turn. Worse, a mistake can be costly, leaving you without the compensation you need to recover from the severe injuries you have suffered fully.
Your pedestrian accident lawyer in Henderson, NV, at H&P Law, is here to provide top-tier service to our pedestrian accident clients. We offer free consultations for our clients who need legal support, and we are here to guide all our clients to the answers they need.
When you are ready to speak with our team, reach out by calling or filling out our online contact form.
