In motor vehicle accidents, few parties endure injuries as severe as pedestrians. Other vehicles have surrounding protection in the event of a collision. Pedestrians will absorb the full force of the collision and may suffer catastrophic or fatal injuries.
With help from a knowledgeable Mesquite pedestrian accident lawyer from H&P Law, you can fight for the compensation you are entitled to. Liable parties can be ordered to repay you in full for your damages when they are held accountable to the fullest extent of the law by your dedicated Mesquite personal injury lawyer. Find out what your next steps should be when you contact our law office to request a free consultation today.
Pedestrian Injuries Are Often Near-Fatal
Pedestrian accidents happen for several reasons. However, in Mesquite and across Nevada, the number of pedestrian injuries is particularly alarming. According to data from the Nevada Office of Traffic Safety 2023 Annual Report, there were 87 pedestrian at-fault accidents across the state in 2023.
However, there were also 48 fatalities in the first half of 2023, according to the Governors Highway Safety Association. Across the country, there were 3,373 pedestrian deaths. While some of these accidents may have occurred due to a lack of sufficient pedestrian crosswalks, others were likely caused by negligent drivers. Only after carefully reviewing the data will we understand what we can do to reduce the number of pedestrian accident injuries and deaths in Mesquite.
You Have Legal Options When Someone Else Is at Fault
Pedestrians are rarely responsible for causing injuries in a car accident. When someone else is at fault, you may have the right to take action against them with help from a car accident lawyer or pedestrian accident lawyer in Mesquite with H&P Law. Potential legal options that may be available include:
- Filing a claim against the liable party’s insurance policy per NRS §485.185
- Contacting your insurance company to find out whether you can file a claim
- Filing a pedestrian accident lawsuit in the Mesquite civil court system
Insurance settlements are one of the top ways to recover compensation after an accident, liable parties are often protected with insurance policies. An insurance settlement may not fully cover your losses. When this happens, you may need to consider filing a claim against your no-fault insurance coverage, uninsured or underinsured motorist coverage, or go to the highest authority possible and file a personal injury lawsuit.
Potential Damages You Could Be Awarded
No matter how you go about requesting the fair compensation you deserve, there are a wide variety of potentially recoverable damages. Now, when you are dealing with the insurance company, do not expect every loss to be covered. Insurance settlements may cover a portion of your medical bills and perhaps your personal property damages, but that is about it.
The remaining damages can be sought through your pedestrian accident lawsuit in civil court. You are entitled to total reimbursement of your damages according to NRS §41A.003. These are commonly referred to as compensatory damages.
Economic damages encompass every financial loss, including loss of income, medical bills, and out-of-pocket expenses. Non-economic damages describe damages that have nothing to do with money, such as pain and suffering, mental anguish, loss of consortium, and disfigurement or skin scarring. It is also possible punitive damages could be paid out in your pedestrian accident claim in accordance with NRS §42.010.
Mesquite Pedestrian Accident FAQ
Working with a skilled pedestrian accident attorney in Mesquite with H&P Law could be the right choice for your claim. We want you to feel determined to take action and unafraid to challenge the liable party in court. Prepare for your upcoming insurance and civil claims by reviewing this quick pedestrian accident FAQ:
When Do Pedestrians Have the Right of Way?
According to Nevada law under Nevada Statute §484B.280, pedestrians generally have the right of way if they are in a crosswalk. Certain crosswalks will have flashing lights and require motorists to stop whenever a pedestrian approaches them. However, other types of crosswalks require the pedestrian to stop and cross only when the crosswalk sign indicates it is safe to do so.
What Is the Statute of Limitations for Mesquite Personal Injury Claims?
Pedestrian accident cases are a type of personal injury claim. You must follow the personal injury statute of limitations in Nevada, which is two years from the accident date under Nev. Rev. Stat. §11.190(4). It is important to know that in some situations, this deadline could pause.
If this happens, the statute of limitations will briefly stop counting down and resume at a later date. For example, if your child were critically injured in a pedestrian accident, the statute of limitations deadline would pause until the child reaches the age of 18 and expires two years from the date of their 18th birthday. Another example could be if you were not diagnosed with pedestrian injuries until a later date.
Can Pedestrians Be Partially at Fault?
Yes, pedestrians can be found partially liable for their injuries. Nevada follows modified comparative negligence rules under Nevada Revised Statutes §41.141, so partial blame could reduce the amount of your settlement. If you were jaywalking, failed to follow traffic rules and regulations, or otherwise shared blame for the accident, you should expect your payout to be reduced in accordance with your percentage of fault.
For example, if you were 5% liable for your injuries, you would only be entitled to 95% of the compensation you are awarded. If you are 10% responsible, you could only recover 90%, and so on. Working with a knowledgeable Mesquite pedestrian accident attorney may be the best way to prevent the at-fault party from taking advantage of the state’s partial liability laws.
Turn to a Trusted Mesquite Pedestrian Accident Lawyer
If you are struggling under the weight of excessive medical bills, emotional trauma, and financial ruin after a devastating collision, you may have the opportunity to bring the liable party to justice. By filing a personal injury lawsuit or insurance claim, you can demand the fair compensation you deserve. Working with a reputable Mesquite pedestrian accident attorney from H&P Law could be the best decision you make for your case.
A pedestrian accident lawyer in Mesquite is prepared to work for you on contingency. You will not pay anything in attorney’s fees unless or until we win. Start working on your pedestrian accident claim as soon as today when you call our office or fill out our quick contact form to schedule your free consultation.
