In Paradise, pedestrian accidents are alarmingly frequent, and the consequences can be catastrophic. When pedestrians are struck by motor vehicles, they often incur grave, life-changing injuries. These injuries can lead to significant financial and personal hardships.
The majority of pedestrian accidents result from a motorist’s negligence. Pedestrians who are injured by negligent drivers may have the right to seek financial compensation for their medical expenses, lost income, and other economic and non-economic damages.
At the Cottle Firm, our accomplished Paradise pedestrian accident lawyers assist clients in securing the financial compensation they need for the damages they’ve suffered. We are ready to delve into your case and offer legal advice if you have the basis for a personal injury claim. Get in touch with us today at 702-722-6111 to learn more about your legal rights after being struck by a motor vehicle as a pedestrian.
What Are the Most Common Causes of Pedestrian Accidents in Paradise?
Statistics from the Nevada Strategic Highway Safety Plan show that pedestrian accidents most commonly involve drivers hitting pedestrians at intersections, contributing to 34% of all deadly pedestrian motor vehicle accidents. Driver impairment ranks next at 23%, followed by accidents involving senior drivers at 13%. Furthermore, 76% of all pedestrian-involved accidents in Nevada occur after sundown, making nighttime particularly hazardous for pedestrians.
Barring any illegal actions on the part of the pedestrian such as crossing on a red light, driver negligence remains the leading cause of pedestrian accidents in Paradise. Our Paradise pedestrian accident lawyers often deal with the following types of driver negligence:
Failure to Adhere to Traffic Signs and Signals
Every driver on the road has a legal responsibility to adhere strictly to all traffic laws. This includes respecting and obeying all traffic signs and signals without exception. In a situation where a pedestrian is crossing a road and a driver chooses to disregard a traffic sign or signal, the resulting collision can cause serious, sometimes irreversible, harm.
Regrettably, we’ve encountered numerous instances of pedestrian accidents involving drivers failing to comply with traffic laws:
- Drivers attempting right-hand turns at intersections without a green arrow, even when the pedestrian has the right of way
- Drivers neglecting to stop and yield at crosswalks, leading to potential pedestrian accidents
- Drivers blatantly running red lights or stop signs and colliding with unsuspecting pedestrians
Speeding
Drivers exceeding speed limits are often incapable of stopping in time when required, particularly when a pedestrian is crossing at an intersection. Accidents involving speeding drivers invariably result in severe or even fatal injuries for pedestrians. A study conducted by the AAA Foundation for Traffic Safety illustrates the deadly risk posed by speeding to pedestrians.
When a pedestrian is struck at a speed of just 16 mph, they face a 10% chance of severe injury. This risk escalates rapidly with an increase in speed. At 23 mph, the risk leaps to 25%. A further increase to 31 mph sees the risk rising to 50%. At 39 mph, the risk stands at 75%. Finally, at 58 mph, the risk soars to a staggering 90%.
Distracted Driving
Safe and responsible driving requires an unwavering focus on the road and the immediate surroundings. Regrettably, many drivers indulge in distracting activities while at the wheel, endangering not just themselves but also other motorists, bicyclists, and pedestrians.
Distractions while driving can broadly be categorized into three types:
- Visual distractions involve anything that causes a driver to divert their gaze from the road. This could be looking for misplaced items inside the car, reading directions from a GPS, or even adjusting car controls.
- Manual distractions occur when a driver removes one or both hands from the steering wheel. Activities such as eating, drinking, smoking, or adjusting the car radio all qualify as distractions.
- Cognitive distractions arise when a driver’s mind wanders to mentally taxing tasks or concerns, hampering their focus on driving.
Distracted driving is a dangerous trend that has seen a significant uptick with the advent of mobile technology. It’s an issue that we at the Cottle Firm are increasingly noticing in many pedestrian accident cases, reflecting the larger statewide and national trends.
Drunk Driving
Operating a vehicle under the influence of alcohol significantly amplifies the risk of being involved in an accident. In 2019, alcohol was implicated in 44% of all fatal pedestrian collisions, according to data from the Centers for Disease Control.
Drunk driving is not only illegal but also morally irresponsible, and it’s an act that can have devastating consequences. The issue becomes even more alarming when considering the increased risk to pedestrians during nighttime, a period when pedestrian visibility is already low.
Comparative Negligence in Nevada Pedestrian Accidents
In most cases of car-on-pedestrian collisions, it’s the pedestrian who invariably suffers more severe injuries than the driver. However, it’s not always the driver who is solely at fault. There are times when the pedestrian might have contributed to the accident by acting carelessly, such as crossing the street without observing traffic rules or jaywalking.
Nevada’s law follows a pure comparative negligence rule in such situations. Each party involved in the accident is assigned a proportion of blame, and any compensation awarded is reduced by the percentage of the injured party’s fault. You can still seek financial compensation for injuries suffered as long as you were deemed 50% or less at fault for the accident.
Understanding Compensation in a Pedestrian Accident Claim
Pedestrians injured by negligent drivers are entitled to compensation for the economic and non-economic damages they incur due to their injuries. These can include:
- Medical expenses (current and future)
- Lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
In rare and extreme cases, punitive damages may also be awarded. Punitive damages are intended to penalize particularly reckless behavior, such as drunk driving or hit-and-run accidents, and to deter others from engaging in such behavior.
Paradise Pedestrian Accident FAQ
What Should I Do If I’ve Been Hit By a Car in Paradise?
The immediate priority following any pedestrian accident is to guarantee the safety and well-being of everyone involved. Try to move away from traffic or areas that may pose further danger. If the injuries are severe, dial 911 right away. Rendering aid to the victim is not just the humane thing to do, it’s also mandated by Nevada law (if physically capable).
In cases where injuries are not life-threatening, it’s important to remain at the scene and await law enforcement’s arrival (911 will alert them). Leaving the scene prematurely may put you at risk of criminal charges for a hit and run. However, this doesn’t apply if medical responders determine that you require immediate medical attention.
It’s crucial to exchange contact and insurance details with all involved drivers, as required by law. The responding law enforcement officers will compile an accident report based on their observations and testimonies from drivers, pedestrians, and witnesses, if any. Make sure to obtain a copy of this report once it’s ready.
Having a camera or smartphone handy can be beneficial, as photographs of the accident scene serve as tangible evidence of the incident and can aid in establishing liability.
Once law enforcement gives you the go-ahead to leave, it’s essential to seek medical attention without delay. Certain injuries might not manifest symptoms immediately but can have grave consequences if not addressed quickly. Examples of injuries with delayed symptoms include mild traumatic brain injuries and fractured ribs.
Retain all records of medical diagnoses and treatments and adhere strictly to all medical advice and recommendations. This meticulous documentation is crucial when pursuing a claim for damages.
What Can I Do If a Loved One Died in a Pedestrian Accident?
Tragically, collisions between motor vehicles and pedestrians can often be fatal. If you have suffered the loss of a loved one who was struck by a negligent motorist, your family has legal rights. Rather than filing a personal injury claim, you may have the option to file a wrongful death claim against the negligent driver and their insurance carrier.
A wrongful death claim may provide financial compensation for the following damages:
- Medical expenses related to the deceased person’s fatal injuries
- Funeral and burial costs
- Lost wages and benefits, including those that the deceased reasonably could have been expected to earn if they had survived
- Loss of benefits to heirs and other beneficiaries
- Property damage
- Loss of companionship, affection, and care that the deceased provided to family members
Learn More From Our Paradise Pedestrian Accident Lawyers
Navigating the aftermath of a pedestrian accident can be a daunting experience, especially when the road to recovery is steeped in medical, financial, and emotional challenges. However, remember, you do not have to face these trials alone. Our Paradise pedestrian accident lawyers at the Cottle Firm are here to provide the support, guidance, and advocacy you need to secure the compensation you are entitled to.
We encourage you to reach out to us today at 702-722-6111 to take the first step toward reclaiming your life after a pedestrian accident. Let us stand with you in your fight for justice.