Who can be sued after a pedestrian accident?
- the motorist, cyclist, or skateboarder who ran into you by violating traffic laws;
- the property owner, such as if the accident took place in a badly lit parking lot;
- fellow pedestrians who may have pushed or trampled you on the roadway; and/or
- the city, if broken traffic lights, bad signage, or poorly painted crosswalks contributed to the crash.
If the motorist was an underage drunk driver, injured pedestrians may also be able to sue any adults who knowingly furnished the minor with alcohol beforehand.1
What money can I get?
Typical compensatory damages in Las Vegas pedestrian accident lawsuits include reimbursement for:
- past and future medical bills for both minor and serious injuries;
- lost wages from being unable to work from minor or severe injuries;
- diminished earning capacity from being too injured to work; and/or
- pain and suffering.
In cases involving pedestrian fatalities, the victim’s estate and family can file a wrongful death suit in pursuit of burial expenses, loss of support, and more.2
Note that most personal injury lawsuits never reach trial. Instead, the defendants’ insurance companies usually agree to a payout in order to avoid the time and expenses of litigation.
But in cases that do proceed to trial, you can ask the court to award you punitive damages if the defendants acted in a malicious or particularly reckless way. And in many cases, punitive damages can be much greater than compensatory damages.3
What if I partly caused the accident?
Nevada personal injury law permits accident victims to recover damages as long as they were 50% or less at blame.4 So even if you were jaywalking, texting and walking, or ignored a “don’t walk” traffic signal, you still may be able to recover a fair settlement in a pedestrian accident claim.
In cases that reach trial, the court would reduce your damages in proportion to your degree of fault. So if you incurred $100,000 in damages – but the court found you 25% to blame for walking slightly outside the intersection – then you would be eligible to receive $75,000 in damages.
Learn more about Nevada’s comparative negligence laws.
Is there a deadline to file a lawsuit?
Yes. Nevada has a two-year statute of limitations to bring personal injury claims for negligence.5
Two years is actually very short because Las Vegas personal injury lawyers need time to find evidence, track down eyewitnesses, and put together an effective case.
And an accident reconstruction expert may be necessary to examine the vehicle or bike that hit the pedestrian, especially if the police report indicates that the pedestrian was to blame.
So do not wait to consult an attorney following a pedestrian accident.
Is an attorney really necessary?
If you were a pedestrian knockdown victim, you do not have the time to bring a personal injury case on your own. And if you try, the defendants’ insurance defense attorneys will exploit every legal loophole to blameshift the accident onto you and avoid payment. Many accident victims become demoralized and give up seeking justice for their legal rights.
But Las Vegas pedestrian accident lawyers know how to take on the insurance defense firms and demand they make good on their policies. And we take care of the entire legal process so you never have to do anything except concentrate on your family and getting better from your accident injuries. You will never have to make a phone call, file a motion, send a letter, or engage in a heated negotiation session.
Furthermore, we do not take any money unless we are successful in winning your lawsuit. That way, you do not risk a thing by retaining counsel. And we have every incentive to fight for as much money as possible as quickly as possible.
Were you or a loved one injured in a pedestrian accident case or another type of accident? Contact our Las Vegas, NV injury law firm for legal advice, an initial consultation, and a case evaluation. Our experienced Las Vegas pedestrian accident lawyers provide legal representation in personal injury cases in the Las Vegas area, Clark County, and throughout the state of Nevada. Our contact information is on this page.
- See, for example, Pedestrian fatally hit by car on Charleston Blvd. in west Las Vegas, KTNV-13 (May 6, 2022). See, for example: Alexis Ford, Woman killed in hit-and-run was headed to granddaughter’s birthday party, Las Vegas Review-Journal (May 12, 2021); Fennell v. Miller (1978) 94 Nev. 528. Rice v. Wadkins (1976) 92 Nev. 631. NRS 41.1305.
- NRS 41.085.
- NRS 42.005.
- NRS 41.141.
- NRS 11.190.