What to Know about Liability After a Pedestrian Accident

May 31, 2023 Pedestrian Accidents

Every year, pedestrians suffer serious injuries while walking on Nevada roads. Collisions with large, heavy motor vehicles can result in broken bones, brain damage, and even death. If you or a loved one is involved in a pedestrian accident in Nevada, you have the right to pursue an insurance claim or personal injury lawsuit.

The first step to filing a claim is to identify the liable party. By determining who is at fault, you can take appropriate legal action to hold the responsible party accountable. Here’s what you need to know about liability after a pedestrian accident in Nevada.

Who Can Be Liable After a Pedestrian Accident?

Nevada is a fault accident state, meaning that any person who causes a road accident is liable for the victim’s damages. Other drivers, passengers, and pedestrians have the right to file legal claims against the negligent party and recover compensation for their medical expenses, lost wages, property damage, and more.

Depending on the circumstances, multiple parties could be liable for a pedestrian accident. These may include:

  • A Motor Vehicle Driver: In most cases, the driver of the vehicle involved in the accident is held liable for the injuries sustained by the pedestrian. This includes cases where the driver was distracted, speeding, or disobeying traffic laws.
  • A Product Manufacturer: If the accident was caused by a defective vehicle part, such as faulty brakes or malfunctioning lights, the manufacturer or distributor of that part may be held liable for the resulting injuries.
  • A Government Entity: Sometimes, pedestrian accidents occur due to poor road maintenance, inadequate signage, or other hazardous conditions. In this situation, the government entity responsible for maintaining the road may be held accountable, such as a municipality or transportation authority.

Determining liability can be a challenge, especially if the victim does not remember the accident or there is limited evidence available. In these situations, it is important to consult with a Vegas personal injury attorney who can conduct a full investigation into the collision and determine who was at fault.

What Happens If the Pedestrian Is Partially at Fault?

In some cases, a pedestrian may bear partial responsibility for a collision. For example, if the pedestrian jaywalks or commits a reckless act, the court may consider him or her to be partially accountable for the accident. Nevada applies a legal doctrine of comparative negligence in these situations.

Comparative negligence means that the compensation awarded to the injured party will be reduced by the amount of fault that he or she holds. In Nevada, the victim would not be eligible to recover any compensation if he or she is more than 50% responsible.

For example, if the court considers the pedestrian to be 40% at fault and he or she claims a $100,000 settlement, the final award would be $60,000. If the pedestrian is 55% at fault, he or she would not recover any compensation.

Contact a Nevada Pedestrian Accident Lawyer Today

Navigating a pedestrian accident claim can be a major challenge, especially while you are recovering from a serious injury. In these situations, you need an attorney on your side who can protect your rights, defend your interests, and fight for your right to recovery. Contact a pedestrian accident lawyer in Las Vegas as soon as possible after your accident, or a wrongful death lawyer in Las Vegas in the case of a fatal accident of a loved one, to initiate your claim and take your first steps toward justice.