Determining Liability in a Pedestrian Accident

Pedestrian accidents occur each day in Las Vegas. The accidents leave permanent disabilities when the accident is catastrophic. Determining liability after the crash is something you cannot avoid, especially when chasing compensation. The exercise might be challenging, especially when the accident leads to several fatalities. That’s why you want to seek legal help from a Las Vegas pedestrian attorney. So, how is liability determined in a pedestrian accident?

Nevada laws provide several ways in which you can determine liability after a pedestrian accident. For example, the court, the police report, reconstruction experts, witnesses, and your lawyer may help you determine liability. Also, the driver's negligence is essential when determining liability in a pedestrian accident.

What’s the Legal Meaning of Liability in a Pedestrian Accident?

In Nevada, liability is the person responsible for causing a pedestrian accident. For example, if a car hits you at a crosswalk, determining liability is simple since the pedestrian accident is clear. But if the pedestrian accident involves several pedestrians, determining liability becomes challenging.

Then the case might even proceed to the court for the judge to determine liability.

How Pictures and Images Help Prove Liability in a Pedestrian Accident

Pictures are essential when it comes to proving liability in a pedestrian accident. Remember, gathering evidence to prove liability is critical after an accident. The images and pictures can eliminate doubts, show how the accident happened and even provide graphic evidence of the suffered injuries. Also, the photos will capture information that might be missing from the police report.

Take as many photos as possible immediately after the pedestrian accident before the police arrive at the accident scene. Ensure you take visible quality pictures. Remember, the main goal is to capture as many details as possible. The more photos you capture, the greater the evidence you have to prove liability.

How Witnesses Help Prove Liability in a Pedestrian Accident

Eyewitnesses are very critical when it comes to proving liability. If the accident did not result in severe injuries, you might collect witness information as the police perform their investigations. But if the pedestrian accident resulted in severe injuries, the police may collect eyewitness information and keep them in their report. Sometimes, a passing driver may witness the pedestrian accident and call the police to arrive at the accident scene.

So, the police report may contain information from the passing drivers about their view. For example, a passing driver may witness a hit-and-run pedestrian accident. Then the driver calls the nearby police and provides the description and plate number of the involved vehicle. As a pedestrian, you may not be able to collect the vehicle's information because of severe injuries, road obstacles, poor lighting, or when you’re unconscious after the accident. Therefore ensure you keep in touch with your witnesses after the accident.

How Police Report Help Determine Liability

The laws in Nevada require police officers to file a report after an accident. If a driver strikes you, always ask the driver to wait at the accident scene for the police to arrive. It’s also essential to obtain their names, contact, insurance, and addresses before the law enforcement officers arrive. If you sustain severe injuries, you might ask an eyewitness to help you collect the information.

After the police arrive at the accident scene, they will first look at whether you’re injured, and if yes, call an ambulance. Then the police will interview the witness and carry out their investigation concerning the accident. Next, they will write their report about the pedestrian accident. In their report, they will indicate their view about the responsible party for the accident. Ask the police to issue you a copy of their report to use when proving liability if the case proceeds to the court. Remember, the police report doesn’t necessarily mean you are liable for the accident. For example, if a vehicle hits you and you become unconscious, the police may record untrue information since you’re unable to speak.

The Different Parties That Help Determine Liability in a Pedestrian Accident

When you or your family member is struck by a vehicle in Las Vegas, you must determine who is liable for the accident. It's imperative to decide on exactly the driver who caused the accident. Determining liability will help you receive fair compensation for your sustained injuries. In Nevada, numerous parties may help you determine liability after the accident. The parties include:

How Your Attorney Will Help Determine Liability in a Pedestrian Accident

When you or your family member engages in a pedestrian accident due to another driver's negligence, your pedestrian attorney will help you determine liability. Apart from deciding the liability, the attorney will provide legal help during the entire process. If you don’t have an attorney at your palm, the Las Vegas Personal Injury Attorney Law Firm is here to help you. The attorneys are conversant with pedestrian laws across the state.

If the driver caused the accident due to negligent behaviors like overspeeding, failing to stop, or illegal stop, the lawyer will help prove how the accident occurred. For example, your lawyer will collect evidence, medical exams, and witness testimonials to help determine the liability. After determining the liability, the lawyer will also help you obtain fair compensation. Remember, determining liability isn’t the end of the case; the attorney will guide you until the settlement.

The lawyer will examine damages to determine liability. If you suffered injuries, the lawyer would gather all monetary value upon determining the liable party. Note, the insurance company will attempt to provide a low payout for less than what you deserve after determining the liability. Our attorneys are more ready to negotiate with the insurance company to determine liability and negotiate fair compensation. Also, our attorneys will provide legal help until your case is settled.

When the Pedestrian is Liable for the Accident

A pedestrian might cause an accident due to their actions and behavior while crossing a road or intersection. A cautious driver will take the necessary steps to avoid hitting a pedestrian. But, the pedestrian might behave in a manner making it impossible for a driver driving in a cautious way to prevent the accident. So, the pedestrian's action will become the cause of the accident.

The pedestrian must avoid acting in a manner that is likely to cause an accident. The pedestrian may cause an accident when they engage in any of the following actions:

• Wear dark clothes at night when crossing a road.
• When you are Jaywalking, the pedestrian should cross a road as either directed by the crossing zones or cross when they are sure they won't cause an accident.
• Illegal road cross.
• Entering a crosswalk when the traffic lights signal you wait.
• When you Intentionally throw items on the road.
• You're crossing the road while under the influence of alcohol or drugs.

For instance, you’re a pedestrian trying to cross a road at nighttime while wearing a dark cloth. The driver fails to see you due to the dark cloth. Then the car hits you. The police will investigate the accident scene and determine you are liable for the accident.

The Basic Laws and Rules for Pedestrian in Las Vegas

All drivers in Las Vegas must lawfully respect the law and provide you with the space you require while crossing or walking. Also, the pedestrian has the responsibility to know when to cross the road safely. Every driver must yield to the people walking crosswalks. This involves pedestrians crossing an intersection, even when the intersection doesn’t have marks. It's also against the law to crosswalk when the traffic lights indicate not to cross. The law also doesn’t allow a pedestrian to jaywalk. Jaywalking means crossing a street on the road with two intersections.

Do Insurance Companies Help Determine Liability in a Pedestrian Accident?

As a pedestrian and believe the car driver or any other driver caused the accident, you may seek compensation from their insurance companies. But, the insurance company will try to avoid the claim. First, it will assign the case to an adjuster. The adjuster must carry out further investigations about the lawsuit. Also, the adjuster will investigate whether you were partially or fully involved in the accident. To determine the liable party, the adjuster will do the following:

• Cross-examine eyewitnesses
• Investigate the pedestrian's medical records
• Investigate signs of negligence from the pedestrian
• The road status at the time of the accident.
• The extent of the sustained injuries.

Upon examining the stated factors, the adjuster will decide the liable party and even assign a certain percentage. Also, the adjuster will investigate whether their shareholder was negligent during the accident. Negligence occurs when you fail to act in a way a reasonable person could under the same situation.

In most pedestrian accidents, the liability is clear. But, many insurance companies will not readily accept the liability. The company will focus more on decreasing the compensation amount. Thus if you were hit by a vehicle, you want to hire a pedestrian attorney to help you fight for your compensation. The attorney will also help you calculate your fair compensation.

How Court Determine Liability in a Pedestrian Accident

In Nevada, many liability cases are handled outside criminal courts. But, when the case makes it to the court, a judge will determine the liable party. First, the court will decide whether the driver or the pedestrian was negligent. The jury considers the evidence and arguments from the pedestrian attorney to determine the liability.

After the court determines the liable party, it will order the party to pay the alleged victim compensation. Note, the police report and insurance company don’t control the court's judgment. Several laws determine liability in a pedestrian accident. For example, if the pedestrian violated a traffic rule and resulted in a pedestrian accident, the driver will be responsible for the crash.

Determining liability in a pedestrian accident might be challenging. So, you want to seek legal help from a las vegas pedestrian accident. The lawyer will help you gather enough evidence when deciding liability in the accident.

Gathering Information to Determine Liability after a Pedestrian Accident

Many pedestrians in Las Vegas don’t know what to do after they are hit by a vehicle. So, they face challenges when they seek to file a compensation claim against the alleged driver. Therefore, what should I do after a car hits me? You must take the proper steps after a pedestrian accident. First, you want to gather enough evidence which will help you determine liability before you receive your compensation. Thus do the following:

• Obtain witness information.
• Collect the names of the involved drivers as well as their licenses and number plates.
• Call the law enforcement officers and ensure they issue you with a copy of their report.
• Take as many images as you can.
• Call the involved driver’s insurance company to begin your compensation claim.
• Visit a hospital for checks and treatment.
• Contact your pedestrian attorney.

If you don’t know where to start after the pedestrian accident, you must call your pedestrian attorney for legal help. The attorney will ensure you gather sufficient evidence to help determine liability before you receive your fair compensation. Also, the pedestrian attorney will provide legal assistance throughout the legal process.

Pedestrian Accident Lawsuit

In Nevada, a pedestrian accident lawsuit revolves around the pedestrian or driver’s negligence. The court will hold a driver responsible for the accident when the pedestrian accident occurred due to their negligent behavior. The parties considered negligent of a pedestrian accident include drivers, bicyclists, vehicle manufacturers, and government agencies.

A driver is considered negligent when they fail to behave with the reasonable care required. For instance, all drivers should drive carefully to avoid causing harm to other road users, including pedestrians. The following are the common ways of negligence that might lead to a pedestrian accident:

• Distracted Driving

It involves the driver diverting their attention while driving by communicating or texting over the phone, eating, or even dancing as they operate their vehicle. Distracted driving is the common form of negligence in Nevada recently. Thus if the pedestrian accident happened due to distracted driving, the driver would be responsible for the crash.

• Defective Auto Parts

Sometimes the pedestrian accident may occur due to a vehicle’s defective auto parts. For example, if an auto part supplier or vehicle manufacturer supplies defective cars or components, a malfunction could cause the accident. Defective vehicle components include airbags, tires, and brakes. Thus, if the pedestrian accident happened due to faulty parts, the component suppliers or manufacturers become liable for the crash.

• Driving Under Influence

Driving under the influence involves operating a motor vehicle while under the influence of alcohol or drugs. It’s illegal to drive in Nevada while impaired. Thus, if a pedestrian accident occurs and results in injuries or damages, the intoxicated driver will become responsible for the crash. The state’s law requires the driver to compensate for the sustained damages. As a pedestrian, speak with your pedestrian attorney to help you file a lawsuit against the intoxicated driver.

• Aggressive Driving

Sometimes the traffic might be frustrating in Las Vegas. Thus, the driver's impatience turns to aggression. As a result, the driver engages in negligent acts like overspeeding, thus threatening the lives of other road users, including pedestrians. Then if the pedestrian accident happens due to the driver's aggressive driving, the driver becomes liable for the accident. It means the driver will compensate for the injuries suffered.

• Traffic laws Violation

Nevada has numerous traffic laws, and violations of these laws may cause a pedestrian accident. The commonly violated traffic laws in Nevada include signal failure and running over a red light. Then if a driver violates traffic laws and causes an accident, they become liable for the accident. The alleged driver will also compensate for the injuries suffered by the pedestrian.

• Road Debris

A pedestrian accident may occur due to poor roads. Therefore if the accident resulted from poor road conditions, the government agency responsible for inspecting, maintaining, and repairing roads would be held accountable for the accident. The government agency will compensate for all damages incurred at the accident. So, if you suffer a pedestrian accident resulting from poor roads, don’t hesitate to file a lawsuit against the responsible government agency.

Modified Comparative Negligence in Nevada

The Nevada laws allow you to receive compensation if you’re less than 51% liable for a pedestrian accident. Thus if you think you're partially responsible for the accident, you may still receive compensation for your injuries.

Contact a Personal Injury Attorney Near Me

Pedestrian accidents are incredibly overwhelming. When you are struck by a vehicle in Las Vegas and sustain injuries, you want to determine liability before you receive compensation. However, determining the liability might be challenging, especially when you don’t have a pedestrian accident attorney. Also, working with insurance companies, the police, and the court at the same time may be challenging. That’s why you want to hire a pedestrian attorney in Las Vegas.

Our pedestrian attorneys at Las Vegas Personal Injury Attorney Law Firm are ready to help you determine the liable party after the pedestrian accident. So, don’t hesitate to call us right away. Reach us at 702-996-1224, and we will help you receive the best legal help.