Pedestrian accidents occur with startling regularity in Las Vegas. In fact,
Las Vegas in many ways can be considered the nation's pedestrian accident
hotspot. Given the size disparity between a car and a human being, it
is easy to see how so many pedestrians who are run over by vehicles on
Las Vegas streets and highways end up dying as the result of the accident.
The law requires that motor vehicle drivers must always exercise reasonable
care in avoiding collisions with pedestrians. When a pedestrian accident
occurs, it is usually due to some type of negligence on the part of the
driver such as inattentiveness, excessive speed, or a combination of both.
Proving a claim of negligence in a pedestrian accident case depends on
several factors. Specifically, the pedestrian must prove that the driver
who caused the accident operated his or her vehicle in an unreasonable
and careless manner that directly caused the injured pedestrian's injuries.
In Las Vegas, pedestrian traffic is very high, perhaps the highest in the
nation per capita. The Nevada laws that pertain to personal injury are
designed to protect injured persons from other people's careless acts,
and offer a path to legal compensation when certain facts are proven.
The overriding legal principle in this area is that a driver has a duty
to act with reasonable care when operating a motor vehicle. For a claim
like this to prevail in Nevada, it must be shown that the driver violated
the duty of care (inattentiveness, speeding, etc.); that the violation
caused the injury; and that the injury is causally related to the driver's
act. Pain, suffering, medical bills, and lost wages attributable to the
pedestrian accident are all recoverable under Nevada law.
In Nevada, principles of comparative negligence apply. Often referred to
as the “51 percent rule,” this law basically holds that even
if a person is partially at fault, they may recover so long as their negligence
did not exceed the negligence of the other party. In other words, you
can recover for the pedestrian accident so long as the driver's negligence
was greater than your own. See
NRS 41.141. An experienced Las Vegas personal injury lawyer will be able to work
with the injured party to identify the facts of the pedestrian accident
and advise them on their legal rights and how best to proceed.
If you are looking for legal help for your pedestrian accident case in
contact Oronoz, Ericsson & Gaffney now or call us 24/7 at (702) 878-2889.