Pedestrians and bicyclists are helpless in the face of negligent drivers. Cars weigh an average of about 4,000 pounds and the simple physics of a vehicle making an impact against a defenseless person equates to devastating injuries or death. Sadly, far too many drivers fail to exercise a reasonable amount of caution on the road. In our years of experience, these are some of the frequently asked questions (FAQs) that we have been asked by accident victims and their families.
- Will the Driver’s Insurance Company Cover My Medical Expenses?
While a negligent driver is legally responsible for an injured pedestrian’s damages, insurance companies do not have a reputation for being cooperative. It often takes pressure from a personal injury attorney before an insurance company will take a personal injury claim seriously.
- Will My Auto Insurance Cover My Injuries?
As a pedestrian or bicyclist, your automobile insurance may or may not cover your medical expenses. Each case is unique and a detailed analysis of your policy will be required.
- What Damages Can I Recover?
There are a variety of damages that a jury can award, including reimbursing medical expenses, compensating for lost wages and lost earning capacity, and pain and suffering. Also, in extreme cases where a driver acted with “malice”, a pedestrian may be entitled to punitive damages.
- What if a Loved One Was Killed in a Pedestrian Accident?
If you are the wife or child of a pedestrian or bicyclist killed by a negligent driver, or if your child was killed by a negligent driver, you can file a wrongful death claim. Wrongful death damages can cover funeral expenses, grief or sorrow, loss of financial support from the deceased, loss of companionship, loss of comfort, and pain and suffering of the deceased.
- What if the Pedestrian or Bicyclist was Partially at Fault?
They may still be able to recover damages. Nevada operates under a legal model of comparative negligence. This means that a jury can determine what percentage fault to assign to each party involved in an accident. So even if a pedestrian or bicyclist bears some fault for the injury, they can still be awarded a percentage of whatever damages the jury decides are appropriate. The caveat to comparative negligence is that a party that is mostly responsible for an injury cannot collect damages. So if a pedestrian is determined 51% at fault, he or she cannot collect any damages.
Let Viloria, Oliphant, Oster & Aman L.L.P. Assist You
Viloria, Oliphant, Oster & Aman, L.L.P. is a small law firm that focuses on obtaining maximum compensation for people who have been seriously injured or killed due to the negligence of others. Our attorneys are experienced, effective, and intelligent. If you want an attorney to fight for your interest, contact us today. We offer personal injury and wrongful death representation on a contingency fee basis, which means we don’t get paid for our work unless you receive compensation. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a free case consultation or contact our office through our website.