Pedestrian accidents are accidents involving a motor vehicle and a person who is not in a motorized vehicle. This includes people who are walking, standing, waiting, jogging, or riding a bicycle or skateboard. While car accidents between two motor vehicles often result in serious injuries, pedestrian accidents are a different situation as pedestrians’ bodies are exposed and vulnerable to the tremendous force of a machine.
Vehicle versus human isn’t a fair battle and we have encountered pedestrians who suffered an injury at the hands of drivers who:
- Ignored crosswalks or pedestrian lights.
- Exceeded the speed limit or drove recklessly.
- Drive while distracted.
- Drove under the influence.
If you have been seriously injured or a loved one has been killed in a pedestrian accident, you deserve relief and may have a claim for financial damages against the responsible driver.
Modified Comparative Negligence
Nevada’s personal injury laws allow a person who has suffered “personal injury by wrongful act, neglect or default of another” to sue the person who caused the injury for damages. For pedestrian accidents with a serious injury, it is common and expected that insurance companies resist offering fair compensation to pedestrians who have been injured by the responsible driver. Some insurance companies will try to deny liability at all and place the blame on the injured pedestrian.
Under the law, however, even if a victim of a pedestrian accident is partially responsible for their injury, they may still be able to recover damages from the driver. For victims of pedestrian accidents, Nevada operates under a “modified comparative negligence” model. This means that as long as a jury does not find a plaintiff more than 50% at fault for the injury, that person can recover the percentage of damages against the defendant that the jury finds that defendant at fault. An experienced personal injury lawyer can help you explore your legal rights and rigorously defend your right to maximum compensation.
Contact Viloria, Oliphant, Oster & Aman L.L.P.
A pedestrian accident can have devastating physical, emotional, and financial effects on a victim. If you have been seriously injured in a pedestrian accident, or a loved one has been killed, you need an experienced personal injury lawyer. Viloria, Oliphant, Oster & Aman, L.L.P. is a top-rated law firm serving that has a record of providing big results for our clients. We have handled many pedestrian accidents to successful conclusion for our clients. Our award-winning attorneys are smart, driven professionals who will tirelessly pursue maximum compensation on your behalf. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a free case consultation or contact our office through our website.