7 min read time
Table of Contents
What to Do After You're Hit by a Car as a Pedestrian
As a pedestrian, being hit by a car while walking can be a traumatic and severe situation that can result in serious injuries and financial burdens.
However, knowing the correct steps to take after a pedestrian accident can help you better protect your health, legal rights, and compensation.
Move to a Safe Location (If Possible)
Immediately after the pedestrian accident, if you are able to move without risking further injury, move yourself to a safe spot away from traffic to avoid additional accidents.
However, if you feel severe pain or suspect that you have suffered a spinal cord injury or broken bones, don't attempt to move and wait for emergency medical responders.
Call 911
Even if you feel fine or you believe your injuries are minor, call 911 and request for local law enforcement and emergency medical services.
Doing so can provide you with a police report, which can be used as evidence in an insurance claim, and ensure you haven't suffered any serious delayed symptom injuries by receiving on-scene medical assistance.
Exchange Information with the Driver
If you are able to approach the driver involved, exchange the following contact and insurance details:
- Name
- Address
- Phone number
- Driver's license number
- Insurance policy number
- Vehicle information (make, model, license plate)
In addition, to obtain information from the driver involved, if there were any witnesses you saw the accident request contact information so they may give their statement later.
Document the Scene & Collect Evidence
In any personal injury claim, such as one stemming from a pedestrian accident, it's crucial to gather evidence, so you should document the scene by using your cell phone to capture key elements, including:
- The vehicle that hit you
- Visible injuries and damages
- The surrounding area
- Any pedestrian crossing areas
Obtain Medical Treatment
Whether from a hospital or a personal doctor, you must receive medical care immediately after a pedestrian accident, even if you believe you haven't suffered any severe injuries.
The reasons why it's so important to receive a checkup from a medical professional include:
- Lowers the risk of hidden injuries, such as internal bleeding or head injuries, going unnoticed and worsening.
- Provide medical documentation to help prove injuries in your personal injury case, resulting in larger settlement amounts.
Notify Your Insurance Company
If your insurance policy contains personal injury protection (PIP) coverage or you have health insurance, contact your insurance company and notify them of the pedestrian accident.
However, it's important to avoid speaking on fault or accepting recorded statements as if they could be against you and lower your claims value.
Seek Professional Legal Assistance from a Pedestrian Accident Lawyer
It's highly recommended that you contact an experienced personal injury lawyer with experience in pedestrian accidents to ensure that negotiations, insurance companies, and potential court trials are handled correctly and promptly.
For those in Nevada, if you seek to speak to any qualified personal injury attorney, contact The Rodney Okano Car Accident Lawyer Law Firm today by calling (702) 566-3600 for a free consultation.
Nevada Pedestrian Right of Way Laws
Nevada, especially Las Vegas, has a high pedestrian traffic area, so it's crucial that the state has pedestrian right-of-way laws to ensure the safety of pedestrians.
Understanding these pedestrian right-of-way laws in Nevada is crucial for ensuring your protection as a pedestrian and determining liability in an accident.
Pedestrian Right-of-Way Law: NRS 484B.283
Under NRS 484B.283, when drivers approach a marked crosswalk, they must:
- Exercise due care to avoid colliding with pedestrians
- Yield to all pedestrians in a crosswalk
- When a vehicle stops for a pedestrian, other vehicles may not attempt to overtake or pass the stopped vehicle
Failure to comply with NRS 484B.283 could result in a driver facing civil liability, criminal charges, or other serious consequences in the event of a pedestrian accident.
Pedestrian Crossing Law: NRS 484B.287
NRS 484B.287 outlines laws pedestrians must follow when crossing at a marked or unmarked crosswalk and states that:
- Pedestrians must use the right half of crosswalks whenever applicable
- Pedestrians must yield the right-of-way to vehicles if they are crossing outside of a crosswalk or pedestrian zone
In addition, under NRS 484B.307, pedestrians must obey all traffic signals and pedestrian control systems.
Common Causes of Pedestrian Accidents in Las Vegas
Las Vegas is considered a high foot traffic area, which means there are countless causes of pedestrian accidents.
However, there are a few notable causes, and understanding them can help you avoid the dangerous and frightening experience of pedestrian accidents.
Common causes of pedestrian accidents in Las Vegas include:
- Driver Distraction: Distracted driving is one of the top causes of pedestrian accidents in Las Vegas, as when drivers become entranced with their phones or in-car technology, they lose focus on the road and risk hitting a pedestrian.
- Speeding: Drivers who exceed the set speed limit may not have enough stopping distance to yield for a crossing pedestrian.
- Failure to Yield the Right of Way: NRS 484B.283 requires drivers to yield to pedestrians, and drivers who violate this law risk colliding with a walker.
- Driving Under the Influence: The never-ending nightlife of Las Vegas leads to an unfortunate increase in drivers under the influence of drugs or alcohol, which leads to delayed reaction times and trouble spotting pedestrians crossing the road.
- Jaywalking: Not all pedestrian accidents are a result of driver negligence. When a pedestrian crosses the street outside of a crosswalk or goes against traffic signals, they put themselves at risk of getting hit.
What Injuries Can You Sustain in a Pedestrian Accident
When pedestrian accidents occur, they often result in moderate or serious life-changing injuries as pedestrians lack protection against the force of a vehicle.
Common injuries sustained in pedestrian accidents include:
- Head and Brain Injuries: Traumatic brain injuries, such as concussions or brain bleeding, can occur.
- Broken and Fractured Bones: Depending on the vehicle's speed, bone breaks and fractures can occur in the arms, wrists, legs, ankles, pelvis, and ribs.
- Spinal Cord Injuries: Injury to the spine can be severe and result in partial or complete paralysis.
- Internal Injuries: The blunt force trauma resulting from a pedestrian hit by a vehicle can cause internal damage to the lungs, liver, spleen, or kidneys, which can be fatal if not treated by a medical expert.
- Soft Tissue Injuries: More minor injuries, such as sprains, strains, torn ligaments, and bruises, are often present on pedestrians hit by cars.
- Road Rash: If a pedestrian slides or is dragged across the road after being hit by a vehicle, it can result in road rash, a painful friction wound.
- Psychological Damage: Along with physical injuries, pedestrian accidents can also result in psychological harm such as PTSD, anxiety, or depression.
If you suffered any of the injuries listed above, learn if you are entitled to recover damages by calling (702) 566-3600 to speak with a Las Vegas pedestrian accident lawyer.
Who Can Be Liable for a Pedestrian Accident
Under Nevada's modified comparative negligence rule, multiple parties involved in a pedestrian accident can be held liable.
Commonly liable parties in pedestrian accidents are explored below.
Driver
In a majority of pedestrian accident cases, the driver of the vehicle that hit the pedestrian is held liable for the damages and injuries caused by the accident.
This is often due to driver negligence, such as:
- Failing to yield the right-of-way
- Speeding
- Distracted driving
- Ignoring traffic control devices
Pedestrian
In some cases, the pedestrian can be held partially or fully responsible for the accident if they committed a negligent or unlawful act such as:
- Jaywalking
- Ignoring traffic signs or signals
- Darting into traffic or not paying attention
However, in most pedestrian accidents, the injured pedestrian is rarely held liable, as drivers have a responsibility to avoid colliding with pedestrians regardless of the situation.
Employers
Under Nevada's vicarious liability laws, an employer can be held legally responsible for an accident if the at-fault driver was performing work duties at the time of the accident.
Common scenarios where employers are held liable for pedestrian accidents include the following:
- Delivery drivers
- Rideshare drivers
- Commercial truck drivers
Government Entities and Contractors
In rarer cases, government entities or contractors can be held liable if poorly maintained road conditions, such as malfunctioning traffic lights, unsafe road designs, or inadequately marked crosswalks, contributed to the accident.
How to Deal with the Insurance Companies After a Pedestrian Accident
Following a pedestrian accident, it is crucial to know how to deal with the insurance company properly to avoid jeopardizing your potential compensation.
When dealing with the insurance company after a pedestrian accident, you should:
- Report the Accident Promptly: Immediately after the pedestrian accident, notify your insurance company to ensure the claims process is promptly started. However, avoid going into details.
- Avoid Admitting Fault: Insurance adjusters will often attempt to get you to admit fault by asking trick questions, so it's essential to tailor your words.
- Don't Give a Recorded Statement: If the insurance company requests that you provide a recorded statement, decline, as they may attempt to use it to lower your claim's value.
- Avoid Discussing Your Injuries: In most cases, the full extent of your injuries will be unknown until weeks after a pedestrian accident, so avoid talking about your injuries to the insurance company to ensure your claim includes compensation for all the injuries sustained.
- Let an Attorney Handle Communications: Allowing an experienced pedestrian accident attorney to handle communications is highly recommended as they have experience filing claims on the behalf of injured clients and can avoid insurance adjuster tricks, protect your legal rights, and obtain the maximum settlement.
What Damages Can You Seek in a Pedestrian Accident Claim
In a pedestrian accident claim, you can seek economic, non-economic, and, at times, punitive damages.
These damages typically include:
- Medical bills (past and future medical expenses)
- Lost wages (past and future lost income)
- Loss of earning of capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (If awarded)
To ensure you obtain the damages you are entitled to in your personal injury lawsuit, contact our Las Vegas personal injury law firm today by calling (702) 566-3600.
Pedestrian Accident Statistics
According to the National Highway Traffic Safety Administration, around 7,522 pedestrians were killed in 2022.
In addition, pedestrians account for 17% of all traffic fatalities nationwide.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
