Skilled Pedestrian Accident Attorneys in Nevada and Utah
Pedestrian accidents are dangerous and can lead to significant personal losses. Recoup the expenses by hiring a pedestrian accident lawyer from Bighorn Law. Our team is ready to walk you through the process right away.
Common Causes of Pedestrian Accidents
Occurrences of pedestrians hit by vehicles are unfortunately not uncommon in Nevada. There are several causes of pedestrian accidents, including:
- Driving under the influence (DUI)
- Driving with distractions
- Speeding
- Driving recklessly
- Failing to yield at crosswalks
- Driving around a school bus
- Backing up the vehicle without looking
- Driving with mechanical problems in the vehicle
- Driving improperly in weather conditions
When a vehicle driver crashes into a pedestrian, the victim has the opportunity to recover their losses. Pedestrian accidents often result in serious injuries that can be lifelong and alter the way you function. These injuries can be a large financial burden to carry. The victim shouldn’t be responsible for making payments on something that might not be their fault. It’s crucial to contact a lawyer who can determine liability right away.
Factors That Establish Responsibility in a Pedestrian Accident
When a driver hits a pedestrian with their car, the victim has a right to recover their losses. To do this, the individual must prove that the driver was being negligent. These guidelines determine the responsibility in a pedestrian accident:
- The driver owed a duty of care to the victim and failed to adhere to it, and an injury resulted.
- The driver broke a law meant to protect the pedestrian, and it caused an injury.
The laws that the driver breaks are many of those listed above. If a driver is drunk driving or speeding and hits a pedestrian, the driver is liable. There is also a case for suing the manufacturer if the vehicle malfunctioned. This situation is considered strict product liability.
Can a Pedestrian Sue if They’ve Been Hit by a Car?
A pedestrian that has been hit by a car has the right to sue. Generally speaking, they have up to two years from the injury to file a personal injury lawsuit. However, pedestrians should realize the case will play out based on who is at fault. Hiring an attorney can help you get the facts straight and receive money for your injury.
The Three Keys to Success in Every Pedestrian Accident Case in Nevada and Utah
Generally speaking, whenever you are injured in an accident caused by someone else’s negligence, you have the right to pursue a pedestrian accident claim against the party that caused the accident. In addition, your spouse may be entitled to pursue a claim against the negligent party for loss of consortium, and your estate and legal heirs may pursue wrongful death claims if the accident results in your death.
That said, the success or failure of any personal injury claim will depend on a variety of factors that must be evaluated before significant resources are spent pursuing the claim. The easiest way to find out if your pedestrian accident case has merit is to consult an experienced Las Vegas pedestrian accident attorney, who can evaluate the facts involved and determine if they will support a successful pedestrian accident claim in Nevada or Utah.
There are essentially three keys to success for every pedestrian accident case:
- Fault for the accident;
- Available insurance coverage; and
- Injuries caused by the accident
To succeed in your pedestrian accident case, or any personal injury case in Nevada or Utah, these three factors must be proven to the judge or jury beyond a preponderance of the evidence. If you are missing any of the three, you probably will not prevail in your case.
Fault for the Accident
Fault refers to what lawyers call legal liability. In other words, who is responsible for the damages caused by this accident? Usually, the best place to start when determining fault is the police report. Though the police report of the accident is not the final word on who is at fault or who is responsible (this determination is reserved for a judge or jury), it is a great source of information about the case and a wonderful place to figure out who is most likely to be deemed at fault for the accident.
Available Insurance Coverage
After you have established the other party is at fault for the accident, the next key to success involves ensuring that there is enough insurance available to pay for your damages. Usually, the at-fault party’s liability coverage is the primary source of funds available to pay for your damages, i.e. your medical bills, lost wages, and pain and suffering. If the at-fault party has no liability insurance and no money, it does not matter that they are at fault because it will not help you pay your bills.
Injuries Caused by the Accident
The final key to success in your pedestrian accident case is proving that the accident caused you to sustain legitimate injuries. To do this, the following essentials are required:
- A doctor must diagnose your injuries
You can go to your family doctor, a walk-in clinic, the emergency room, a chiropractor, a pain specialist, or any licensed physician or doctor to have your injuries evaluated. But your pain, suffering, symptoms, and injuries, must be diagnosed by a doctor.
This is the only way that we can prevail in your case. If you stay home and avoid the doctor, no matter how badly you are injured, we will not be able to prevail in your case. That means we will not be able to get you paid.
In addition, the doctor must form the opinion that your injuries or symptoms were either caused by the accident or, at the very least, aggravated by the accident if you had a pre-existing condition. To help with this, you need to tell the doctor how you were feeling before the accident and how you are feeling after the accident.
For example, if you were feeling fine before the accident, but you started having neck pain, or back pain afterward, it is important to tell the doctor as soon as possible. The bottom line is we cannot get you paid for injuries that a doctor says were caused by something else or that were not aggravated by your pedestrian accident.
- You must treat promptly and regularly with your doctor
Any gaps in your medical treatment can call into question the validity of your claim and the severity of your injuries, and thereby, your entire case. For example, let’s say you got checked out by a doctor immediately after your pedestrian accident, but then didn’t seek medical treatment for your injuries again until you began to experience pain several months later.
In this case, the liable insurance company will argue that your injuries were never severe, or that pain you are experiencing is due to something else other than the accident with their insured. This underscores the importance of not only seeking prompt medical treatment but also following up with that treatment.
Why Hire an Experienced Pedestrian Accident Attorney For Your Case?
If you were injured in a car accident, the liable insurance company probably already has people working behind the scenes to limit your recovery. Every day, all across Nevada and Utah, insurance adjusters scheme to minimize the legal claims of injured people. They attempt to limit or deny legitimate injury claims in a variety of ways, most notably:
- They ask you to sign forms that could jeopardize your case;
- They attempt to obtain your confidential medical records and then use them against you; and
- They ask you to give a recorded statement that can hurt your claim, without the presence of a lawyer who can protect your rights.
Remember, no matter how nice the adjuster from the liable insurance company seems, they serve the interests of the insurance company they work for, not yours. They know exactly what they owe you under the law and all the tricks to get around paying you what they owe.
Large insurance companies have far more experience and resources than you could ever imagine. Making matters worse, they can take all the time they want to review your case, while you only have a limited amount of time to file a lawsuit.
Therefore, you need a great plan and the right tools if you expect to compete. The best way to accomplish this is to employ an experienced pedestrian accident attorney. An experienced personal injury attorney can handle the hassle of the insurance claims process so that you do not have to, and help you maximize your financial recovery.
Our Las Vegas pedestrian accident attorneys will level the playing fields with the giant insurance companies and protect your interests at every turn. Studies show that accident victims who hire attorneys receive higher insurance payouts than people who do not hire attorneys.
How Much Does It Cost To Hire An Experienced Pedestrian Accident Attorney?
In most personal injury cases, clients pay their lawyers using a method that we call a contingency fee. This is essentially a no-win, no-fee agreement, which means that if we do not recover money for you, then you do not pay us any attorney fee or any costs.
There is no payment upfront or out-of-pocket payment. All of your attorney’s fees and expenses will be paid out of the settlement or judgment that we recover on your behalf. What’s more, you will pay us no money until we recover that money for you.
What’s great about a contingency fee arrangement is that it is results-driven. In other words, it motivates us (your attorneys) to get the best result possible for your case, and to obtain as much money as possible for you, as quickly as possible, because we do not get paid until you do.
When we do get paid, it will be is a fixed percentage of your overall recovery. And like most lawyers who practice personal injury law, that percentage will be between 33% and 40%.
We will provide you with all the details of our contingency fee arrangement in advance. This way, you can take as much time as you need to read and review that agreement, discuss it with friends and family, and have any questions you have answered.
It is impossible and illegal for attorneys to guarantee the results of any case. Therefore, we cannot and do not guarantee the outcome of your case. We simply promise to do our best and to work hard on your behalf.
When to Hire a Personal Injury Attorney After a Pedestrian Accident
After a pedestrian accident, you should call an attorney as soon as you can. A personal injury attorney can help you get compensation for pedestrian accidents. The sooner you file a claim, the faster you can have peace of mind knowing you recovered the losses you experienced due to the incident.
Request a Free Consultation Today
If you have been injured by a negligent driver, contact Bighorn Law today to discuss the event. Our experienced attorneys can help you win injury compensation for pedestrian accidents. We will listen to your complaint and help you follow the correct steps. Reach out to us online or give us a call at (702) 333-1111 today.