Steps for Recovering Compensation In a Pedestrian Accident Claim

Some states are doing everything they can to help ensure pedestrian safety. Other states, including Nevada, are lagging behind. If you’re injured in a pedestrian accident, you may be dealing with extensive injuries. If the pedestrian accident isn’t your fault, you may be able to recover compensation for your damages. While the common causes of pedestrian accidents in Nevada vary, the steps for filing an injury claim are about the same regardless of how the incident occurs.

Determining Liability for Your Pedestrian Accident

You have specific rights as a pedestrian under Nevada law. However, pedestrians don’t always have the right of way. Sometimes, the law requires pedestrians to yield to traffic. Before you can even get started on the claim process, you must establish fault. 

In other words, you need to prove the individual or entity you’re filing a claim against is responsible for causing your accident. In a Nevada pedestrian accident claim, any of the following can be the liable party:

• The motor vehicle driver. If the driver’s actions are considered negligent, they may be responsible for covering your damages. Negligence is defined as acting in a way that places others at risk. Failing to obey all traffic laws can be seen as negligent behavior.
• Bicyclists and other pedestrians. If a cyclist or another pedestrian is ignoring right-of-way laws and an accident occurs, they may be liable for your damages. Remember, pedestrians do need to yield in certain situations. This also applies to bike riders.
• An Employer. If a driver is performing work duties and injures a pedestrian, the motorist’s employer may be partially or solely responsible for your injuries. For example, if the employer is forcing the driver to work extended hours beyond industry standards, negligence may fall back on the company.
• Manufacturers. Vehicle and parts manufacturers can share or assume all liability for your pedestrian accident. Failing to issue a recall on a known faulty part can shift liability from the driver to the manufacturer.
• Nevada also allows pedestrians to hold government agencies liable for some accidents. If you trip and fall on a broken sidewalk owned by the city or county, the government may be who you’re naming in your personal injury claim.

Accident claims against the government are usually tricky and different laws can come into play. Your statute of limitations for filing a claim may be shorter than if you’re seeking compensation for a cyclist. Before naming a government agency in a pedestrian injury claim, it’s a good idea to consult with a Nevada accident attorney.

Essential Steps for Filing a Nevada Pedestrian Accident Claim

You’ve figured out liability and know who to name as a defendant in your pedestrian accident claim. Now it’s time to address another state law that can impact your insurance claim. Nevada is a comparative negligence state which means you can share fault for your accident.

If you enjoyed a few too many adult beverages on the Vegas Strip and stumbled out of the crosswalk before being struck by a passing car, you may be partially liable. As long as you’re not assessed more than 50% of the blame for the accident, you should be able to recover some compensation. Just be prepared to receive a smaller settlement amount if you’re partially liable. Your settlement amount is reduced by your percentage of fault.

Have or Complete a Medical Treatment Plan

A large percentage of most pedestrian accident claims is medical expenses. Even a quick physical at the doctor's office can be expensive. Even though most pedestrian accidents involve severe injuries, you may walk away from yours. This doesn’t mean a trip to the doctor’s shouldn’t be at the top of your list.

The sooner you start treating your injuries, the faster you can file for compensation. You don’t want to file an accident claim before you know the full extent of your damages. Once you accept a settlement offer, you can’t refile your injury claim even if you still have medical expenses coming in.

Carefully Gather Evidence

The authorities usually investigate pedestrian accident scenes, so don’t get in their way. If possible, try to take some pictures of the area including where the accident occurred. Look around for any surveillance cameras. The footage can go a long way toward supporting your injury claim.

Be careful talking to any witnesses. You can get their contact information but don’t discuss your accident. Don’t even tell anyone you’re doing okay. The insurance adjuster can use anything you say to try and reduce your claim’s overall value.

If you can’t gather evidence at the scene, don’t worry. Your accident report will include a ton of details. Your Nevada accident attorney can also investigate your accident.

Figure Out Your Pedestrian Accident Claim’s Value

Most pedestrian accident claims list economic and non-economic damages. Figuring out the value of your economic losses usually isn’t too complicated. All you’re doing is adding up your bills, receipts, and estimates. If you’re claiming lost income, you’re also going to need your pay stubs. You’re looking for your average annual and daily pay.

The other part of your injury claim is your non-economic losses. This includes things like pain, suffering, and mental anguish. Since your pain didn’t come with a price tag, you’re going to use either the multiplier or per diem method. The multiplier method looks at the total of your economic damages. If you go with the per diem method, you need to know your average daily pay.

Send a Demand Letter and Wait

Once you know the value of your pedestrian accident claim and have supporting evidence, you send a demand letter to the insurance company. The letter simply describes the accident and lists your damages. The insurance company has about 90 days to respond to your letter.

From there, your claim is either approved or denied. You may also be headed to negotiations and this is definitely when you should have a Nevada pedestrian accident attorney by your side. Your attorney can help ensure you receive your accident claim’s maximum value.