A pedestrian accident lawyer Las Vegas NV residents rely on is there to assist in victims and their loved ones after being injured by a vehicle or road obstacle. According to the National Highway Traffic Safety Association (NHTSA), up to 5,000 pedestrians are killed by a motor vehicle each year, and another 76,000 are injured. In Las Vegas, busy road traffic coupled with pedestrians eager to get to their destination has led to numerous incidents. Nadia von Magdenko, a pedestrian accident lawyer in Las Vegas NV, tenaciously fights for the victims of such devastating incidents. During a free consultation, we can discuss your case, and may help you understand the legal options you have.
Establishing Negligence in a Pedestrian Accident
One of the first objectives of a Las Vegas pedestrian accident lawyer is to determine whether or not negligence led to the incident; if so, the next goal is to identify the at fault parties. Whether you’ve been injured by a vehicle, obstacle, or property defect, if negligence is a factor, you might be able to recover damages for your injuries. By legal definition, negligence is the failure to use reasonable care, resulting in damage or injury to another. In order for a pedestrian accident lawyer Las Vegas NV offers to establish negligence, he or she must show the following:
- Duty — the person had a legal obligation to fulfill under the encompassing factors
- Breach – the obligation or duty failed as a result of an action or inaction
- Causation – specific actions led to an accident or injury
- Damages – the plaintiff was harmed or injured
- In the case of pedestrian accidents, there may be multiple parties involved. These could include:
- The driver of another vehicle
- The entity responsible for maintaining the sidewalk, road, parking lot, etc.
- The pedestrian
- Understanding the Driver’s Duty of Care
- Generally, any driver must exercise reasonable care while on the road. Some common factors that might contribute to driver’s negligence are:
- Driving while distracted
- Failing to yield to traffic signals, signs, or crosswalks
- Failing to signal when turning
- Reckless driving (especially in school zones or places with children)
Understanding the Pedestrian’s Duty of Care
As a pedestrian, you also are obliged to exercise reasonable care for your safety. With regards to pedestrian accidents, contributory negligence may be an element to your case. This is not to say you are ineligible for damages, but rather, may also have to take partial responsibility. Due to the precarious matters which might surround your individual claim, it’s advisable to further speak with a pedestrian accident lawyer Las Vegas NV resident’s trust. Some common examples of pedestrian negligence could include:
- Failing to use a designated crosswalk or crossing bridge
- Ignoring “walk” or “don’t walk” signals
- Abruptly entering the flow of traffic
- Darting in front of or behind a vehicle
- Regardless of what you think caused of your pedestrian accident, you may want to discuss the incident with a lawyer.
Pedestrian Accident Resources:
If you or a loved one has been injured or wrongfully killed in a pedestrian accident, contact Nadia von Magdenko, the Las Vegas Pedestrian Accident Lawyer, for a no fee consultation. I know you have questions. Let me answer your questions and guide you through the process of recovery.
- Pedestrian Accidents and the Dangers of Being a Pedestrian.
- Pedestrian Laws in Las Vegas, Nevada.
- What Laws Prevent Pedestrian Accidents and What Laws Must Driver’s Follow?
- What are Pedestrians’ Responsibilities?
- Driver Negligence Examples in Pedestrian Accidents.
- What Should I Do Immediately Following a Las Vegas Pedestrian Accident?
- Wrongful Death Claim After a Pedestrian Accident.
- Las Vegas Pedestrian Accident Lawyer.
PEDESTRIAN ACCIDENTS AND THE DANGERS OF BEING A PEDESTRIAN
According to official Nevada records, 69 pedestrians died on our roadways last year. That means every week, a person is dying while just trying to cross a street in Nevada. Also, from 2008 to 2012, 784 pedestrians were seriously injured on Nevada roadways. That means every other day a pedestrian is being seriously injured or killed while walking down the street.
PEDESTRIAN LAWS IN LAS VEGAS, NEVADA
Nevada has right of way laws that apply to pedestrians and motorists. See NRS 484B.280 and 484B.284. These laws were passed to protect vulnerable pedestrians.
WHAT LAWS PREVENT PEDESTRIAN ACCIDENTS AND WHAT LAWS MUST DRIVER’S FOLLOW?
- Crosswalks exist at any intersection, whether there are marked or not.
- Drivers have to yield to all pedestrians in crosswalks. So, this means, if there is an intersection, with a marked crosswalk or not, drivers must yield to the pedestrians.
- Drivers must stop or slow down before passing another vehicle, which stopped in a travel lane, until the driver can see whether that car has stopped for a pedestrian.
- All drivers must, in the presence of a school crossing guard, wait for all persons including the guard, to completely clear the road before proceeding.
- Have to yield at all times to a blind person using a white cane or service animal.
- When pulling out of parking lots, drivers need to pay attention and yield to pedestrians.
WHAT ARE PEDESTRIANS’ RESPONSIBILITIES?
- Pedestrians have to use the sidewalk and the nearest crosswalk or pedestrian bridge.
- They must obey official traffic-control devices.
- It is their duty to stay in the right-hand half of the crosswalk, whenever practical.
- If no sidewalk is available, pedestrians must walk on the left side of the street facing traffic.
- Crossing an intersection diagonally is not allowed, unless the intersection is specifically designed for this.
- Pedestrians must not suddenly walk into the path of an oncoming car, making it impossible for the car to stop.
DRIVER NEGLIGENCE EXAMPLES IN PEDESTRIAN ACCIDENTS
Many drivers are not paying attention while driving, causing serious injury or even a wrongful death for an unsuspecting pedestrian. A driver can be held liable if they were driving the in following way:
- Driving while using or even looking at their cell phone.
- Making a right hand turn while a pedestrian is attempting to cross the street.
- Texting while driving.
- Driving under the influence of alcohol or medications.
- Driving recklessly.
WHAT SHOULD I DO IMMEDIATELY FOLLOWING A LAS VEGAS PEDESTRIAN ACCIDENT?
Immediately after a Las Vegas pedestrian accident, the best thing for you to do, is to remain at the accident site, call the police and the paramedics. Another important thing to keep in mind, is to document the driver’s contact and insurance information. If you have a cell phone with a camera, take photographs of the accident scene, the vehicle which hit you and your injuries. Seeking immediate medical care is also very important. If you are injured, getting immediate medical treatment is key.
WRONGFUL DEATH CLAIM AFTER A PEDESTRIAN ACCIDENT
If your loved one was killed by the negligence of a distracted or impaired driver, you may be able to hold the at fault driver accountable for their actions, through a wrongful death claim. In every fatality, Metro will conduct an immediate and thorough investigation as to the cause and mechanism of the death. However, even if Metro decides not to bring criminal charges against the driver, you may still be able to pursue a civil lawsuit for damages. In a Las Vegas wrongful death claim, damages for lost of future economic support and loss of love and companionship may be made.
DO YOU NEED A LAS VEGAS PEDESTRIAN ACCIDENT LAWYER?
If you or a family member has been involved in a pedestrian accident, Nadia von Magdenko would like to hear your story. To schedule a free consultation with a pedestrian accident lawyer Las Vegas NV offers, please call 702-385-1600 today.
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