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.
Do You Need Legal Help for A Pedestrian Accident?
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.