Being hit by a car while walking in Las Vegas is very different from being involved in an accident while you’re inside another vehicle.
There is no seat belt, airbag or vehicle around you to absorb the impact. Even a collision that occurs at a relatively low speed can result in serious injuries to a pedestrian.
If you’ve been injured in a Las Vegas pedestrian accident, what you do after the collision — and the evidence that can be preserved — may become important to your injury claim.
Here’s what you should know.
Get Medical Attention After a Pedestrian Accident
Your health comes first.
If you’ve been struck by a vehicle, seek appropriate medical attention even if you’re initially able to stand or walk away from the accident.
Pedestrian accidents can cause head injuries, broken bones, back and spinal injuries, internal injuries, cuts and other trauma.
Some symptoms may also become more noticeable after the initial shock of the accident has passed.
Medical records can later become important documentation of your injuries, treatment and recovery.
Report the Accident
If you’ve been hit by a vehicle, contact law enforcement and report the accident.
A police investigation can document information about the driver and vehicle, the location of the collision, witnesses and other circumstances surrounding the accident.
Don’t assume that you don’t need a report because the driver stopped and provided insurance information.
What seems straightforward immediately after an accident can become much less straightforward once an insurance company becomes involved.
Preserve Evidence If You Can
If your injuries allow it, photographs and video can be extremely helpful.
Try to document the vehicle, your injuries, the location where you were hit, the crosswalk or intersection, traffic signals, signs and surrounding area.
Also look around.
Las Vegas businesses, hotels, casinos, parking areas, residences and traffic systems may have cameras that captured the collision or what happened immediately before it.
Witnesses may also have seen the accident.
Get names and contact information when possible.
Evidence can disappear. Video can be overwritten, physical conditions can change and witnesses can become difficult to locate.
Who Has the Right-of-Way in a Nevada Crosswalk?
Nevada law establishes responsibilities for both motorists and pedestrians.
When traffic-control devices aren’t in place or operating, a driver generally must yield to a pedestrian crossing within a crosswalk when the pedestrian is on the half of the roadway where the vehicle is traveling or turning, or is approaching closely enough from the opposite half to be in danger.
Drivers also have a broader responsibility to exercise due care to avoid colliding with pedestrians.
But pedestrians have responsibilities too.
A pedestrian cannot suddenly leave a curb or other place of safety and enter the path of a vehicle that is so close that the driver cannot reasonably yield.
The specific facts surrounding the collision therefore matter.
What If You Were Hit Outside a Crosswalk?
Being outside a marked crosswalk does not automatically answer the question of who was responsible for a pedestrian accident.
Nevada law generally requires a pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection to yield the right-of-way to vehicles on the roadway.
But drivers still have a duty to exercise due care to avoid colliding with pedestrians.
That means an investigation may need to look at much more than whether painted crosswalk lines were underneath your feet.
Where did the driver first have an opportunity to see you? How fast was the vehicle traveling? Was the driver distracted? What were the lighting and visibility conditions? Were traffic signals involved?
Those details can matter when determining responsibility.
What If the Driver Says the Accident Was Your Fault?
Don’t assume the driver’s version of events determines what happens with your claim.
Insurance companies may investigate whether a pedestrian contributed to an accident.
Nevada uses a modified comparative negligence system. That means responsibility can potentially be divided between the people involved in an accident.
If an injured person’s negligence is not greater than the negligence of the party or parties from whom recovery is sought, compensation may still be available, although the amount can be reduced according to the injured person’s share of responsibility.
This can become particularly important in pedestrian accidents involving disputes over crosswalks, traffic signals, visibility or where the pedestrian entered the roadway.
What Evidence Can Help Determine What Happened?
A pedestrian accident investigation may include much more than the driver’s statement and the pedestrian’s statement.
Depending on the circumstances, useful evidence may include:
- Police reports
- Witness statements
- Photographs and video
- Nearby surveillance footage
- Traffic-camera footage when available
- Vehicle damage
- Physical evidence at the scene
- Cell phone or other records when relevant
- Medical records
- Information about traffic signals and signs
In a serious pedestrian accident, determining what evidence exists — and taking steps to preserve it — can be important.
What Insurance Pays After a Pedestrian Accident?
If a driver caused the accident, the driver’s automobile liability insurance may be a potential source of compensation.
But insurance issues can become more complicated when the driver is uninsured, doesn’t have enough insurance to cover serious injuries or disputes responsibility for the accident.
Other insurance coverage may also need to be investigated depending on the circumstances.
Don’t assume there is no claim simply because the driver doesn’t have enough insurance or because an insurance company initially denies responsibility.
What Can You Recover After Being Hit by a Car?
The damages involved in a pedestrian accident depend on the injuries and circumstances of the individual case.
A claim may involve medical expenses, lost income, pain and suffering and other losses resulting from the accident.
Serious injuries may require ongoing medical treatment, rehabilitation or affect someone’s ability to return to work.
For that reason, evaluating a pedestrian accident claim may require looking beyond the medical bills that have already arrived.
The long-term consequences of the injuries may also matter.
Be Careful About an Early Insurance Settlement
An insurance company may contact you after the accident.
Before accepting a settlement, make sure you understand the extent of your injuries and what the settlement covers.
Once an injury claim is fully settled and released, you generally cannot simply reopen it because your injuries turned out to be more serious or expensive than you initially expected.
This can be particularly important after a pedestrian accident when significant injuries require continuing treatment.
Hit by a Car While Walking in Las Vegas?
A pedestrian accident can leave you dealing with serious injuries, medical bills, time away from work and questions about what happens next.
Determining responsibility may require looking at the driver’s actions, pedestrian right-of-way rules, traffic signals, witnesses, video evidence and the circumstances immediately before the collision.
Kim Welch Law represents people injured in pedestrian and motor vehicle accidents in Las Vegas, Henderson and throughout Southern Nevada.
Before representing injured clients, Attorney Kim Welch worked on the other side representing insurance companies. For more than 30 years, she has used that knowledge to represent people injured through the negligence of others.
If you or a loved one has been hit by a vehicle while walking, contact Kim Welch Law for a free consultation. Personal injury cases are handled on a contingency basis, so there are no upfront attorney fees.
Kim Welch Law offers free case evaluations with no obligation. We’ll give you an honest assessment of where your case stands and what we can do differently. Contact us here. You can also find us on Facebook for Nevada or Colorado.