In Nevada, pedestrian accidents happen frequently. You can bring a pedestrian accident civil lawsuit if you are hurt by a motorbike, bicycle, or automobile while crossing the street or strolling on the sidewalk. You can launch a case against any negligent party, including the vehicle manufacturer, the driver, the driver's employer, and other parties accountable for your injuries. Your losses resulting from your injuries will be partially covered by the compensation you receive. However, the legal process can be confusing and daunting, making a knowledgeable personal injury lawyer necessary. Your attorney will fight alongside you in the case to ensure that you are fully compensated for your damages.

What You Can Sue if Injured in a Pedestrian Accident

Like drivers, cyclists, and motorcyclists, pedestrians have equal rights to utilize public roadways safely. To guarantee that everyone is safe when using the road, every road user is responsible for other road users. Tragically, vehicle and bicycle accidents involving pedestrians frequently occur. The good news is that if they can show that someone else was at fault for the traffic accident that caused their injuries, pedestrians are also protected under personal injury laws. If you want to be sure that you present a strong case in civil court, it helps to engage with an experienced personal injury attorney.

You could have enough evidence to bring a lawsuit against the at-fault party if you are hurt while walking alongside or crossing a public road. You can bring a lawsuit for several reasons, including the following:

  • For negligence.
  • For negligence per se.
  • For respondeat superior.
  • For strict product liability.
  • For wrongful death.

As the plaintiff in the case, you will bring a civil court complaint against the defendant (the party liable). When deciding your case, the judge will receive your petition, examine your arguments and supporting evidence, and consider other aspects. If your lawsuit succeeds, the court will order the defendant to reimburse you for your damages.

To better comprehend these causes of action, let's go into more depth about them:

A Negligence Lawsuit

If someone owes you a duty to ensure your safety, but you are injured due to their action or omission, you can file a negligence claim. Most negligence claims result from accidents where no one intended anyone to get hurt. But the negligence theory disregards someone's intentions. What counts is that the alleged defendant did not exercise the care that a prudent person would exercise in the same situation. You will have a strong negligence case if someone violates their duty of care and causes you harm.

You must establish four things for a negligence claim to succeed:

  • That the defendant owed you a duty of care.
  • They breached that duty.
  • The breach is the proximate cause of your injuries.
  • Your injuries resulted in the damages you have in your claim.

Example: On his brand-new motorcycle, Jimmy is zooming down the freeway. Even though two high school students are crossing the street, he is too enthusiastic to slow down. He strikes both students, leaving them with severe head and back injuries.

Jimmy owes other road users a duty of care, just like every other driver and biker. This responsibility means riding cautiously and securely, adhering to all traffic laws, and yielding whenever necessary. However, he disregarded that responsibility, leading to an accident that seriously hurt two high school students. Jimmy will probably lose a negligence lawsuit brought by the students. When that occurs, Jimmy will have to make a complete settlement for whatever losses the students sustained due to their injuries.

A Negligence Per Se Lawsuit

If someone breaks the law and the result is an accident that leaves you hurt, a negligence per se claim would be sufficient. The legislation that an individual breaks ought to be there to safeguard you. For example, if a driver impaired by alcohol or drugs causes an accident, you suffer significant injuries. In this case, the defendant violates the legislation against drunk driving.

You must meet the following criteria to succeed in a negligence per se case against a responsible party:

  • The defendant owed a duty to adhere to a particular law.
  • You are among the people the law was meant to protect.
  • The defendant disregarded that law.
  • Their violation was the proximate cause of your injuries.
  • The injuries led to the damages you included in your claim.

Example: A mother legally crosses a busy roadway with her two small children in a marked crosswalk. But James, one of the drivers on the road at that time, is on the phone. He is preoccupied and does not see the stop sign. James runs a red light and strikes the mother and her kids, seriously injuring them. Later, one of the kids passed away while seeking treatment for her head injuries.

In Nevada, distracted driving is a significant factor in many fatal incidents. James has a duty to drive defensively, safely, and in compliance with all traffic laws, just like all other road users. However, he violated this obligation, resulting in an accident that injured some individuals. James can be sued for negligence per se with success by the woman. She must be compensated enough for everything she lost in the accident.

A Respondeat Superior Lawsuit

A respondeat superior case can occur when an employer is held indirectly accountable for their employees' careless actions or omissions. In the following situations, you can bring this claim:

  • If a worker violates company policy while acting within the bounds of their employment and the resultant accident results in your injuries.
  • A driver’s or biker's employer could be responsible for the damages if the worker was on active duty when the accident happened.

However, you must prove each of these four criteria to file a successful respondeat superior lawsuit:

  • That the driver or biker was an employee of the defendant when the accident happened.
  • The driver/biker was acting within the scope of their employment when they caused an accident.
  • Their actions were the proximate cause of your injuries.
  • Your injuries resulted in the damages you included in your claim.

Example: When Susan loses control of the corporate van while making deliveries, the van hits a pedestrian. The pedestrian suffered severe injuries throughout their body.

In this situation, the pedestrian can sue Susan for carelessness or Susan's employer through a respondeat superior lawsuit. Susan’s employer can be held vicariously responsible for any harm she caused because she was at work when the accident occurred.

Strict Product Liability Lawsuit

Under product liability law, someone who manufactures, sells, or distributes a defective product can be strictly held accountable for the resulting injuries. In this situation, strict responsibility implies that you do not have to show that the defendant was careless in causing your injuries. You simply need to show that the product they created, disseminated, or sold had a flaw when it left their control, that you used it correctly, but that it nonetheless injured you.

If a vehicle or bike malfunctions and injures you as a pedestrian, you could be able to sue for strict product liability. In this case, you will file a claim for damages against the car or bike manufacturer. However, you must demonstrate the following:

  • That a manufacturing, design, or warning fault rendered the vehicle or bicycle defective.
  • The bike or car was broken when it left the defendant's (its manufacturer's) possession.
  • The bike/vehicle was utilized appropriately and in a way that the defendant reasonably anticipated.
  • The flaw caused your injuries.
  • The injuries caused the damages listed in your claim.

Example: Tommy is ecstatic when he receives the brand-new car his father had promised. He is eager to brag about it to his friends. He instantly gets in his car and calls his friends to share the good news. But as Tommy makes his way to his friend's house, he has a strangely tough time stopping at a crossing. It turns out that the car's brake system was defective from the factory. Tommy tragically runs over Bill, who suffers severe spine injuries.

If Bill can show that the vehicle's braking system had a manufacturing flaw, he will prevail in a product liability claim against the car manufacturer.

Wrongful Death Lawsuit

A wrongful death case is brought when someone loses their life due to another person's negligence. When this occurs, the deceased's remaining family members or the estate executors can file a claim in civil court to seek compensation for financial losses. A wrongful death claimant has two years from the date of the death of their loved one to file a case against the at-fault party. Even if the defendant was cleared by a criminal court of a murder or manslaughter charge, you can still pursue a successful claim.

Thus, you can file a wrongful death case against the party or parties at fault if a loved one dies due to being struck by a car or a bicycle while walking on the street. However, you must substantiate the following factors:

  • That a close relative of yours passed away.
  • Their demise was brought on by the defendant's carelessness or wrongdoing.
  • You are the victim's beneficiary or a personal representative.
  • After the victim passed away, you sustained financial losses.

Example: One evening, Kim is going home from work when she is struck by a speeding truck. At the time of the incident, Kim cared for her ill parents and her younger siblings. She supported the family financially.

The truck driver or the trucking firm can be held accountable for their negligence and be made to pay damages to Kim's family to cover funeral and burial costs. Since the commercial truck caused Kim’s death and left the family with a significant financial loss, the family will likely succeed.

The Parties You Can Sue For in a Pedestrian Accident

It is more complicated than it seems to build a pedestrian case. You must go through several procedures to make a strong case and obtain the compensation you are entitled to. For example, you must first prove liability in your case. It entails identifying the party at fault for the accident that caused your injuries. To obtain compensation for your injuries, you must first determine the cause of the accident and the sort of lawsuit you must submit. Listed below are potential defendants to your claim:

  • A negligent biker or driver caused your injuries.
  • The employer if the rider or driver was working when the collision occurred.
  • The government body in charge of road maintenance if the road was dangerous or the traffic lights needed to be maintained.
  • The manufacturer if a flaw in the vehicle or bike caused the collision.
  • The vehicle or bike's former owner if they were careless in maintaining the bike or car.

In a pedestrian accident, one or more people can be blamed for your injuries. For example, you can sue the employer or an employee if their carelessness resulted in your injuries. Your personal injury lawyer will examine your case's specifics to advise you on the best course of action to take.

As soon as you identify the accident's likely cause and the guilty party, you must gather all available evidence against that party to make a compelling case against them. If you can prove that the guilty person was to blame for the accident in which you were hurt, the judge will likely award you damages. Additionally, you need to show that the damages listed in your claim directly resulted from your injury.

The Damages You Can Sue For in a Pedestrian Accident

You must determine the losses you incurred from the accident once you determine the responsible party. You could include the following compensatory damages in your claim against the responsible party:

Medical Bills

In a pedestrian accident, you will probably suffer a physical injury. For that injury, you will need medical attention. All of the medical expenses you have racked up since the accident are included in the damages for your medical expenses. They cover the costs for the medical care you received on the day of the accident and all subsequent fees, like those for doctor's visits, medical consultations, hospital stays, travel expenses to and from the hospital, and any out-of-pocket expenses you could have incurred for your medical requirements. Consider any future medical needs you will likely encounter due to the accident.

Lost Wages

If you usually work but have been unable to since the accident, you should be reimbursed for your lost wages. These damages include all the revenue you could have earned throughout the recovery period. You determine your lost wages by considering the number of days you missed at work and the potential income for those days. If you suffered a significant injury that required you to be in the hospital or at home for several weeks or months to recuperate, you will be compensated more for lost wages.

Lost Earning Potential

If the injury affected your ability to engage in gainful employment, you should be compensated for your lost earning potential. The payment will assist you in meeting your personal needs as you look for new sources of income. Additionally, it could enable you to learn skills that will allow you to support yourself after your recovery.

Suffering and Pain

Additionally, you are entitled to compensation for the pain and suffering you endured due to the accident. Even though you cannot put a price tag on this damage, the judge will grant you compensation based on the severity of the accident and your injuries.

Wrongful Death

If you lost a loved one in a pedestrian accident, you are entitled to compensation for the wrongful loss of your family member. The damages you receive will take care of the dependents' requirements and enable you to give them a dignified send-off.

Punitive Damages

If the plaintiff can show that the defendant was criminally negligent in inflicting their injuries, a civil court judge can occasionally award punitive damages. The purpose of these damages is to deter future acts of criminal negligence by punishing criminal negligence and serving as a deterrent to others.

You can choose an out-of-court settlement with the defendant's insurance provider to save time and money. However, if the insurance provider is unwilling to give you the compensation you are due, you can sue them in civil court. To reach a decision, the judge will consider the case's specifics.

Find a Skilled Las Vegas Car Accident Lawyer Near Me

Have you or someone you know been hurt in a pedestrian accident in Las Vegas?

Knowing what you can claim is beneficial if your injuries result in damages. According to the specifics of your case, a knowledgeable personal injury lawyer can assist you in choosing the best lawsuit to bring. They will also safeguard your rights and guide you through the legal process. We handle all personal injury cases at the Las Vegas Personal Injury Attorney Law Firm. We can help you submit a successful claim to the responsible party. To learn more about Nevada's personal injury laws and how they can help you, call us at 702-996-1224.