Pedestrian accidents are tragically common across Nevada, especially in densely populated areas like Las Vegas, East Las Vegas, and the Las Vegas Strip. Whether the accident occurred in a pedestrian crosswalk or alongside Las Vegas Boulevard, being hit by a drunk driver can cause severe injuries or even result in wrongful death.
If you or someone you love has suffered such a tragedy, it’s vital to understand your rights under Nevada law and contact an experienced attorney right away.
The Reality of Pedestrian Accidents in Las Vegas
The Las Vegas Valley, particularly areas like Clark County, has seen a troubling increase in pedestrian fatalities and bicycle accident cases due to car accidents involving distracted driving, driver negligence, or gross negligence, such as driving under the influence.
When pedestrians crossing busy roads are struck by a motor vehicle, the resulting trauma can include broken bones, traumatic brain injury, and overwhelming medical expenses.
Common Misconceptions About Pedestrian Accidents
One common misconception is that pedestrians always have the right of way. While traffic laws often favor pedestrian safety, Nevada law requires both drivers and pedestrians to obey traffic signals and signs.
If a pedestrian crosses against a red light, for example, it can complicate a personal injury claim. However, even in shared fault situations, the pedestrian may still be eligible to recover damages under Nevada’s comparative negligence system.
Another myth is that criminal charges must be filed for a civil case to proceed. In reality, a personal injury case can move forward even if the driver isn’t criminally convicted.
Civil liability has a lower burden of proof, and the focus is on compensating accident victims for their losses.
Why You Need a Personal Injury Lawyer in Nevada
When you’re hit by a drunk driver, you face more than just recovery. You face legal, financial, and emotional hurdles.
That’s where a personal injury attorney steps in. From investigating the accident scene to filing a personal injury lawsuit, a skilled Las Vegas lawyer will help you recover damages and hold liable parties accountable.
How a Lawyer Helps
An experienced attorney will:
- Examine police reports and other official documents.
- Identify negligent parties, including both the driver and possibly other vehicles or third parties involved.
- Ensure compliance with local traffic laws and regulations.
- Help you navigate the personal injury claim process.
- Investigate possible gross negligence, which could lead to punitive damages.
Legal Responsibilities and Proving Negligence
In Nevada, drivers owe a duty of care to injured pedestrians, cyclists, and all others on the road. Nevada law allows victims of serious accidents to file civil claims against the at-fault party.
This includes situations involving gross negligence or criminal behavior, such as drunk driving.
Proving Liability in a Pedestrian Knockdown Case
Proving liability involves demonstrating that the driver’s actions directly caused your injuries. This is especially clear in cases where the driver was arrested for DUI or cited for violating traffic signs.
The driver can be held responsible for both compensatory damages (such as medical bills, lost income, and property damage) and punitive damages aimed at punishing reckless behavior.
If a death occurs, the family can file a wrongful death lawsuit to seek compensation for funeral costs, emotional trauma, and lost future earnings.
Role of Comparative Negligence in Nevada
Nevada follows a comparative negligence standard. This means that even if a pedestrian is found partially at fault (e.g., walking outside a pedestrian crosswalk), they can still seek compensation, as long as their share of fault is 50% or less. The final award will be reduced by the victim’s percentage of fault. This makes the role of a knowledgeable personal injury lawyer even more critical.
Understanding Your Rights as an Accident Victim
Being a victim of a pedestrian accident or bicycle accident doesn’t mean you’re powerless. Injured pedestrians have the legal right to seek compensation for the full scope of their losses. These can include:
- Immediate and future medical expenses
- Lost wages and lost income due to the inability to work
- Physical pain and emotional distress
- Property damage to bikes, electronics, or personal items
- Costs related to rehabilitation, therapy, or adaptive equipment
The Financial Toll of Serious Injury
Victims are often shocked by the hidden costs of recovery. Beyond the hospital bills, there are out-of-pocket expenses like medications, mobility aids, home modifications, and even transportation to medical appointments.
Without aggressive legal representation, victims may settle for less than what they truly need. The professionals can also guide you regarding the red flags connected to DUI cases and what to do about them. This ensures you focus on getting the compensation, rather than the details of the case.
Special Considerations for Bicycle Accidents
Cyclists face many of the same dangers as pedestrians. When a bicycle accident occurs due to drunk driving or distracted driving, the cyclist often suffers serious injury or traumatic brain injury. Bicycle safety laws exist to protect riders, but many drivers fail to respect their rights.
Under Nevada law, cyclists are considered vehicle operators and have the right to use the road. Motorists must yield when necessary and maintain a safe distance.
If a driver fails to do so, they can be held liable for damages. Unfortunately, cyclists are often blamed unfairly, making legal guidance essential to proving negligence.
Example: Blame Shifting by Insurance Companies
A cyclist hit in East Las Vegas may be accused of swerving into traffic, even if they were in a designated bike lane. Without video footage or eyewitnesses, the case becomes a “he said, she said”.
But an experienced attorney can request surveillance footage, expert reconstructions, and review traffic flow to uncover the truth. Moreover, they can guide you regarding a motor vehicle accident even if the at-fault party doesn’t have a driver’s license. That said, in any case where you are hit by a drunk driver, having a lawyer can be a major game-changer for the outcome of your case.
Medical Malpractice and Fall Accidents Post-Collision
Sometimes, the harm doesn’t stop at the accident scene. Injuries can worsen due to poor medical care, delayed treatment, or hospital fall accidents—each of which may warrant a medical malpractice claim. Your attorney can assess whether multiple parties share liability.
Holding Multiple Parties Accountable
For example, a drunk driver may be held responsible for the initial impact, while a negligent hospital may also be accountable for a treatment error that caused additional damage. These are complex cases that require legal expertise to coordinate evidence, timelines, and medical testimony.
Role of a Wrongful Death Lawyer
When pedestrian deaths occur, surviving families often suffer not only emotionally but financially. A wrongful death lawyer in Southern Nevada can help file claims against the drunk driver and any liable parties.
This includes proving driver negligence, valuing losses, and fighting for fair compensation. Your lawyer will use documentation like accident reports, police reports, medical records, and expert testimony to strengthen the case.
Addressing Emotional and Financial Recovery
Wrongful death claims aren’t only about numbers. They are also about acknowledgment of the void left by a lost loved one. The emotional trauma suffered by spouses, children, and parents must be properly recognized in any wrongful death lawsuit.
Legal
Steps and How a Personal Injury Case Proceeds If Hit By A Drunk Driver
Free case evaluation: Most attorneys offer a free consultation to discuss the circumstances of the car crash or motorcycle accident.
Investigation:
This includes reviewing traffic safety laws, analyzing traffic flow, and examining all traffic signs and signals at the location.
Filing a claim:
You will file a personal injury claim or wrongful death lawsuit depending on the outcome of the incident.
Negotiations:
Lawyers negotiate with insurers or file suit if the settlement offered is insufficient.
Trial:
If needed, your attorney will represent you in court, presenting evidence to establish liability and gross negligence.
Importance of Swift Action When Hit By A Drunk Driver While Walking or Cycling
Nevada has statutes of limitations that apply to both personal injury and wrongful death cases. Missing these deadlines can permanently bar your right to recovery. That’s why it’s critical to engage an attorney as soon as possible.
Why Choose a Proven Legal Team
Choosing a legal team with a proven track record is vital. Not only should your law firm be familiar with Las Vegas and East Las Vegas, but it should also understand how Nevada law applies in DUI-related pedestrian accidents. A qualified legal team will have experience with:
Criminal charges related to DUI
Punitive damages in cases of reckless conduct
Coordination with local law enforcement and courts
Handling disputes involving other vehicles in multi-car pileups
Bottom Line
If you’ve been hit by a drunk driver while walking or cycling, or if you’ve lost a loved one, don’t wait. Speak with a personal injury attorney today at Bourassa Law Group to start your journey toward justice. We understand these incidents can be highly traumatizing, which is why we’ll ensure you get deserved compensation.
Hit By A Drunk Driver While Walking Or Cycling in Nevada? BLG Is Here
Every moment counts when building a strong case, and immediate legal support could be the key to holding the negligent parties accountable and helping you recover damages fully.
The quicker you reach out to us, the easier it will be for our lawyers to assess your DUI case. Just let us know what your situation is.
Contact a qualified personal injury lawyer for your free consultation today.
1-800-870-8910