Being involved in a pedestrian accident can be a traumatic experience. When that accident involves an uninsured driver, it can add layers of complexity and uncertainty. If you’re a pedestrian hit by an uninsured driver in Nevada, it’s crucial to understand your rights, options, and steps to take to protect yourself and seek the compensation you deserve.
Causes of Pedestrian Accidents in Nevada
Before diving into what to do after being hit by an uninsured driver, let’s briefly touch on the causes of pedestrian accidents in Nevada. Understanding these factors can help pedestrians stay vigilant and drivers remain cautious:
Distracted Driving: With the proliferation of smartphones and other electronic devices, distracted driving has become a leading cause of pedestrian accidents.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of accidents. Pedestrians hit by speeding vehicles are more likely to suffer severe injuries or fatalities.
Impaired Driving: Alcohol impairment significantly impairs a driver’s ability to perceive and react to pedestrians, leading to a higher risk of accidents.
Failure to Yield: Drivers failing to yield to pedestrians at crosswalks or intersections contribute to a significant number of accidents.
Surprising Statistics on Pedestrian-Vehicle Collisions
Understanding the scope of the issue can shed light on the importance of pedestrian safety. Here are some surprising statistics on pedestrian-vehicle collisions in Nevada:
According to the Nevada Department of Transportation, pedestrian deaths accounted for 22% of all traffic fatalities in the state last year.
The Las Vegas area, with its bustling streets and high pedestrian traffic, sees a disproportionate number of pedestrian accidents compared to other parts of the state.
Despite ongoing efforts to improve pedestrian safety, the number of pedestrian accidents in Nevada remains stubbornly high.
What to Do if You’re Hit by a Car
If you find yourself in the unfortunate situation of being hit by a car, especially one driven by an uninsured driver, here are the steps you should take:
Seek Medical Attention: Your health and safety should be the top priority. Even if you feel okay initially, some injuries may not manifest symptoms until later. It’s crucial for injured pedestrian to seek medical evaluation immediately.
Contact Law Enforcement: Call 911 and report the accident. Having a police report documenting the incident can be essential for insurance claims and legal proceedings.
Gather Information: Collect the driver’s information, including their name, contact details, insurance information (if available), and vehicle license plate number.
Document the Scene: If possible, take photos or videos of the accident scene, including any visible injuries, property damage, and road conditions. This documentation can serve as valuable evidence later.
Notify Your Insurance Company: Even if the driver is uninsured, you may still be able to seek compensation through your own insurance policy, particularly if you have uninsured or underinsured motorist coverage.
How to Recover Damages if a Driver is Uninsured
Recovering damages after being hit by an uninsured driver can be challenging, but it’s not impossible. Here are some avenues to explore:
Uninsured/Underinsured Motorist Coverage: If you have this type of coverage in your insurance policy, it can help cover your medical expenses, lost wages, and other damages resulting from the accident.
Medical Payments Coverage: Some insurance policies include medical payments coverage, which can help reimburse your medical expenses regardless of fault.
Personal Injury Lawsuit: In some cases, you may be able to file a personal injury lawsuit against the uninsured driver to recover damages. However, this option may not always be feasible, especially if the driver lacks significant assets.
Negotiation: Your attorney can negotiate with the at-fault driver or their insurance company to reach a settlement that fairly compensates you for your injuries and damages.
Understanding Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage kicks in when the at-fault driver doesn’t have insurance. On the other hand, underinsured motorist coverage (UIM) applies when the driver’s liability insurance isn’t sufficient to cover your damages fully. Having both UM and UIM coverage is crucial for ensuring you’re adequately protected in case of an accident involving an uninsured or underinsured driver.
When UM and Hit-and-Run Coverage Applies
UM coverage doesn’t just apply to accidents involving uninsured drivers; it also extends to hit-and-run incidents where the at-fault driver flees the scene. This coverage can be a lifeline for pedestrians left grappling with injuries and mounting expenses after being struck by a hit-and-run driver.
Legal Options for Pedestrian Accident Victims
When dealing with a pedestrian accident involving an uninsured driver, it’s essential to explore all available legal options. Here’s what you can do:
Consult with a Pedestrian Accident Attorney: A knowledgeable attorney experienced in handling pedestrian accident cases can provide valuable guidance and representation. They can help you understand your rights, navigate the legal process, and pursue the compensation you deserve.
File an Insurance Claim: If you have uninsured or underinsured motorist coverage, you can file a claim with your insurance company to seek compensation for your injuries and damages.
Consider Legal Action: If negotiations with the insurance company or at-fault driver are unsuccessful, your attorney may recommend taking legal action by filing a lawsuit.
Taking Legal Action Against the Uninsured Driver
Being involved in an accident with an uninsured driver can present significant challenges, especially when it comes to seeking compensation for your injuries and damages. However, taking legal action against the uninsured driver is still possible in Nevada. Here’s what you need to know about pursuing a legal claim:
Assess Liability: Determine fault and gather evidence to establish the uninsured driver’s negligence.
Explore Coverage: Utilize uninsured or underinsured motorist coverage from your own insurance company policy or health insurance for compensation.
File Lawsuit: If necessary, initiate a personal injury lawsuit against the uninsured driver within Nevada’s statute of limitations.
Obtain Judgment: Seek a court-awarded judgment for damages, though collecting may be challenging.
Consider Other Parties: Assess potential liability of additional parties involved in the accident, such as vehicle owners or government agencies.
Recovering Damages After a Nevada Pedestrian Accident
In Nevada, pedestrians have the right to seek compensation for damages resulting from accidents caused by negligent drivers. These damages may include:
Medical Expenses: This includes hospital bills, medical costs, rehabilitation expenses, and any other medical treatment related to your injuries.
Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income and future earning capacity.
Pain and Suffering: You may be able to recover damages for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.
Property Damage: If your personal belongings were damaged in the accident, such as clothing or electronic devices, you can seek compensation for repair or replacement costs.
Why Do You Need an Attorney After Being Hit by an Uninsured Driver as a Pedestrian?
You might wonder why it’s essential to seek the guidance of an attorney if you’ve been involved in a pedestrian accident, especially one where the driver is uninsured. Here are several reasons why having pedestrian accident attorneys by your side can significantly benefit you:
Understanding of Insurance Policies: Attorneys can review your insurance policy to determine available coverage options.
Statute of Limitations: They ensure all legal deadlines are met, preventing the loss of your right to seek compensation.
Thorough Investigation: Attorneys conduct comprehensive investigations with the help of professionals to gather evidence.
Protection from Legal Tactics: They anticipate and counteract tactics used by insurance companies to diminish or deny your pedestrian accident claim.
Complex Legal Proceedings: Attorneys guide you through the legal process, from filing court documents to representing you in hearings and trials.
Maximization of Compensation: Attorneys diligently pursue all available avenues for compensation to ensure you receive the full and fair compensation you deserve.
Hit by an Uninsured Driver? Contact BLG for Legal Help
Being a pedestrian hit by an uninsured driver can be a daunting experience, but you don’t have to navigate the aftermath alone. By following the steps outlined above and seeking legal guidance from an experienced attorney, you can protect your rights and pursue the compensation you deserve. Remember, your health and well-being should always come first, so don’t hesitate to seek medical attention if you’ve been injured in a pedestrian accident.
If you’ve been involved in a pedestrian accident with an uninsured driver in Nevada, don’t wait to seek the legal guidance you need. At BLG, our experienced pedestrian accident attorneys are here to help you understand your rights and pursue the compensation you deserve.
Contact us today for a free consultation.
FAQs
What happens if the person at fault in an accident has no insurance in Nevada?
If the at-fault driver doesn’t have insurance in Nevada, uninsured motorist coverage may help cover your expenses, such as medical bills and vehicle repairs. You may also pursue legal action against the uninsured driver for damages.
What is the uninsured driver promise?
The uninsured driver promise is a pledge made by some insurance companies to cover damages caused by uninsured or underinsured motorists, ensuring that policyholders are protected even if the at-fault party lacks adequate insurance coverage.
What happens if you have no insurance but the other driver was at fault?
If you lack insurance but the other driver is at fault, you may face challenges in covering your expenses. However, you can still pursue compensation through legal avenues such as filing a lawsuit against the at-fault driver to recover damages for medical bills, lost wages, and vehicle repairs.
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