Las Vegas Injury Blog, Pedestrian Accidents
Do you want to bring a pedestrian claim and recover for damages that you have suffered due to being hit by a vehicle? Our personal injury attorney can help you do this.
Bring a Pedestrian Claim | What to Do After Being Hit
What happens if you’re a pedestrian and you’ve been hit by a car and injured? There are many factors that are involved in these types of cases. What you will find, shockingly, is that the insurance companies and the insurance adjusters will often out-of-hand deny these cases. They will claim that you, as the pedestrian, were at fault – you were crossing against traffic or you stepped out in front of the car, or somehow it was your fault – whether that’s true or not. They make that allegation and they always try and deny your claim. It’s shocking to me, but it happens repeatedly.
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If you’ve been hit as a pedestrian by a car, it doesn’t mean that you don’t have a case, even though the insurance company and the insurance adjuster will tell you that. What needs to be done is to investigate your claim and look into the facts of the case. Many times, we can take the police report and witness statements, and gather other evidence at the scene to establish that you weren’t at fault. It was the driver’s fault – they weren’t paying attention, they didn’t follow the traffic laws, they didn’t follow the rules of the road, and they are responsible for your injuries. If you’ve been injured because you were a pedestrian and hit by a car, you need to talk to an attorney who has the experience in dealing with these kinds of cases because they’re not as simple as you think.
We often hear that the pedestrian always has the right of way, but the insurance adjuster will tell you, “No, that’s not true. It was your fault, and your claim is denied.” What you need is an attorney who knows this area of law, who knows how to deal with these personal injury cases that involve some unusual circumstances, and who will take the time to build your case and build your claim.
Bring a Pedestrian Claim | Partially at Fault
What happens if you are a pedestrian, you’re hit by a car, you’re injured, but you were possibly, partially at fault? What does that mean in terms of your ability to bring a claim or a case for your injuries and damages? If you are hit by a car, you can be severely injured. The insurance company is going to tell you, “Sorry, it’s your fault,” but what if you were partially at fault and the driver was partially at fault? Very good questions. Here’s the way it works in Nevada.
If the driver of the car is more at fault than you were, you’re entitled to be compensated for your injuries and damages. If it’s 50/50, both of you are equally at fault, you’re still entitled to be compensated for your injuries and damages. If you’re more than 50% at fault, under Nevada law, you then are not entitled to be compensated for your injuries and damages, no matter how badly you were hurt. That’s why these cases are very fact-specific. You need an attorney who’s going to get out and investigate the case, talk to the witnesses, go out to the scene, do the investigation and figure out exactly what happened, exactly who’s at fault and what the probable percentages are.