When Your Life Changes in an Instant: Why You Need a Pedestrian Accident Attorney
A pedestrian accident attorney specializes in helping injured pedestrians secure fair compensation after being hit by a vehicle. Here’s what you need to know right away:
What a Pedestrian Accident Attorney Does:
- Investigates the accident and gathers evidence
- Proves driver negligence and liability
- Handles all negotiations with insurance companies
- Protects you from lowball settlement offers
- Calculates full damages including future medical costs
- Represents you in court if necessary
- Works on contingency (no fee unless you win)
When to Contact One:
- Immediately after any pedestrian accident involving serious injury
- When fault is disputed or unclear
- If insurance companies deny your claim or offer unfair settlements
- When facing medical bills, lost wages, or permanent disability
According to the Governors Highway Safety Association, a pedestrian is killed in a traffic accident approximately every 70 minutes in the United States. Thousands more suffer life-altering injuries each year.
The moment you’re hit by a car, your world turns upside down. You’re facing devastating injuries, mounting medical bills, and lost time from work. While you’re trying to heal, the at-fault driver’s insurance company is already working to minimize what they owe you.
This is why specialized legal help is crucial. A pedestrian accident attorney understands the unique challenges you face. They know how to prove driver negligence, calculate the true value of your injuries, and protect you from insurance companies that will try to take advantage of your situation.
The difference between handling a claim alone and having an experienced attorney can mean securing the full compensation you need for your recovery, lost income, and future.
The Anatomy of a Pedestrian Accident: Causes, Injuries, and Risk Factors
When a vehicle collides with a person, the outcome is often heartbreaking. You have no protection against two tons of steel and momentum. Statistics show that in roughly two-thirds of pedestrian accidents, the driver is at fault, yet pedestrians bear the physical consequences. Understanding the causes and injuries is essential for building a strong case with a pedestrian accident attorney.
Distracted driving is an epidemic. A driver looking at a phone for just a few seconds can travel the length of a football field without ever seeing you in the crosswalk.
Speeding dramatically increases the severity of an accident. A collision that might be survivable at a low speed can easily become fatal when a driver ignores the speed limit.
Failure to yield right-of-way occurs when drivers roll through stop signs or make turns without looking for pedestrians they are legally required to stop for.
Impaired driving from alcohol or drugs destroys judgment and slows reaction times, often leading to the most catastrophic injuries because the driver may not brake at all.
Poor visibility and adverse weather like rain, fog, or darkness make pedestrians harder to see and increase a vehicle’s stopping distance.
Unsafe road design, such as poorly lit intersections, faded crosswalks, or a lack of sidewalks, can also contribute to accidents.
Common Injuries Sustained by Pedestrians
The force of a vehicle collision can cause catastrophic and life-changing injuries.
- Traumatic brain injuries (TBIs) can range from concussions to severe brain damage, causing permanent cognitive or personality changes.
- Spinal cord damage may lead to partial or complete paralysis, requiring a lifetime of medical care and assistance.
- Broken bones, such as shattered pelvises and compound leg fractures, often require multiple surgeries and extensive physical therapy.
- Internal organ damage and internal bleeding are life-threatening injuries that require emergency surgery.
- Road rash and lacerations can be severe, leading to infections, nerve damage, and permanent scarring.
- Psychological trauma, including PTSD, anxiety, and depression, can be as debilitating as physical injuries and may last for years.
Children and older adults are at the highest risk for severe injury or death in pedestrian accidents.
How Environmental Factors Increase Your Risk
While driver negligence is the primary cause of most accidents, environmental factors can create dangerous conditions.
- Time of day: Nighttime is particularly dangerous due to reduced visibility, especially if pedestrians are wearing dark clothing.
- Weather: Rain, fog, and snow can obscure a driver’s vision and make roads slick, reducing traction.
- Poor Lighting: Inadequately lit crosswalks and intersections create blind spots for drivers.
- Road Maintenance: Poorly maintained sidewalks may force pedestrians into the street, while faded crosswalk paint can make designated crossings invisible to drivers.
Critical Steps to Take Immediately After Being Hit by a Car
The moments after being hit by a car are chaotic and frightening. Adrenaline can mask the severity of your injuries. What you do next can protect both your health and your legal rights.
1. Prioritize Safety and Call 911. If you can, move out of traffic to a safe location. Call 911 immediately, even if you think your injuries are minor. You need police to create an official report and paramedics to assess your condition. A police report is vital evidence for your pedestrian accident attorney.
2. Seek Immediate Medical Attention. Let paramedics examine you at the scene, and then go to an emergency room or your doctor that same day. Some serious conditions, like internal bleeding or concussions, may not have immediate symptoms. Delaying medical care can not only endanger your health but also give the insurance company an excuse to argue your injuries aren’t serious or were caused by something else.
3. Document Everything at the Scene. If you are able, use your phone to gather evidence. Take photos and videos of:
- The vehicle(s) involved, including the license plate
- Your injuries
- The accident scene, including crosswalks, traffic signals, and road conditions
- The driver’s license and insurance card
4. Get Witness Information. If anyone saw the accident, get their name and phone number. Independent witness testimony is powerful evidence that can verify your account of what happened.
5. Be Careful What You Say.
- Do not admit fault or apologize. Even a simple “I’m sorry” can be twisted by insurance adjusters to blame you for the accident.
- Limit your conversation with the at-fault driver’s insurer. When they call, provide only basic contact information. Do not give a recorded statement or discuss your injuries. Politely tell them you are hiring an attorney who will be in contact.
By taking these steps, you preserve crucial evidence and give your attorney the foundation needed to build a strong case. This documentation counters the insurance company’s attempts to deny or minimize your claim, helping you secure the full compensation you deserve.
Why You Need a Pedestrian Accident Attorney to Fight for You
The aftermath of being hit by a car is overwhelming. You’re dealing with pain, medical appointments, mounting bills, and the fear of what comes next. While you’re focused on healing, someone needs to be fighting for your rights—and that someone should be a skilled pedestrian accident attorney.
Here’s the reality: you’re up against powerful insurance companies with teams of adjusters and lawyers whose job is to pay you as little as possible. They know you’re vulnerable. They know you need money for medical bills. And they’re betting you don’t understand the true value of your claim.
Insurance Company Tactics to Watch For
Insurance companies use common tactics to reduce or deny claims. They may offer a quick, lowball settlement before the full extent of your injuries is known. Once you accept, you forfeit your right to any future compensation. They will also ask for a recorded statement, hoping you’ll say something they can use to blame you for the accident or downplay your injuries. Some will simply delay the process, hoping you’ll get frustrated and accept an unfair offer.
How a Pedestrian Accident Attorney Levels the Playing Field
A pedestrian accident attorney knows these tactics and how to counter them. Here’s how they fight for you:
- They handle all communication with the insurance company, protecting you from stressful calls and manipulative questions.
- They investigate the accident to prove the driver was at fault. This includes gathering police reports, securing video footage, and interviewing witnesses.
- They calculate your true damages, including current and future medical bills, lost wages, reduced earning capacity, and pain and suffering.
- They manage all legal deadlines, ensuring your claim is filed correctly and on time according to Nevada’s two-year statute of limitations.
- They negotiate for a fair settlement and are prepared to take your case to trial if the insurance company refuses to be reasonable.
An attorney’s investigation is thorough. They may hire accident reconstruction experts to scientifically prove how the collision occurred. They will analyze medical records to establish a clear link between the accident and your injuries. This comprehensive approach builds an airtight case designed to secure the maximum compensation possible.
When Should You Consult an Attorney?
You should contact a lawyer as soon as possible after the accident. It is especially critical if:
- You suffered serious injuries (broken bones, TBI, spinal damage).
- The insurance company is disputing fault or blaming you.
- You have received an unfair settlement offer.
- The case is complex (e.g., a hit-and-run or an uninsured driver).
Most pedestrian accident attorneys offer free consultations, so there is no risk in getting professional advice about your rights and options.
Understanding Your Legal Rights and Potential Compensation
When a driver’s negligence causes you harm, Nevada law gives you the right to seek compensation for your losses. Drivers have a legal duty of care to watch for pedestrians and yield the right-of-way. When they fail in that duty, they can be held financially accountable.
Your pedestrian accident attorney will work to recover compensation for two main types of damages:
Economic Damages: These are the tangible financial losses from your accident. They include:
- Medical Expenses: All costs from the ambulance ride and ER visit to future surgeries, physical therapy, and medications.
- Lost Wages: Income you lost while unable to work.
- Loss of Future Earning Capacity: Compensation if your injuries prevent you from returning to your job or earning the same income as before.
- Property Damage: Costs to replace personal items like a broken phone or torn clothing.
Non-Economic Damages: These compensate you for the non-financial, human cost of the accident. They cover:
- Pain and Suffering: For the physical pain and discomfort you have endured.
- Emotional Distress: For the anxiety, depression, fear, or PTSD resulting from the trauma.
- Loss of Enjoyment of Life: For the inability to participate in hobbies and activities you once loved.
In rare cases of extreme recklessness, such as a drunk driver with prior DUIs, punitive damages may be awarded to punish the defendant and deter similar conduct.
What is Comparative Negligence?
Insurance companies will often try to blame the pedestrian to reduce their payout. Nevada follows a modified comparative negligence rule, which is important to understand. See NRS 41.141.
This rule means you can still recover compensation even if you were partially at fault for the accident, as long as your share of the blame is less than 51%. Your total compensation award is simply reduced by your percentage of fault. For example, if your damages are $100,000 and you are found 20% at fault, you can recover $80,000. However, if you are found 51% or more at fault, you cannot recover anything.
This is why having a skilled pedestrian accident attorney is so critical. They will fight back against unfair blame-shifting tactics and work to prove the driver was primarily responsible for your injuries.
Frequently Asked Questions about Pedestrian Accident Claims
After a pedestrian accident, you’re bound to have questions. Here are straightforward answers to some of the most common concerns we hear from injured pedestrians.
How much does it cost to hire a pedestrian accident lawyer?
Most pedestrian accident attorneys work on a contingency fee basis. This means you pay no upfront fees. The attorney’s fee is a percentage (typically 33-40%) of the compensation they recover for you. If they don’t win your case, you owe them nothing for their legal services.
Case costs, such as court filing fees or expert witness fees, are separate. Many firms advance these costs and are reimbursed from the settlement. Be sure to ask how fees and costs are handled during your free initial consultation.
How long do I have to file a lawsuit after a pedestrian accident?
In Nevada, the statute of limitations for personal injury claims is two years from the date of the injury. This is a strict deadline. If you miss it, you will lose your right to seek compensation forever, no matter how strong your case is.
Two years passes quickly while you are recovering. Evidence can disappear and witnesses’ memories can fade. It is crucial to contact a pedestrian accident attorney as soon as possible to ensure all deadlines are met and your case is built while the evidence is still fresh.
What happens in a hit-and-run or if the driver is uninsured?
Being hit by a driver who flees the scene or has no insurance is a terrifying situation, but you still have options for recovery.
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage on your auto insurance policy is designed for this exact scenario. It can cover your medical bills, lost wages, and pain and suffering up to your policy limits. If you live with a relative who has a policy, you may be covered under theirs as well.
An experienced attorney can also investigate other potential sources of compensation. For example, if a dangerous road condition contributed to the accident, a government entity might be liable. If the driver was working at the time, their employer could be held responsible.
Don’t assume you have no recourse. A knowledgeable pedestrian accident attorney will explore every possible avenue to get you the compensation you need.
Find the Right Lawyer and Secure the Compensation You Deserve
Your life was changed in an instant by a negligent driver. You’re facing physical pain, financial stress, and an uncertain future. You do not have to go through this alone.
Insurance companies have lawyers working to protect their profits. You deserve an advocate dedicated to protecting you. A skilled pedestrian accident attorney will investigate your case, fight back against insurance company tactics, and calculate the full value of your claim—including future medical care and lost earning potential.
Time is critical. Nevada’s two-year statute of limitations is ticking, and evidence can be lost. Victims who try to handle claims alone often settle for a fraction of what they deserve. Don’t let that be you.
You deserve an advocate who understands Nevada law and will fight for you. The attorneys in the Injury Nation directory specialize in these cases. They work on a contingency basis, meaning you pay nothing unless they win your case, and they offer free consultations.
Take the first step toward rebuilding your life. Connect with a top-rated pedestrian accident attorney who will fight for the compensation you deserve while you focus on your recovery.
