Mesquite Pedestrian Accident Attorneys
Pedestrian-Vehicle Accidents in Clark County, NV
Every year, thousands of people are injured or killed after being struck by cars while walking. According to recent reports, more people were killed in pedestrian accidents nationwide between 2016 and 2019 than any other year on record since 1990. In Nevada, specifically, the number of pedestrian deaths resulting from vehicle collisions increased significantly in recent years, with a total of 387 people losing their lives in these types of collisions between the years 2014 and 2018.
If you or someone you love was involved in a pedestrian-vehicle accident in Mesquite or anywhere in Clark County, Nevada, reach out to Bertoldo Carter Smith & Cullen. Our experienced personal injury attorneys understand the immense physical, emotional, and financial challenges you are facing—and we know how to help.
Our team is prepared to aggressively advocate for you and your recovery. We have held countless negligent motorists accountable, recovering millions of dollars in compensation on behalf of victims and their families. Our Mesquite pedestrian accident attorneys are committed to maximizing your recovery so that you can get back on your feet.
Do Pedestrians Always Have the Right of Way?
In Nevada, pedestrians typically have the right of way—but not always. In fact, there are several instances in which pedestrians must yield the right of way to vehicles, as well as several other important rules pedestrians should know when sharing the road with motorists, bicyclists, and others.
Below, we have provided a brief overview of Nevada’s pedestrian laws:
- Crossing roadways outside of designated or unmarked crosswalks (also known as “implied crosswalks”) is prohibited in Nevada
- If a pedestrian does cross a roadway outside of a marked or unmarked crosswalk, they must yield the right of way to vehicles
- Pedestrians must use sidewalks when they are present and available
- If there is no sidewalk, or it a pedestrian cannot reasonably use a sidewalk, they must walk on the lefthand side of the roadway, facing traffic, as far to the left or in the shoulder as possible
- Pedestrians must obey all traffic control devices, such as red lights and “wait” signals, as well as crossing guard/safety officer instructions
- Pedestrians must refrain from suddenly leaving a place of safety, such as a curb, and stepping out into traffic when oncoming vehicles cannot reasonably stop or yield
- When overhead crossings, pedestrian tunnels, and other designated walkways are present and available, pedestrians must use them to cross roadways
- Whenever possible, pedestrians must walk on the righthand side of crosswalks
- Pedestrians may not cross intersections diagonally unless it is explicitly permitted
While pedestrians should obey all applicable traffic laws, motorists still have a greater duty of care to pedestrians than vice versa. This is because vehicles pose a greater risk to people on foot. As such, motorists are required to exercise all due care when sharing the road with pedestrians and should take all reasonable measures to avoid collisions with pedestrians whenever possible.
What Happens If You Are Hit by a Car While Walking?
Often, pedestrians who are struck by motor vehicles suffer catastrophic injuries. It is extremely important that you seek medical attention right away if you have not already done so. Even if you believe that your injuries are minor, or that they will heal on their own, you should still see a doctor. You could have underlying injuries or trauma that may lead to serious health complications if left untreated. Receiving medical care also establishes that you were injured; your medical records can serve as crucial evidence in your future personal injury lawsuit.
Because Nevada follows a traditional tort, or fault-based, system when it comes to motor vehicle accidents, you must prove that another person or party was at fault for the accident. You can then file a claim against their insurance provider or sue the at-fault party directly for damages.
To prove that the driver of the vehicle that hit you was at fault, you must show that they acted negligently, recklessly, or wrongfully. Examples include:
- Driving while distracted
- Texting while driving
- Driving under the influence of alcohol or drugs
- Violating traffic laws (speeding, running red lights, etc.)
- Driving aggressively or recklessly
- Making unsafe turns
- Failing to yield the right of way
At Bertoldo Carter Smith & Cullen, our Mesquite pedestrian accident attorneys know how to investigate pedestrian-vehicle collisions to determine exactly what happened and who was at fault. We can handle every legal detail of your case so that you can focus on your physical recovery.
Why You Shouldn’t Talk to the Insurance Company After a Pedestrian Accident
You should report the accident to the police, but you should not speak to anyone from the driver’s insurance company, including adjusters who may reach out to you in the hours or days following the crash. The insurance adjuster’s job is to limit the company’s payouts; they will often dispute your injuries, claim that you were at fault, or even deny your claim altogether. If you accidentally say something that can be construed as admitting fault, you might jeopardize your recovery.
Instead, leave the insurance company to our attorneys. We know how to aggressively negotiate for a fair settlement and, if necessary, can take your case to trial. Our team is here to protect your rights and push back on the insurance company’s efforts to devalue your claim.
How Long Do You Have to File a Pedestrian Accident Lawsuit in Nevada?
In Nevada, you only have two years from the date of injury to file a personal injury or wrongful death lawsuit, including lawsuits involving pedestrian accidents. Although there are some exceptions, they are rare. In most cases, if the statute of limitations expires before you bring your lawsuit, your case will almost certainly be dismissed, and you will be unable to sue the liable party for damages.
The sooner you reach out to our pedestrian accident attorneys in Mesquite, the sooner we can begin protecting your rights and gathering evidence in support of your claim. Bertoldo Carter Smith & Cullen strives to maximize our clients’ recoveries, helping them secure fair compensation for their medical expenses, future care costs, lost wages, diminished earning ability, pain, suffering, and other damages. As your legal team, we will fight for every penny you are owed.
“They were fast, caring, and always answered my questions and reassured me throughout the process. I highly recommend Lindsay Cullen as an attorney and the firm to represent you if you're seeking any legal guidance.”- Jay G.
“John Bertoldo spent hours with me explaining all legal matters and guiding me in this difficult time for me. The loyalty of this law firm was beyond my expectations. Great settlement and so happy with results!”- Mahir S.
“I was involved in two car accidents within a year. They made everything so seamless and easy for me and were always available for questions or reassurance. This law firm clearly not only cares about what they do, but the clients they do it for. Thank you, ”- Aimee W.
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Our attorneys will handle each aspect of your case, including securing short and long-term medical care, helping to recover lost wages and more.
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