Tens of millions of tourists and residents alike walk up and down the Las Vegas Strip every year. Unfortunately, pedestrian accidents involving motor vehicles in the area often occur.
According to the Nevada Department of Public Safety & Transportation, fatal pedestrian accidents consist of 24.4 percent of all traffic fatalities throughout the state. The majority of fatal pedestrian accidents in Nevada generally happened between the hours of 6 PM and midnight (12 AM).
If you or a loved one was recently injured by a motor vehicle or even a bicycle while walking across the street or on a sidewalk in Las Vegas, you can file what is known as a “pedestrian knockdown” lawsuit to hold the driver, his/her employer, and/or the vehicle’s manufacturer liable for your losses.
The following are the various “causes of action” a pedestrian can use as grounds to sue the at-fault party:
Negligence – You (the plaintiff) must prove that the at-fault party (defendant) owed you a duty of care, the defendant breached this duty, the breach led to your injury, and the injury led to damages or losses.
Negligence per se – The defendant had a duty to follow a specific law, the law protects you and other people from harm, the defendant violated the law, the violation led to your injury, and your injury resulted in damages or losses.
Respondeat superior – When a driver or biker is on the job at the time of the collision, their employers may be held responsible under this legal theory. You must prove that the driver was on duty at the time of the crash, the driver was acting in his/her scope of employment at the time, the driver’s actions resulted in your injury, and your injury led to damages.
Strict product liability – If the vehicle’s or bicycle’s malfunction caused the crash, then you could sue the manufacturer. You must prove that the vehicle was defective, the defect existed when the product left the manufacturer, the defect caused the accident and your injury, and your injury resulted in damages.
Wrongful death – If your loved one was killed in a pedestrian accident caused by a driver or biker, then you may file a wrongful death lawsuit on his/her behalf. You must prove that your loved one died, the death was caused by the defendant’s negligent or wrongful actions, you are an heir (beneficiary) or personal representative of your loved one, and you suffered damages as a result of your loved one’s death.
Keep in mind, if the other driver or biker claims you are partially or completely at fault for the crash, you may still be able to recover damages if you were not more than 50 percent at fault for the accident, according to Nevada’s comparative negligence law. This means if you are found to be 51 percent or more to blame for the accident, you will recover nothing from the lawsuit.
If you or a loved one was injured in a pedestrian accident in Las Vegas, contact The Draskovich Law Group today at (702) 381-6590 for a free case evaluation. Let our legal team with more than two decades of experience protect your rights and best interests.