Battle Born Injury Lawyers | February 6, 2023 | Pedestrian Accidents
Pedestrian accidents have risen in the United States over the past decade. From 2010 through 2020, pedestrian deaths increased by 54%, while deaths from all other traffic crashes increased by 13%.
It is a documented fact that pedestrians hit by motor vehicles sustain severe and life-threatening injuries. When a pedestrian is struck by a vehicle, they generally suffer the brunt of the harm.
Pedestrians hit by a car in Reno, Nevada, can recover compensation for their injuries and damages. The amount of money you could receive for a Reno pedestrian accident claim depends on many factors. Factors that affect the personal injury settlement amount of a Reno pedestrian accident claim include:
The Type and Severity of Your Injuries
Getting hit by a car as a pedestrian in Reno, Nevada, can cause traumatic injuries. Common injuries caused when a car hits a pedestrian include:
- Broken bones and fractures
- Facial injuries
- Traumatic brain injury
- Spinal cord injuries
- Abrasions and lacerations
- Broken and dislocated joints, including angles, wrists, elbows, hips, and shoulders
- Damage to internal organs from being thrown or crushed
Catastrophic and traumatic injuries cost more to treat. Therefore, medical bills typically increase as the severity of the injury increases. Furthermore, you are more likely to be out of work for longer periods, which means additional loss of income.
Allegations of Contributory Fault
Nevada is an at-fault state for pedestrian accidents. You have the burden of proving that the driver caused the collision to recover money for a bicycle accident claim. Proving liability requires you to prove that the other party’s conduct caused the pedestrian accident and you were injured because of the accident.
However, the at-fault party might deny liability for causing the collision. They could also raise issues of comparative negligence. Under Nevada’s comparative negligence laws, your compensation for damages could be reduced by your level of fault.
For example, suppose a jury awards you $500,000 for damages after a car hits you while crossing the street. However, the jurors agreed that you were 20% to blame for causing the accident.
Therefore, under the contributory fault laws, your compensation is reduced by 20% or $100,000. If your fault for an accident is 51% or more, you cannot receive any money for your claim.
Strong evidence proving negligence and liability improves your chance of receiving maximum compensation for damages. An experienced Reno pedestrian accident lawyer has the resources to investigate accidents to gather evidence proving your case.
Amount of Insurance Available
Nevada requires drivers to have a minimum amount of car insurance. A driver must have at least $25,000 in liability information for bodily injury to one person ($50,000 per accident). Therefore, the most you can receive from the liability insurance company for a claim is $25,000 if the person has minimum coverage.
However, you could be entitled to compensation from other sources. For example, if you have underinsured motorist coverage, you could receive compensation from your insurance provider if the funds from the at-fault driver did not pay your claim in full.
An attorney can help you explore other options for compensation, such as suing the at-fault driver and other parties.
However, if you sign a settlement agreement with the insurance company or other party before talking with an attorney, you could give up your right to seek additional money for your claim. Settlement agreements usually contain clauses releasing “all” parties from “all” claims. In other words, you could give up your right to pursue other claims by signing a settlement agreement without legal advice.
Therefore, seek legal advice from a pedestrian accident lawyer before accepting a settlement offer or signing a settlement agreement.
The Types of Damages Recoverable for Pedestrian Accidents
Damages in a pedestrian accident can include economic and non-economic damages. After being hit by a car as a pedestrian in Reno, you could recover money for your:
- Medical bills and the cost of rehabilitative care, including physical and occupational therapy
- Lost wages, benefits, salaries, overtime pay, and other income
- Emotional distress and mental anguish
- Scarring and disfigurement
- Loss of enjoyment and quality of life
- Out-of-pocket expenses
- Physical pain and suffering
- A decrease in future earning capacity
- Assistance with household tasks and personal care
Documenting damages can increase the amount of money you receive for a Reno pedestrian accident claim. If you sustained permanent impairments, you could receive compensation for future damages.
Proving future damages can be challenging unless you obtain evidence and opinions from expert witnesses. An experienced Reno pedestrian accident lawyer can help you take steps to maximize the money you get after being hit by a car in Reno, Nevada.
Contact the Reno Pedestrian Accident Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Reno and you need legal assistance, contact our pedestrian accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
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10789 W Twain Ave #100
Las Vegas, NV 89135
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8540 S Eastern Ave #200
Henderson, NV 89123