Pedestrians who are involved in vehicle accidents can encounter extensive physical and financial losses. In such cases, a personal injury claim may be helpful.
In order to receive the settlement that a victim needs to cover medical bills, lost wages, and pain and suffering, it is important to fully understand what a claim entails. There are a few key factors to be aware of concerning pedestrian vehicle accidents.
Duty of care
Nevada traffic laws clearly denote the duties for pedestrians and drivers, as well as passengers. For pedestrians, some of the main duties include:
- Using crosswalks
- Not disrupting the flow of traffic
- Obeying all “walk” signs and signals
These are a few of the set duties, and in pedestrian auto accident claims, claimants must be able to show that they exercised the necessary duty of care, but the drivers did not.
Because a pedestrian accident is a type of personal injury case, the claimant must prove negligence. In order to do this, there are four key points that the pedestrian must successfully argue:
- The driver had a duty of care.
- The driver did not fulfill that duty.
- The lack of care caused the accident.
- The pedestrian sustained injuries or harm due to the accident.
The first point is a given by virtue of Nevada law. In order to argue the other points, claimants must collect and present the proper evidence.
Having the right proof may not only help to prove a case, but may also aid in determining the amount of compensation that the courts will award. It is protocol for parties involved in an accident to exchange information. If there are any witnesses, it is a good practice to obtain their information as well, and a written testimony, if possible. Photos of the scene of the accident and any injuries may also be beneficial during the claim process.
By considering these factors, individuals may be able to develop strong cases. It may also be beneficial to seek counsel from a knowledgeable attorney to determine the best course of action.