Being hit by a vehicle as a pedestrian is a life-changing event. Pedestrians are always in danger because of the high traffic in the city, busy roads, and distracted or intoxicated drivers. The cost of surviving such a crash is usually high in terms of serious physical injuries, emotional trauma, and long-term financial burdens.

Unfortunately, your recovery will not just depend on medical treatment. It also depends on how you handle the at-fault driver's insurance company. These corporations want to pay as little as possible and usually employ aggressive methods to coerce you into accepting much less compensation than you deserve.

You should understand how these insurers work if you desire a fair settlement, and you should not do it alone. A skilled Las Vegas pedestrian accident lawyer will protect you against such unjust strategies, build a robust case, and argue on your behalf to receive the compensation you deserve. Contact Dallas Horton & Associates today to schedule a free consultation. Allow our experienced personal injury lawyers to deal with the insurance company as you concentrate on recovery.

How Pedestrian Accidents Happen in Las Vegas

In 2023, the Las Vegas Metropolitan Police Department registered 774 pedestrian-related accidents, which is 4.4 percent less than in 2022 (813 cases), but unfortunately, 53 of them were fatal.

These figures can be attributed to urban problems like:

  • Pedestrian vulnerability: Pedestrians lack protective barriers, and minor collisions can result in serious injuries or even death.
  • Infrastructure problems: Broad streets, dim lights, few crosswalks, and inadequate pedestrian signals add to the hazard.
  • High-risk periods: The most dangerous times are at night, especially between 10 PM and 2 AM, when 45% to 60% of accidents happen.

What to Do Immediately After a Crash

  • Dial 911 and seek medical help immediately. Your health is your priority, and early treatment also records your injuries.
  • Preserve necessary evidence on the scene:
  • Photograph/video the scene of the accident and damage to the car.
  • Write down witnesses and their contact details.
  • Observe traffic lights, signs, lights, and road conditions.
  • Remain in a secure location, but do not move unless you need to prevent additional injury.
  • Obtain the police report. They give their findings and interview witnesses, which helps your case.
  • Inform your attorney as soon as possible. Obtaining the services of an expert attorney at an early stage can safeguard your rights and preserve vital evidence.

Common Causes of Pedestrian Knockdowns in Nevada

Pedestrian accidents in Nevada are seldom true accidents. The majority of them are caused by avoidable driver behavior, and the behavior directly influences the fault determination and the way your insurance company will handle your claim.

Below are the most typical reasons:

Drunk or Drugged Driving

Driving under the influence of alcohol or drugs is among the significant causes of injuries and deaths of pedestrians in Las Vegas. Drivers under the influence have slow reaction time, impaired judgment, and blurred vision, and so they can easily miss pedestrians crossing the road or walking alongside the road.

If the at-fault driver was arrested or cited with DUI at the scene, this is highly beneficial to your insurance claim and can even result in increased compensation, including punitive damages in some instances.

Driving at High Speed in High-Traffic Areas

The streets of Las Vegas, especially those around the Strip and residential areas, are very busy with vehicles and people. A speeding driver does not have enough time to respond and can fail to stop to prevent an accident.

Speeding indicates a blatant disregard for traffic safety regulations. Insurance companies usually attempt to downplay it, but when you have good evidence (police report, witness statements, skid marks, surveillance footage), your lawyer can prove fault and prevent any effort to diminish your claim.

Disregard of Traffic Signals and Crosswalk Laws

The most hazardous situations to pedestrians are caused by drivers who do not yield at marked crosswalks or run red lights. Such violations are widespread in rush hours or at night when visibility is poor.

The insurance adjusters can attempt to say that the pedestrian was jaywalking or crossing incorrectly. If there is evidence that the driver did not obey traffic controls, your lawyer can contradict this argument and support your claim.

Distracted Driving

Distracted drivers are becoming a menace in Nevada, whether it is texting, eating, tinkering with the GPS, or just daydreaming. It takes only a few seconds of distraction to hit a pedestrian, devastatingly affecting the driver.

Distraction can be hard to prove, yet effective. Your lawyer can use phone records, dashcam footage, or witness statements to confirm that the driver was not focused on the road, and his/her insurer is responsible for covering your injuries.

Nevada’s Comparative Negligence Law and Its Impact on Your Claim

Nevada adheres to a modified comparative negligence system, which may significantly influence the result of your pedestrian accident claim. Under this law, you can still obtain compensation even though you were partially at fault, only when your percentage of the blame is less than 50%. This is commonly known as the 50% bar rule.

If pedestrians are less than 50% at fault in the accident, they can recover damages, but the fault percentage diminishes the award amount.

For example, if you are awarded $100,000 in damages but found to be 20 percent at fault, for instance, you crossed not in a marked crosswalk, your award would be reduced by $20,000. You would get $80,000. But if you are 50 percent or more to blame, Nevada law denies you any compensation.

The Importance of Proving Percentage of Fault

One of the most critical components of your case is to prove a correct and positive percentage of fault. This is why it is necessary to have a skilled personal injury lawyer who can:

  • Contest exaggerated fault claims by the insurer
  • Prove driver negligence using surveillance footage, eyewitnesses, and accident reconstructions
  • Reduce your exposure to comparative fault and safeguard your compensation

The Role of Insurance Companies After a Pedestrian Accident

You already narrowly escaped being killed when you were hit by a car, but your fight is not over yet, as you need medical care, and, in many cases, you have just entered into your battle against the insurance of the driver at fault.

According to Nevada law, all motorists must obtain liability insurance, which will help them cover injuries or damage to property they cause. However, insurance companies are profit-making businesses aiming to minimize payouts, even though they are designed to guard victims, including yourself.

Liability Insurance Requirements in Nevada

According to NRS 485.185, motor vehicle drivers in Nevada are required to insure at least one of the following bare minimum amounts:

  • $25,000 for bodily injury or death per person
  • $50,000 per accident for bodily injury or death
  • $20,000 for property damage

Many drivers also carry high policy limits. However, do not think the insurer will make such a beneficial gesture and fork out the policy amount.

You might be tempted to talk to the other driver who caused a crash, but as soon as a case has been filed, you should speak with the other driver's insurance company. This translates to the fact that you have an insurance adjuster whose task is to:

  • Probe into the accident
  • Manage the narrative
  • Reduce the amount of risk exposure of the insurance company

The adjuster may call you within days or even hours of the incident.

Watch Out for Early Settlement Offers

The most universal trick the insurers apply is offering a low, speedy settlement. This may be considered a time-sensitive offer, usually with the adjuster piling it on you to get it over.

This is the reason you need to be careful:

  • It is possible that you do not even realize the severity of your traumas
  • You may have the right to much more in case of long-term medical needs, income loss, or pain and suffering
  • When you agree to a settlement, you relinquish the privilege of demanding other damages in the future

Insurers rely on the fact that you will be crushed, hurt, and anxious over rising bills. That’s why their first offer is rarely fair.

Tactics Insurance Companies Use to Undermine Your Claim

Insurance companies will not give you what your pedestrian accident claim is worth, at least not without a struggle. Adjusters are trained to undermine, delay, or deny your compensation through techniques that will protect their bottom line. This is how they do it, and how an attorney can protect you.

Requesting Recorded Statements

Shortly after the accident, the adjuster might call you and ask you to give a recorded statement so that they can get your side of the story. Although this may appear harmless, it is one of the most prevalent pitfalls in pedestrian injury cases.

The insurance company will scour your statements looking for any contradictions or statements of partial blame; even off-the-cuff comments such as “I did not see the car coming” can be interpreted to mean that you were at fault. They can also use the police report and twist it to implicate you.

Also, your medical claim can be discredited or liability disputed later with these recordings and statements. Never make any statement without first consulting an attorney. Better still, have your attorney talk on your behalf.

Placing the Blame on the Pedestrian

Insurance firms prosper on the comparative negligence law in Nevada. Their goal is to get your share of blame over 50 percent, so they will not have to pay anything.

Typical excuses of insurers are:

  • You were crossing the street illegally
  • You went across against the light
  • You were preoccupied with your phone or with headphones on
  • You were under the influence of alcohol

Adjusters will do what they can to muddy the waters even when there is little or no evidence of pedestrian fault.

Upon confessing even a small part of the blame or agreeing to their account of what happened casually, they will use this to diminish your claim or dismiss it altogether. Have your attorney talk with the insurer and dispute any overstated fault claims.

Disputing the Severity of Your Injuries

Insurers will also look into devaluing your claim by disputing how much you were injured, even when liability is evident.

Tactics include:

  • Claiming that your injuries are minor because of a low-speed collision
  • Denying that your symptoms are exaggerated or pre-existing
  • Using delays in treatment to suggest your injuries weren’t caused by the accident

Early diagnosis and medical records will make it difficult for the insurers to challenge your injuries. Your lawyer can help you find reputable medical experts who understand how to record trauma to recover damages.

Settlement Payment Delay

Even where an insurance company has agreed to pay, they can delay the payment, hoping that the accumulating medical bills or financial strain will make you accept less.

This is a typical strategy that is employed to:

  • Cause you are desperate enough to accept less
  • Drain your finances so that they can compensate you on their terms

Your lawyer can pressure the insurer and protect your financial situation by assisting in arranging lien-based care. This way, you do not have to pay out of pocket during the period it takes to resolve the claim.

Refuting or Disputing the Negligence of Their Client

When everything goes wrong, the insurer can claim the policyholder was not to blame. This is particularly prevalent in:

  • Multi-vehicle collisions
  • Accidents that occur at night when visibility is poor
  • Accidents at unclear intersections or poor signage

In such instances, your counsel will have to demonstrate negligence by the preponderance of the evidence. This means it is more likely than not that the driver caused your injury.

Other legal grounds that are considered are:

  • Respondeat superior—when the driver was at work, their employer might be responsible
  • Negligence per Se—the driver had broken a particular safety law
  • Product liability—in case there was a malfunction in the vehicle

How to File a Claim Against an At-Fault Driver’s Insurance

Claiming the at-fault driver's insurance company might be easy when you are injured in a pedestrian accident. Nevertheless, do not be mistaken; this is a complicated, adversarial, and legally tricky process. The insurer will examine every word you speak and document you provide, and they will do so to reduce your compensation.

To defend your rights and receive the highest possible compensation, it is necessary to take the following steps, and it is better to do so with the help of an experienced attorney.

Step 1: Photograph the Scene and Collect Evidence

You must have evidence before you can make any claim. In case you are physically fit after the crash:

  • Photograph the accident scene, damage to your vehicle, traffic lights, and visible injuries
  • Obtain the name and contact details of all witnesses
  • Record the time, place, weather, and cameras on the street around you

Step 2: Get the Police Report

Dial 911 right after the event. After the law enforcement arrives, the findings will be summarized in a traffic collision report, which:

  • Describes the view of the officer on fault
  • Contains the words of drivers, pedestrians, and witnesses
  • Detects possible traffic offenses (such as DUI or speeding)

This report forms a core part of your argument. Your lawyer will assist you in seeking it and going through it to see what the insurer can attempt to distort.

Step 3: Find the Insurance Company of the At-Fault Driver

According to the Nevada law, the driver must present their insurance details on the spot. Make sure you gather:

  • The name of the insurer
  • The name of the driver and his license number
  • Policy number
  • Vehicle Identification Number (VIN), where possible

If the driver runs away or does not cooperate, your lawyer can find the insurer in the law enforcement or DMV databases.

Step 4: Allow Your Lawyer to Approach the Insurer

Do not talk to the driver's insurance company. Simple, polite statements may be used to:

  • Suggest that you were in the wrong
  • Undermine the severity of your injuries
  • Lock you into an unfair version of events

Step 5: File a Demand Letter and Begin Negotiations

Once a complete investigation and medical analysis have been conducted, your attorney will issue a formal demand letter to the insurance company detailing:

  • The facts of the case
  • Your medical expenses and injuries
  • Emotional distress and lost wages
  • The amount of compensation claimed in total

The insurer can then accept, reject, or negotiate. When they counter with lowballs or delaying tactics, we will continue to fight either by more negotiation or, where needed, by suing to seek compensation in court.

The Reasons Why You Need a Las Vegas Pedestrian Accident Lawyer

Las Vegas pedestrian accidents are not only physically and emotionally devastating, but they also usually result in a long and complicated legal fight against large insurance companies. When you are attempting to recover from severe injuries, it is possible to be at a disadvantage when dealing with an adjuster on your own. That is where a Las Vegas pedestrian accident attorney can make all the difference.

Insurance Company Tactics Protection

Insurance adjusters are not on your side. They are there to restrict the company's liability and pay you the least amount of money. They employ sneaky tricks such as altering the recorded statements or blaming you, which may compromise your claim. When you have an experienced attorney:

  • You will not be coerced to accept a low settlement
  • You will not unconsciously confess to some blame
  • You will be able to have someone who will be fighting against bad-faith insurance practices

Evidence, Negotiations, and Litigation Handling

To win your case, it is not enough to tell your version of the story; it is necessary to have hard evidence, negotiate, and be ready in court.

Your lawyer can assist in:

  • Collecting and retaining necessary evidence (police reports, medical records, witness statements, surveillance footage)
  • Submission of insurance claims and demand letters in time
  • Bargaining over the highest amount of compensation
  • Making lawsuits in case of insurance stalling or failure

Access to Medical Care Without Upfront Costs

Following a pedestrian accident, an additional challenge most victims encounter is the cost of emergency treatment, diagnostics, physical therapy, or even surgery. You might be in a bind without health insurance or unable to pay out-of-pocket expenses.

A lawyer can assist you in finding reputable doctors who provide lien-based treatment. This means:

  • You are treated instantly, and you do not pay in advance
  • Your health care providers are paid when your claim is settled
  • You concentrate on the healing, and we focus on your financial recovery

Frequently Asked Questions (FAQ)

What do I do when an insurance adjuster calls me following a pedestrian accident?

Refuse to talk to them and refer them to your lawyer politely. Insurance adjusters are taught how to collect statements that will minimize your payout or reject your claim. Whatever you do say may be given in evidence against you; the first and the worst thing you can say is something in your defense. Leave all communication to your lawyer to save your rights and prevent expensive errors.

What compensation can I claim against the driver's insurance company?

The compensation is based on the extent of your injuries, medical expenses, lost income, and pain and suffering. The law of Nevada also provides compensation at a lower rate in case you are partly to blame. A competent pedestrian accident lawyer will assess your losses and negotiate with the insurance company to claim the maximum amount of your claim.

What happens when the insurance company claims I was partly responsible for the accident?

Nevada has a modified comparative negligence rule. You are still entitled to recover compensation provided you are not more than 50 percent at fault. Nevertheless, your percentage of responsibility will be deducted from your damages. If the insurer attempts to transfer the blame unjustly, your lawyer can collect evidence to dispute their allegations.

Can I still get medical treatment if I do not have health insurance?

Most Las Vegas personal injury lawyers can also refer you to physicians who provide lien-based care. It implies that you get treatment today and pay the provider after you settle, and you will not have to forgo treatment because of a lack of money.

Contact a Las Vegas Pedestrian Accident Lawyer Near Me

Insurance companies are not in business to pay you a fair amount of money, but to secure their profits. You are not only physically and emotionally exposed after a pedestrian accident, but legally as well. Adjusters can intimidate you into settling fast, blame-shifting, or denying the severity of your injuries. Unless you have proper legal protection, you will walk away with much less than you require to recover.

We have years of experience at Dallas Horton & Associates squaring off against the Nevada insurance companies. We know how they work, how they attempt to reject legitimate claims, and how to make them accountable. Contact us at 702-820-5917 for a free and non-obligatory consultation.