Accidents can lead to emotional trauma, loss of life, serious injuries, and financial hardship for victims and their families. Accidents in Nevada pose a significant safety concern due to the state's high levels of tourism, growing urban populations, and congested highways. Nevada experiences a variety of traffic-related accidents each year. The accidents range from pedestrian and bicycle accidents in cities to motor vehicle accidents on major routes. When they occur, pedestrian accidents tend to be catastrophic.
Factors that contribute to pedestrian accidents include impaired driving, speeding, and distracted driving. Heavy pedestrian activity, particularly in entertainment and commercial areas, also contributes to these accidents. Rural areas also face unique risks, including limited nighttime lighting, higher speed limits, and long stretches of highway. Seek the services of a skilled accident attorney if you have suffered injuries in a pedestrian accident. At Dallas Horton & Associates, we have committed attorneys who can help you seek compensation after a pedestrian accident in Las Vegas.
Pedestrian Accident Statistics In Nevada
Pedestrian accidents can cause fatalities due to the lack of protection, making pedestrians vulnerable, particularly in high-speed accidents. The Insurance Institute for Highway Safety (IIHS) reports that 7,388 pedestrians died in the United States in 2021. This is a 13% increase from 2020 and accounts for 17% of the total accident fatalities.
According to the National Safety Council analysis of pedestrian traffic fatality data, pedestrian deaths increased by 12.5% in 2020. These deaths accounted for about 17% of traffic deaths in 2021. All pedestrian deaths in 2020 were 2,647. These deaths account for 41% with alcohol impairment being the main factor.
Pedestrian deaths vary by age, with the most significant number of fatalities being 1,343, happening among those aged 55 to 64 years in 2021. The lowest number was 50 among minors aged between five and nine years. These deaths represented 14% of all traffic deaths for minors.
The percentage of deaths related to overspeeding among children under 15 years increased from 6% to 12% from 2018. An increase in the purchase of Sport Utility Vehicles (SUVs) has also contributed to the pedestrian accidents. The National Highway Traffic Safety Administration (NHTSA) proposes a safe system approach, which focuses on the following:
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Roads
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Vehicles
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Speeds
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Pedestrians, and
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Post-crash care
This is done to enhance pedestrian safety.
Leading Causes Of Pedestrian Accidents In Nevada
The following are common causes of pedestrian accidents in Nevada:
Bad Weather And Road Design Factors
Pedestrian accidents are often caused by inclement weather. Fog, snow, or rain can reduce visibility, forcing pedestrians to take risky routes. Bad weather also affects braking situations, making it hard for motorists to avoid pedestrians. Road design issues, such as poorly timed traffic signals or missing designated crosswalks, also pose hazards. Busy intersections without pedestrian-friendly timing often leave pedestrians stranded in the middle of the road. Pedestrians are usually forced to walk in traffic lanes due to poorly planned urban areas that lack sidewalks. Authorities can minimize pedestrian injuries by creating safe pedestrian crossings, adding sidewalks, and improving infrastructure. Motorists should also slow down in adverse weather conditions and observe traffic laws to minimize the risk of accidents.
Inexperienced Motorists And Other Risk Factors
Inexperienced motorists, including teenagers, can fail to anticipate where pedestrians might cross or misjudge pedestrian speed. Most pedestrian crashes involve motorists who are still learning to manage speed limits, traffic signals, and oncoming traffic.
Non-intersection areas are another dangerous location because motorists do not expect pedestrians to be walking there. Shopping centers, school zones, and rural areas all present unique risks. Motorists who expect pedestrians only at marked crosswalks can fail to yield when a pedestrian crosses elsewhere, leading to pedestrian deaths or severe injuries.
Poor Lighting Conditions And Poor Visibility
Poorly lit locations are a common site of pedestrian accidents. When you cross in dark areas, a motorist might not see you until it is too late. Poor lighting conditions around rural roads, non-intersection areas, and parking lots increase the risk of accidents.
Parked cars can also block a motorist’s line of sight. When you step out from behind parked cars, a motorist will only have seconds to react. This can lead to a pedestrian accident, especially when traffic volumes are high. However, you can minimize the risk by wearing reflective clothing and carrying flashlights at night. Authorities can enhance pedestrian safety by implementing improved lighting and maintaining effective pedestrian crossings and traffic signals. Motorists should also expect pedestrians in areas with poor lighting systems and slow down accordingly.
Speeding And Failure To Follow Traffic Laws
Speeding is a leading cause of severe injuries in pedestrian accident cases. When a negligent motorist is driving too fast, the braking distance increases, giving pedestrians less time to react and respond. Accidents involving overspeeding are more likely to cause life-changing or fatal injuries to pedestrians.
Failure to observe traffic rules also plays a significant role. Some motorists ignore speed limits, fail to yield to pedestrians in designated crosswalks, and run traffic signals. Motorists who fail to observe traffic rules endanger people on the road, including other motorists, cyclists, and pedestrians. However, lower speed limits in parking lots, shopping centers, and school zones are in place to protect vulnerable pedestrians. When a motorist observes these rules, the severity of injuries reduces. Observing traffic rules and speed limits is one of the simplest ways of enhancing pedestrian safety. This can prevent most pedestrian accidents.
Impaired Driving And Impatient Motorists
Impaired driving remains a significant factor in most pedestrian-related accidents. Drugs and alcohol often affect judgment and reaction time. An impaired motorist can fail to yield at designated crosswalks or misjudge the speed of pedestrians walking nearby. These mistakes usually result in severe injuries or fatal accidents.
Impatient motorists are another risk, particularly in urban areas with high traffic volume. Motorists who try to beat traffic lights, fail to observe traffic rules, or speed through intersections put pedestrians at risk. When a motorist fails to stop at a red light or ignores pedestrian crossing signals, it can cause a fatal pedestrian accident. It requires personal responsibility to prevent impaired driving. However, it also depends on the police and community education. Motorists must obey traffic rules and refrain from driving while impaired. Pedestrians should be cautious around bars, entertainment areas, and events where impaired driving can be more common.
Walking while intoxicated is also a leading cause of pedestrian accidents. According to the National Highway Traffic Safety Administration, alcohol causes approximately 49 percent of all pedestrian accidents. Pedestrians should also stay alert and wait for the walk signal before crossing the street.
Distracted Driving And Distracted Pedestrians
According to the Centers for Disease Control and Prevention, at least nine people die and 1,000 are injured daily due to distracted driving. Distracted driving is also a major cause of pedestrian accidents in Nevada. When a motorist looks at his/her phone, adjusts navigation systems, and engages in other distractions, his/her eyes are diverted from the road. This can be dangerous when pedestrians are crossing the road, especially near busy intersections or school zones. A distracted motorist has less time to brake and can run traffic lights or stop signs, causing an accident involving pedestrians.
Distracted pedestrians are a significant contributor to pedestrian accidents. A pedestrian looking at his/her phone or listening to music can step into oncoming traffic without noticing a vehicle until it is too late. The combination of distracted pedestrians and distracted motorists can create a risky situation, causing severe injuries and more pedestrian fatalities.
It is easy to avoid distraction, but this requires public awareness. Motorists should put their phones on silent mode and concentrate on the road.
Common Injuries Sustained In Pedestrian Accidents
You can suffer a wide range of injuries from a pedestrian accident. They can range from minor scrapes to life-altering conditions. Understanding the common types of injuries you can suffer in these accidents can assist you in seeking the proper treatment and legal help. The following are the common injuries you can suffer in a pedestrian accident:
Psychological Trauma
You can suffer psychological trauma in a pedestrian accident apart from physical injuries. You will also suffer depression, anxiety, post-traumatic stress disorder, and other
mental health problems. Psychological trauma can be as severe as physical injuries and can require counseling or therapy.
Facial Injuries
Facial injuries, including dental injuries, fractures, and cuts, are common in pedestrian accidents. You could suffer significant disfigurement and pain, requiring plastic surgery or other specialized treatments. Facial injuries can also cause changes in appearance, causing psychological impacts.
Cuts And Lacerations
You can suffer cuts and lacerations if you are thrown to the ground during an accident or struck by vehicle parts. Your injuries can range from minor cuts to deep lacerations that can require stitches or surgical repair. In most situations, cuts and scrapes can lead to infections if not treated well.
Internal Injuries
The force of the accident can cause damage to your internal organs, causing internal bleeding and other severe conditions. Common internal injuries include the lungs, kidneys, spleen, and liver. These injuries are often life-changing and require quick medical attention.
Soft Tissue Injuries
Soft tissue injuries, such as tears, strains, and sprains, are common in pedestrian accidents. These injuries affect tendons, ligaments, and muscles, causing swelling, pain, and limited mobility. Soft tissue injuries can still affect your daily activities even if they are not as severe as bone fractures or head injuries.
Spinal Cord Injuries
Spinal cord injuries can lead to complete or partial paralysis, depending on the severity and location of the injury. These injuries usually have long-lasting repercussions, affecting sensation, mobility, and overall quality of life. Medical treatment and rehabilitation for spinal cord injuries can be extensive and expensive.
Broken Bones
The impact of a pedestrian accident can leave you with fractures and broken bones. The parts that are often affected include ribs, pelvis, legs, and arms. Broken bones always require immobilization, extensive rehabilitation, and surgery, increasing the recovery period and medical costs.
Head Injuries
According to the CDC, many victims of pedestrian accidents succumb to Head and traumatic brain injuries. Head injuries are among the most severe repercussions of pedestrian accidents. These injuries range from mild concussions to severe traumatic brain injuries. Some of the symptoms of head injuries include loss of consciousness, memory loss, confusion, dizziness, and headaches. Immediate examination is essential to determine and treat head injuries properly.
Factors Affecting The Severity Of Pedestrian Accident Injuries
The following are the factors that can enhance the severity of your injuries:
Impact Location
Your injuries can be significantly affected by the impact location when a car strikes you. If the initial contact is to the lower body, like the hips or legs, you can suffer fractures. This can put you into the path of secondary impacts, like hitting the roadway or hood. Strikes to the head or upper body are often severe, causing traumatic brain injuries or internal organ damage. It can also result in fatal injuries because of the vulnerability of these areas.
Side and frontal impacts can also lead to varying injury patterns, with side impacts causing rotational forces that enhance the risks of multiple injuries.
Age
Your age can greatly influence the injuries you suffer. Adults are prone to severe injuries because of underlying health conditions, slower reflexes, and reduced bone density. On the other hand, minors face a higher risk of head injuries because of their shorter stature and tendency to be hit in the upper body or head. Age can also influence your healing period, with children healing faster. Adults undergo longer rehabilitation periods and are prone to complications.
Angle Of The Impact
Pedestrian accident injuries can differ significantly depending on the angle of impact when a car hits you. You could suffer severe trauma if it is a head-on impact because the force is concentrated directly on the body, and you can be thrown forward or onto the car’s hood and windshield. Side impact can result in multiple injuries, including fractures to the hips, legs, and torso, because of the rotational motion of the body upon contact. Deflecting or glancing blows can cause less direct force, but you can still suffer great harm if you are knocked to the ground or into another object.
The Speed Of The Car
The speed of a car plays a major role in the severity of injuries in a pedestrian accident. High speed shortens a motorist’s reaction time and increases the force of the impact. This makes it hard for the driver to avoid the accident. A slight increase in speed can also increase the danger of serious or life-threatening injuries, as the human body is vulnerable to high-impact forces. A pedestrian can survive with less severe injuries at slower speeds. When the speed rises, the possibility of catastrophic outcomes goes higher.
Liable Parties In A Pedestrian Accident
The following parties can be liable for a pedestrian accident:
The Pedestrian
Sometimes, a pedestrian can hold some comparative liability for his/her injuries if he/she contributed to the accident in an unreasonable way, like:
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Crossing the road while intoxicated, which can impair his/her judgment and reaction time
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Trying to cross the road quickly in fast-moving traffic when there is no crosswalk
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Distractions like wearing headphones or texting on the phone can be dangerous when crossing the road. This can prevent you from noticing oncoming cars.
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Crossing outside of a crosswalk in an area with light traffic and clear visibility. This requires motorists to be cautious
You should take reasonable care when near roadways, but a motorist still has a duty to prevent an accident from occurring. Pedestrian negligence often plays little role in many accident cases.
Property Owners
Sometimes, a pedestrian accident can happen near a privately owned property. In this situation, the property owner can be held accountable if:
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The overall design of the entrances and exits made it hard or risky for you to navigate
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Objects on the property, like signs or landscaping, obstructed visibility for both the motorist and the pedestrian
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Poor lighting on the property made it hard for pedestrians to be visible and for motorists to see him/her. Insufficient lighting can enhance accident risk after dark.
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Poorly maintained areas like parking lots and sidewalks where pedestrians cross. Problems like holes and large cracks can cause falls and injuries.
The property owner should maintain their property properly, ensuring it is safe with adequate lighting and visibility. Property owners will share liability under premises liability statutes if the accident happens, and these factors played a role.
Local Authorities
Sometimes, a local government agency, such as a state, county, or city, can be held liable for a pedestrian accident. This can occur if the government agency failed in its duty to maintain safe infrastructure as follows:
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Failing to keep the roads, signs, and markings in good condition. The agency will be held accountable if they were aware of the dangerous condition, like a faded crosswalk, and failed to fix it.
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Failing to install stop signs, traffic lights, and crosswalk signals. The agency will be liable if there are no traffic control devices in place.
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Failing to design intersections well. This can enhance accident risk if a pedestrian crossing was not properly designed or marked.
A government agency can be held liable if a crash involving a pedestrian occurs, and government negligence regarding road design or conditions contributed to the risk.
Motorists
A motorist is likely to bear at least some liability in most pedestrian accidents. He/she has a duty of care to drive in a safe way and not put pedestrians in danger. The following are some of the factors that point to motorist liability:
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The motorist driving while intoxicated — It is a crime for a motorist to drive while drunk or impaired. A drunk motorist will be liable if he/sheknocks down the pedestrian.
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The motorist’s failure to yield the right-of-way to the pedestrian in crosswalks — The driver will be liable if it is established that he/she did not exercise proper caution.
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If the motorist engages in distracted driving, like eating and texting on the phone while driving, in this situation, the driver will not see the pedestrian in time to brake. This breach of reasonable care will make the motorist responsible for the accident.
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If the motorist drives the car beyond the designated speed limit, He/she will be deemed negligent for contributing to the severity of the accident.
Damages Available For Pedestrian Accident Injuries
Pedestrian accidents can cause significant damage, both monetary and non-monetary damage. The law allows you to seek compensation for a variety of losses that can be classified as follows:
Monetary Damages
The following are the monetary damages you can recover from a pedestrian accident:
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Lost earning capacity if you suffer a disability, which affects your ability to earn in the future
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Compensation for income lost because of the inability to work post-accident
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Compensation for all medical treatment associated with the injuries suffered in the accident
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Other out-of-pocket expenses, including transportation, medical supplies, prescriptions, and services like housekeeping and child care
Lost Earning Capacity
You will be awarded lost earning capacity compensation if your ability to earn income in the future is reduced because of the pedestrian accident. This compensation focuses on the future earning potential, not past income alone. You are entitled to these damages even if:
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You are still employed
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You are able to work in a reduced role, or
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You are a trainee, student, or unemployed at the time of the accident
Non-Monetary Damages
Non-monetary damages constitute the following:
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Emotional distress
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Pain and suffering
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Physical disfigurement
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Lost enjoyment in life
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Lost consortium
The above damages are subjective and hard to quantify. They usually depend on the testimony of the victim and medical reports. The methods used to calculate non-economic damages include:
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Applying a multiplier to the total economic damages, or
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Assigning a daily value to the pain and suffering of the victim
Emotional Distress
The court can award you emotional distress compensation if you suffer psychological or emotional harm after a pedestrian accident. The following counts as emotional distress:
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Post-traumatic stress
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Loss of enjoyment of life
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Sleep disturbance
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Shock, fear, or humiliation
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Depression or mood disorders, and
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Anxiety or panic attacks
The above injuries do not encompass physical harm alone, but they always involve physical injury. Emotional distress is proven through the following:
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The period and severity of emotional suffering
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The statements from the witnesses, including coworkers, friends, and family
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Personal testimony
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Testimony from your doctor or therapist, and
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Medical or psychological records
There is no standard formula for calculating emotional distress compensation, but the following factors will determine it:
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Conduct of the at-fault party
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Connection to physical injuries
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Whether the distress is temporary or permanent
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Effect on your daily life, relationships, and work
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Severity and duration of the distress
Find An Experienced Car Accident Attorney Near Me
It is often a daunting task for a pedestrian accident victim in Nevada to recover damages. You require an experienced attorney to help you navigate the judicial system. An attorney will guide you through documenting the evidence, calculating damages, and bargaining with the insurance companies. At Dallas Horton & Associates, our reputable legal team is committed to helping you recover your deserved compensation if you are involved in a pedestrian accident in Las Vegas. Contact us at 702-820-5917 to speak with one of our attorneys.
