Las Vegas Pedestrian Accident Attorney
Our Pedestrian Accident Attorneys Will Fight Relentlessly for Your Full Compensation
Hit by a Car? Get Your Free Pedestrian Accident Case Review
Table Of Contents
Calculating the True Value of Your Pedestrian Accident Claim
Insurance companies want to pay for your emergency room visit and close the file. We calculate the lifelong impact of your trauma. A catastrophic pedestrian knockdown requires a comprehensive valuation of your future medical needs, utilizing life-care planners and economic experts to project the true cost of your injuries over your lifetime.
Beyond Medical Bills: Pain, Suffering, and Emotional Trauma Damages
The physical impact is only half the damage. The psychological terror of seeing a vehicle speeding toward you causes profound emotional scarring. Post-Traumatic Stress Disorder (PTSD), severe anxiety, and the loss of your daily physical independence are compensable injuries. Nevada law allows us to aggressively pursue non-economic damages to ensure the jury understands your daily physical pain and emotional anguish.
Recovering Lost Wages and Future Loss of Earning Capacity
If a shattered pelvis or a traumatic brain injury prevents you from returning to your trade or profession, the at-fault driver owes you for your lost future. We work with vocational rehabilitation experts to scientifically calculate your diminished earning capacity, ensuring your settlement accounts for the raises, promotions, and retirement benefits you have been robbed of.
Punitive Damages in Hit-and-Run or Impaired Driving Cases
Las Vegas has a severe problem with intoxicated and reckless drivers. If you were struck by a driver under the influence of alcohol or drugs, or if the driver fled the scene, we leverage NRS 42.005 to pursue punitive damages. These damages go beyond compensation; they are designed to financially punish the gross negligence of the driver and send a definitive message that reckless conduct will not be tolerated in Nevada.
Decoding Nevada’s Pedestrian Laws: NRS 484B.280 & The Right-of-Way
Liability in a pedestrian crash hinges on a precise understanding of Nevada traffic statutes. Under NRS 484B.280, drivers have a strict statutory duty to exercise due care to avoid colliding with a pedestrian. When a driver violates this duty, it creates a presumption of negligence. We use this statute as a weapon to establish immediate liability, forcing the defense to prove why their driver failed to stop.
The “Jaywalking” Myth: Recovering Damages Outside of a Crosswalk
Insurance adjusters love the word “jaywalking.” They will tell you that because you were not in a marked crosswalk, you have no case. This is a calculated lie. Under NRS 484B.287, while a pedestrian outside a crosswalk must yield the right-of-way, the driver is still legally required to exercise due care. If a driver was distracted by their phone, speeding, or impaired, they are still liable for the impact, regardless of where you crossed.
These tactics play out differently depending on the scenario. We break down how fault really works when you are hit crossing outside a marked crosswalk on the Strip or Downtown, and why a driver is often still liable even when the insurer claims a child darted out near a school zone.
Modified Comparative Negligence (NRS 41.141): Proving You Were Less Than 50% At Fault
Nevada operates under a “modified comparative negligence” rule (NRS 41.141). You can recover damages as long as you were 50% or less at fault for the accident. The defense will deploy accident reconstructionists to argue you darted into the street, attempting to push your fault over that 50% threshold to deny your claim entirely. We counter their experts with our own, analyzing skid marks, sightlines, and biomechanics to prove the driver had ample time to react and was the primary cause of the crash.
Right-of-Way Disputes at Intersections with “Walk/Don’t Walk” Signals
Intersection collisions often become “he-said, she-said” battles over who had the light. We bypass the arguing and go straight to the data. We subpoena traffic light sequencing logs, pull nearby casino or storefront surveillance footage, and secure the driver’s Event Data Recorder (EDR) to prove exactly when they entered the intersection and when they hit the brakes.
From Impact to Settlement: Your Nevada Legal Timeline
Navigating a pedestrian claim requires a disciplined, strategic approach. We control the timeline to maximize your leverage.
Phase 1: The Critical 14-Day Evidence Window
The first two weeks dictate the trajectory of your case. We immediately issue “Spoliation of Evidence” letters to the driver, their employer (if commercial), and the municipality, legally binding them to preserve dashcam footage, cell phone records, and vehicle data. If they destroy this evidence, we ask the court for severe sanctions.
Phase 2: Reaching Maximum Medical Improvement (MMI)
You cannot value a claim until you know the final physical outcome. We never rush a settlement. We wait until your doctors declare you have reached Maximum Medical Improvement (MMI)—the point where your condition has stabilized and all future medical needs are clearly definable.
Phase 3: The Demand Package & High-Stakes Negotiation
Once the evidence is locked and MMI is reached, we serve the insurance carrier with a comprehensive demand package. This is not a simple letter; it is a meticulously documented binder of medical records, biomechanical reports, and economic projections. We dictate the terms of the negotiation.
Phase 4: Litigation Strategy When Insurance Refuses a Fair Value
If the insurance company responds with a lowball offer, negotiations end, and litigation begins. Katie Goldberg and our trial team file the lawsuit, enter the discovery phase, depose their driver, and prepare the case for a Clark County jury. We prepare for war, which is often the only way to force a fair peace.
Solving the Medical Bill Crisis: Treatment Without Upfront Costs
A catastrophic injury brings crippling medical debt. You should not have to empty your savings because of someone else’s negligence.
Strategic Use of Medical Liens: Seeing Top Specialists with $0 Out-of-Pocket
If you lack health insurance, we utilize Medical Liens (Letters of Protection). We have established networks with Nevada’s top orthopedic surgeons, neurologists, and physical therapists who agree to treat you immediately at no upfront cost. Their bills are paid directly out of your final settlement, allowing you to get world-class care right now.
“Stacking” Insurance: Using Your Own UM/UIM and MedPay Coverage
When a driver’s $25,000 state-minimum policy cannot cover your $200,000 surgical bill, we look at your own auto insurance. Even though you were a pedestrian, your Uninsured/Underinsured Motorist (UM/UIM) and Medical Payments (MedPay) coverages still apply. We aggressively “stack” and trigger these policies to find every available layer of financial protection.
Navigating Complex Health Insurance Subrogation and Reimbursement
If your private health insurance, ERISA plan, or Medicare/Medicaid paid for your initial ER visit, they will demand reimbursement from your settlement. This is called subrogation. Our legal team aggressively negotiates and reduces these statutory liens, ensuring the maximum amount of the settlement stays in your pocket, not the government’s.
Proven Success: Case Wins & Settlements
$5 Million Car Accident Compensation
$2 Million Auto Accident Settlement
$1.8 Million Motor Vehicle Accident
No Fees Unless We Win!
Real Stories: 5-Star Rated Pedestrian Accident Representation
Katie answered her phone literally at 1am on a Saturday night because we got into a car accident. She is an angel. She gave me excellent advice and calmed me down immediately. She cares about her clients lives and thats why she gets the maximum payouts. Her team also is so great and personable.
Leilani Hughes ★★★★★
After getting in a hit and run accident, I wasn’t sure what to do next. Katie Goldberg was highly recommended by a few of my friends and as soon as I contacted the law firm there was an immediate response and action taken. They handled everything for me and made sure I had everything I needed. Everyone is extremely kind and helpful.
Jacelyn Reyes ★★★★★
To put it mildly, being in a car accident is scary physically and emotionally. I had so many questions, didn’t know where to start, and was super stressed about how I was going to get the right treatments. Katie was there to personally answer my questions, and she referred me to great doctors who helped me get through my physical injuries and emotional trauma.
Natalie Thompson ★★★★★
Meet Katie Goldberg: A Trial-Ready Approach to Nevada Pedestrian Litigation
Focused On Maximizing Compensation with Personalized Client Care
Katie Goldberg has built her reputation on dismantling corporate insurance defenses. She knows that pedestrian accident victims are uniquely vulnerable, both physically and legally, and requires a champion who will not back down. Katie focuses her practice on catastrophic injuries, relying on hard science, expert accident reconstruction, and an intimate knowledge of the Nevada Revised Statutes to secure maximum compensation. She does not run a volume-based practice; she takes the hard cases and prepares them for the courtroom. You are never just a file number at Goldberg Injury Law. You get direct access to your litigation team. We handle the brutal legal warfare so you can focus entirely on your physical recovery.
Passion for Personal Injury Law
Call or Text 702-702-9585 for Immediate Assistance
Visit Our Las Vegas Pedestrian Accident Law Office
Serving All Clark County Neighborhoods: Summerlin, Henderson, North Las Vegas, and the Strip
6010 S. Rainbow Blvd., STE A1. Las Vegas, NV 89118
Nevada Pedestrian Law FAQs
Are Unmarked Crosswalks Legal In Nevada?
Yes. Under Nevada law, an unmarked crosswalk exists at any intersection where sidewalks would naturally meet across the street. Drivers are required to yield to pedestrians in these unmarked crosswalks just as they would if white lines were painted on the asphalt.
What Happens If A Tourist In A Rental Car Hits Me On The Las Vegas Strip?
Rental car accidents add a layer of complexity. We pursue the driver’s personal insurance, but we also investigate the rental car company’s Supplemental Liability Insurance (SLI), which often carries up to $1 million in coverage, providing a massive safety net for catastrophic injuries.
Does My Car Insurance Cover Me If I’m Hit As A Pedestrian?
Yes. If you have Uninsured/Underinsured Motorist (UM/UIM) or MedPay coverage on your personal auto policy, it travels with you. It protects you even when you are walking, running, or cycling, providing crucial additional funds if the at-fault driver is underinsured.
How Long Do I Have To File A Pedestrian Accident Claim In Nevada?
Under NRS 11.190, the statute of limitations for a personal injury claim in Nevada is strictly two years from the date of the accident. If you miss this deadline, your case is permanently barred.
What Should I Do After A Hit-and-run Accident In Las Vegas?
Call 911 immediately, seek medical attention, and contact an attorney. Do not wait for the police to find the driver. We can initiate a claim against your own UM/UIM policy to ensure your medical bills are covered while the criminal investigation proceeds.
Can I Sue If I Was Hit By A Car While Jaywalking In Las Vegas?
Yes. Crossing outside a crosswalk does not give a driver a license to hit you. Thanks to Nevada’s modified comparative negligence law, you can still recover damages as long as a jury finds you were 50% or less at fault for the impact.
Who Is Liable If I’m Hit By A Car In A Las Vegas Parking Garage?
Liability usually falls on the negligent driver. However, if the parking garage had blind corners, inadequate lighting, or lacked proper pedestrian walkways, the property owner or casino may also share liability under Nevada premises liability laws.
How Do Medical Liens Work In A Nevada Injury Settlement?
A medical lien is an agreement between your lawyer and a healthcare provider. The doctor agrees to treat you immediately with zero out-of-pocket cost, and in return, they are paid directly out of the final settlement or verdict we secure for you.
What Evidence Do I Need For A Pedestrian Accident Case?
Critical evidence includes the police report, intersection or surveillance camera footage, the driver’s cell phone records (to prove distracted driving), Event Data Recorder (EDR) downloads from the vehicle, and testimony from biomechanical and medical experts.
Should I Accept The Insurance Company’s First Settlement Offer?
Never. The first offer is a calculated lowball designed to close the case before you realize the true extent of your future medical needs. Once you sign a release, you can never go back for more money.
What Does It Cost To Hire A Pedestrian Accident Attorney In Vegas?
It costs you nothing upfront. Goldberg Injury Law operates on a strict contingency fee basis. We advance all costs for investigations and expert witnesses. We only get paid a percentage if and when we win your case.
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