Too many pedestrians in the state of Nevada lose their lives in accidents with cars, and many more end up with serious injuries that stay with them for the rest of their lives. Sadly, the most common pedestrian accidents happen due to negligent and reckless motorists who fail to maintain recognized safety standards.
Fortunately, the law permits victims of pedestrian accidents to take action against unlawful drivers and seek valuable compensation for the losses they have caused. However, a statute of limitations requires that victims or their family members pursue justice within a certain period of time or lose their ability to sue for damages.
Understanding Nevada’s Statute of Limitations for a Pedestrian Accident
Statutes of limitations are time limits that specify a period during which a person must take legal action for a particular incident. Once the specified period is over, it becomes extremely difficult if not impossible to carry out said legal action.
Pedestrian accidents are a subset of personal injury cases, which fall under the control of a specific statute of limitations.
In Nevada, the legislature has decided that legal actions in personal injury cases, and thus pedestrian accidents, must commence within two years of the accident. This means that if a pedestrian accident occurs on January 1, 2023, the victim must take legal action before January 1, 2025.
What Happens if the Statute of Limitations Ends?
In most cases, the ending of a statute of limitations means that a claim is no longer viable. Any remedy or compensation a victim or their family member may have been entitled to effectively disappears.
Sadly, victims of pedestrian accidents and other personal injury mishaps lose out on valuable compensation every day due to waiting too long to take legal action. Because of this, any person who has suffered a pedestrian accident should always act quickly to ensure that their right to compensation remains intact.
Common Exceptions to the Statute of Limitations in Nevada
In some cases, exceptions to the two-year statute of limitations apply. Hence, pedestrians victims who have waited longer than two years to initiate a case should still reach out to an injury attorney to find out whether an exception applies to their case.
If a pedestrian victim is a minor, the statute of limitations in Nevada does not begin running until that victim turns 18. Once they turn 18, they will have until their 20th birthday to take legal action for compensation.
If the motorist who causes a pedestrian accident leaves the state shortly afterward, the statute of limitations will stop running until they are back within the jurisdiction of the state. This exception prevents liable parties from avoiding responsibility for their actions by simply leaving the state’s borders.
Other exceptions that exist include:
- The death of a victim
- The responsible party is a citizen of a country at war with the U.S.
- The reversal of a judgment of a court
Although these exceptions exist, it is important to remember that the great majority of cases do not qualify for an exception. Victims must take legal action within two years of the accident or lose their right to sue.
Seeking Justice for Pedestrian Accidents in Nevada
Pedestrians can pursue justice against those responsible for their injuries after an accident. Justice, in this context, refers to compensation for the many losses these victims typically face, including compensation for economic damages such as:
- Medical care and treatment costs
- Lost income
- Lost earning capacity
- Long-term care expenses
- Occupational and physical therapy
Compensation is also available for a slew of non-economic damages, including:
- Inability to engage in important life activities
- Depression and anxiety
- Physical impairment
- Loss of enjoyment of life
Regarding non-economic damages, higher compensation is more likely when an accident produces a significant physical injury, which typically occurs in pedestrian accident cases.
For example, a pedestrian who loses a leg in an accident with a motorist will likely receive significant compensation for various non-economic damages — much more so than a pedestrian who simply gets a scratch or two.
In cases where the at-fault driver behaved in an egregious manner, such as driving drunk, victims may also seek punitive damages on top of the damages they seek for compensation.
Proving Liability in Pedestrian Accidents
An injured pedestrian is entitled to the listed compensation only if they can demonstrate that someone else was liable for their accident. Contrary to popular belief, a motorist is not automatically responsible for a pedestrian accident. With that being said, motorists often are the causes of these terrible tragedies.
When a victim hires an attorney to represent them, their attorney will seek to establish the motorist’s liability by pointing to specific acts of driver negligence or recklessness, such as:
- Driving while engaged in distracting behavior
- Driving while under the influence of an intoxicating substance
- Driving while tired or fatigued
- Failing to yield
- Running a red light or stop sign
- Driving faster than conditions allow
- Failing to signal
Various forms of evidence are available to the attorney to prove unlawful driving behavior, including:
- Police report
- Traffic cams
- Dashboard cams
- Business and residence surveillance cams
- Witness testimony
The attorney may also employ the services of accident reconstruction experts to build their case.
Count on a Pedestrian Accident Attorney
If you or a loved one has been injured in a pedestrian accident, you may be entitled to significant compensation. But you must take action within the time limits of the statute of limitations or lose out on valuable resources.
Are you looking for guidance after a pedestrian accident? Attorneys from The Joel Bieber Firm are ready to meet you and give you a free consultation and case review at your convenience. Call today for an appointment.
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