Being hit by a vehicle while crossing at a crosswalk is a terrifying experience. Crosswalks are meant to provide a safe space for pedestrians, yet accidents still occur. If you’ve been struck by a vehicle while using a crosswalk, it’s important to know your rights and legal options. Let’s break down the steps you can take and the potential avenues for seeking justice and compensation.

Understanding Pedestrian Rights in Crosswalks

Crosswalks exist to protect pedestrians and ensure their right of way. Nevada law requires drivers to yield to pedestrians in marked or unmarked crosswalks. However, negligent or distracted drivers often fail to do so, leading to devastating accidents.

For more information about legal protections for pedestrians, you can refer to What Are My Rights as a Passenger in an Auto Accident?.

Steps to Take Immediately After a Crosswalk Accident

If you’ve been hit while in a crosswalk, it’s critical to act quickly to protect your legal rights and strengthen your claim.

1. Seek Medical Attention

Your health comes first. Even if your injuries seem minor, internal injuries or concussions might not be immediately obvious. Keep all medical records, as they will be essential for your claim.

Learn more about identifying potential injuries in What Are the Signs of Internal Injuries After a Car Accident?.

2. Report the Accident

Contact the police immediately to report the accident. A police report is a key piece of evidence in establishing liability and documenting the events.

For tips on obtaining a police report, visit How Do I Obtain a Copy of the Police Report for My Auto Accident?.

3. Gather Evidence

If you’re able, collect evidence at the scene, including:

• Photos of the accident scene, crosswalk, and vehicle.
• Contact information for witnesses.
• Details about the driver and their insurance.

Evidence plays a crucial role in proving your case. For more details on what to collect, read What Evidence Do I Need to Support My Auto Accident Claim?.

4. Avoid Speaking with the Driver’s Insurance Company

Insurance adjusters may try to minimize your claim or shift blame onto you. It’s best to let a personal injury attorney handle these communications.

Learn how to handle these conversations in What Should I Tell the Insurance Adjuster After an Accident?.

Determining Liability

In a crosswalk accident, the driver is often at fault for failing to yield. However, other parties may also share responsibility:

• Government Entities: Poorly designed crosswalks, malfunctioning traffic signals, or inadequate lighting could make the city or state partially liable.
• Vehicle Manufacturers: If the driver’s vehicle had a defect, the manufacturer might be held responsible.

Understanding negligence is crucial. To dive deeper, check out How Do I Prove Negligence in an Auto Accident Case?.

Legal Options for Pedestrians Hit in Crosswalks

When pursuing compensation, pedestrians typically have the following legal options:

1. Filing an Insurance Claim

You can file a claim with the at-fault driver’s insurance. This may cover:

• Medical bills.
• Lost wages.
• Pain and suffering.

For guidance on navigating the claims process, visit How to Handle Insurance Disputes After a Car Accident.

2. Filing a Personal Injury Lawsuit

If the driver’s insurance coverage is insufficient or their insurer denies your claim, you can file a personal injury lawsuit. Compensation may include long-term damages like loss of earning capacity or ongoing medical care.

Explore the steps involved in What Are the Steps to Filing an Auto Accident Claim?.

3. Pursuing a Claim Against Other Liable Parties

If unsafe road conditions contributed to the accident, you might have a case against local government entities. These claims are often more complex and require the help of an experienced attorney.

For more on multi-party liability, check out Can I Sue a Third Party for Contributing to My Auto Accident?.

Compensation for Pedestrian Injuries

Pedestrians often suffer severe injuries, including broken bones, spinal cord damage, or traumatic brain injuries. Compensation aims to cover:

• Medical Expenses: From emergency care to long-term rehabilitation.
• Lost Wages: Including future earning potential.
• Pain and Suffering: Reflecting the physical and emotional toll of the accident.

For help calculating damages, see How Is Pain and Suffering Calculated in an Auto Accident Case?.

Common Challenges in Pedestrian Accident Cases

1. Comparative Negligence

Nevada follows a comparative negligence rule, meaning your compensation could be reduced if you are found partially at fault. For example, crossing outside of a designated crosswalk might impact your claim.

Learn how this affects your case in What Is Comparative Negligence and How Does It Affect My Case?.

2. Dealing with Uninsured Drivers

If the driver doesn’t have insurance, you might need to file an uninsured motorist claim through your own insurance policy.

For more details, visit How Do Uninsured/Underinsured Motorist Claims Work?.

Protecting Your Rights as a Pedestrian

Pedestrian accidents are serious, and knowing your rights is essential for navigating the aftermath. Working with a personal injury attorney can ensure you receive the compensation you deserve while focusing on recovery.

For more resources, visit:

• What Should I Do If I Am Injured in an Auto Accident?
• How Can an Attorney Help Maximize My Auto Accident Settlement?

Conclusion

If you’ve been hit while in a crosswalk, you’re not alone—and you don’t have to navigate the process alone either. By understanding your legal options, gathering evidence, and seeking professional guidance, you can take control of your case and pursue the justice you deserve. For personalized assistance, don’t hesitate to reach out to a trusted personal injury attorney.