If you have been harmed in a pedestrian crash or are representing a family member who has been seriously injured in a pedestrian accident, it’s important that you understand your rights to recovery. If you were not at fault for the accident, you maintain the right to file a claim directly against the at-fault driver’s insurance or file a lawsuit directly against the at-fault driver. As part of this suit, you will have to prove that the driver breached the duty of care owed to you (i.e. acted negligently via an act of speeding, drinking while driving, distracted driving, etc.) and that this breach was the proximate cause of your harm. You will also have to prove the full extent of damages that you have suffered.
Most claims are settled by insurance companies. In Nevada, drivers are required to carry at least $25,000 in bodily injury liability coverage per person and $50,000 per accident.
If you can prove that the driver was to blame for your accident, you can seek compensation for the full value of harm you’ve suffered, including all of your economic and noneconomic losses. However, note that if you contributed to your accident in any way (i.e. you are found partially to blame for the crash because, even though the driver who hit you was intoxicated, you were crossing at an unmarked crosswalk), your recoverable damages award can be reduced in proportion to your degree of fault. What’s more, if you are found to be more than 50 percent at fault for the accident, you can be barred from recovery entirely.