If you were hit as a pedestrian, you may assume the facts speak for themselves. You were walking. A vehicle struck you. You have the injuries to prove it.
Insurance companies often see the claim differently.
Our accident attorneys serve North Las Vegas, Henderson, Summerlin, and the surrounding areas. In our 50 years of experience, we have seen insurance companies try all kinds of tactics to reduce what they pay. They question fault, minimize injuries, and point to missing evidence.
That’s because pedestrian accident cases create financial exposure for the insurance company. They add up quickly with medical bills, lost income, and even pain and suffering claims.
To limit that exposure, insurers often search for weak points in the case. This does not mean your claim lacks value. It means the insurer is testing the facts and looking for leverage.
Common Arguments Insurance Companies Use
Many disputes follow a familiar pattern. The insurance company may argue:
- You were partially at fault
- You were not paying attention
- The driver could not avoid the collision
- Your injuries are less serious than you claim
- Your injuries stem from another accident or health condition
These arguments affect how the claim gets valued. Even a small shift in how fault or injury severity is framed can change settlement discussions.
Partial Fault Does Not End Your Case
One of the most common insurance strategies is to place part of the blame on you. For example, the insurer may say you crossed too late, walked outside the crosswalk, or failed to notice traffic. But even if you were partially at fault for the accident, you may still have a claim.
Nevada has a modified comparative negligence policy, which means that as long as you are not more than 50% responsible for your injury accident, you can still receive damages. Those damages will be reduced by your percentage of fault, but they won’t be wiped out. For example, if your damages total $10,000 but you are found to be 30% at fault, you can still collect $7,000.
The real issue is how much fault each side carries and what evidence supports that position. If the driver was speeding, distracted, failed to yield, or ignored conditions around them, those facts matter.
That is why early evidence is so important. Insurers will look for every opportunity to shift blame onto you. But evidence keeps the claim grounded in truth. It keeps insurers from exaggerating your level of fault in the accident.
The Most Important Evidence to Gather
A pedestrian accident scene can change quickly. Vehicles move. People leave. Memories fade.
If you can document the crash early, you give yourself a better chance of preserving details that may later become central to the claim.
- Take photos and/or videos of the accident scene from all angles. Include traffic signs and signals, vehicle position, skid marks, crosswalks, and lighting.
- Take photos of any visible injuries.
- Get contact information from witnesses.
- Request any available surveillance footage (from street cameras, retail center cameras, etc.)
Get Serious About Medical Treatment
Medical records also provide critical evidence. They show when you got treatment, what symptoms you reported, and how your condition developed over time. That record helps connect the crash to your injuries in a clear and practical way.
Insurance companies pay close attention to treatment history. If you wait too long to get care, deny diagnostic tests, skip follow-up visits, or stop treatment early, the insurer may argue that your injuries were minor. They may also claim that something other than the accident caused your pain.
See a physician directly after the crash, even if your injuries seem minor. This establishes an important baseline. It also allows your doctor to catch injuries that you may not be detecting, such as soft tissue injuries, concussions, or internal bleeding.
If your doctor recommends testing or imaging, follow through, even if you’re worried about the cost. Insurance will likely cover these tests, and if you don’t get them quickly, you close the door on important initial medical evidence.
Make sure to follow up with care. If you don’t attend ongoing medical appointments or therapies, you send a signal that your injuries aren’t that bad. You want to show a strong and consistent treatment record.
It’s also a good idea to keep your own symptom journal. Describe your initial injuries. Then, each day, make a brief note about how your symptoms change. You may say, “My head throbbed all day. I felt it in my temples and behind my eyes. I took ibuprofen, but it did not relieve my pain. It was hard for me to focus at work. I left two hours early and went to bed.”
Descriptions like this elaborate on your doctor’s notes. They create a full picture of how your accident symptoms affect you from day to day.
Limit Your Conversations with Insurance Agents
After a pedestrian accident, you may hear from an insurance adjuster quickly. The conversation may sound routine. The agent may be sympathetic and helpful. But be careful. They may try to get you to admit fault or downplay your injuries. Even a simple statement like “I am feeling better today” or “I didn’t see the car” can be used to reduce the value of your claim.
Talk to a Car Accident Injury Attorney
It’s always a good idea to talk to an attorney. Most offer free consultations, and they can advise you on the strength of your claim and a basic legal strategy. If an attorney represents you, they can talk to the insurance company, limiting your exposure to tactics that could twist your words.
A good auto accident attorney can keep you on track with filing deadlines and also make sure that you gather the right evidence. They can also help you negotiate for an appropriate settlement. This is important because insurance companies may offer you an early settlement that does not cover the full scope of your financial losses. An attorney can help you know when to accept and when to negotiate for more. If negotiations don’t lead to an acceptable settlement, an attorney can represent you in a trial.
Focus on Facts
Insurance companies have one goal in mind: protecting their bottom line. That’s why they may try to undermine your credibility or shift blame onto you.
Your best response is a clear, well-documented claim. When you preserve evidence, get timely and consistent medical care, and seek out expert counsel, you can preserve the truth and your legal rights.