Pedestrian Accident

Pedestrian Accidents: Who’s To Blame?

When it comes to liability for damages arising out of a pedestrian accident, compensation is the responsibility of the blameworthy party. Blame or fault is determined by examining each party’s actions through the lens of traffic negligence law. 

In most cases, violating one or more of the following laws typically causes accidents and puts one at fault:

• Speeding or driving too fast for current conditions
• Driving while impaired by drugs or alcohol
• Aggressive driving and road rage
• Failure to yield
• Failure to stop for red lights or stop signs
• Tailgating
• Driving while drowsy or fatigued
• Distracted driving
• Racing

Each of these unlawful and negligent actions can lead to the serious injury or death of a pedestrian. Whatever the cause ends up being, it often involves a failure to yield the right-of-way to a pedestrian. In some of these cases, lack of visibility plays a role. However, a lack of knowledge of Nevada’s pedestrian right-of-way laws is often to blame. 

Nevada’s Pedestrian Right-of-Way Laws

Pedestrian safety in Nevada is at an all-time low. According to a news report from early 2024, Nevada sits at the top of the list for pedestrian crosswalk deaths. The report explains that between 2017 and 2021, 424 pedestrians were parties to fatal traffic crashes. 

Motorists not only need to know how to operate motor vehicles safely; they must also have a good handle on Nevada’s traffic laws, including those pertaining to pedestrians. Additionally, pedestrians must understand these laws and their applicability. 

Crosswalks

Crosswalks in Nevada are pathways for pedestrians to travel from one side of the street to another. Every intersection in Nevada is considered to have a crosswalk, whether marked or unmarked. 

Drivers are required to yield to pedestrians in these crosswalks, even if they aren’t marked. However, certain exceptions apply, such as:

• A pedestrian darts out into a crosswalk before a driver can reasonably stop 
• A pedestrian walks on a do-not-walk signal
• A pedestrian leaves the boundaries of the crosswalk

Perhaps the most important takeaway is that drivers must respect crosswalks at every intersection, even in the absence of markings. Drivers must approach unmarked crosswalks as they would crosswalks with markings. 

Outside Of Crosswalks

Outside of crosswalks, the rules change dramatically. In most cases, crossing the street outside a crosswalk can get you charged with jaywalking. Additionally, pedestrians who cross outside of a crosswalk do not have the right of way. They must yield to all traffic.

However, motorists are not free to hit pedestrians crossing outside a crosswalk. The law requires motorists to take reasonably safe measures to avoid hitting a jaywalking pedestrian, even if the pedestrian is at fault. 

This means that a motorist who fails to take reasonable measures to avoid hitting a jaywalking pedestrian can be held liable for personal injury damages, including:

• Medical, hospital, and physical therapy bills
• Lost income and lost future economic opportunity
• Pain and suffering
• Inconvenience
• Physical impairment
• Wrongful death damages

These damages might also include punitive damages because swerving to hit a pedestrian, in any case, demonstrates a level of malice. Punitive damages can result in triple compensatory damages in some cases. 

Pedestrian-Specific Rules

Pedestrians frequently play a role in the accidents they experience. In Nevada, this in no way prevents pedestrians from seeking compensation for their injuries. The state follows the “modified comparative negligence” rule. 

Modified comparative negligence allows an injury victim to collect compensation as long as they are not more than 50% responsible for their injuries. Whatever percent responsibility they are assigned leads to a corresponding reduction in compensation.

Consider a pedestrian who is found to be 30% responsible for their pedestrian accident case. If they have $100,000 in compensable damages, their compensation will be reduced by 30%, or $30,000, to leave them a total of $70,000. 

Violating any of the following pedestrian-specific rules could lead to a reduction of damages:

• Use crosswalks, sidewalks, tunnels, and pedestrian bridges when present
• No crossing an intersection diagonally unless it is a diagonal intersection
• Stay to the right while crossing in a crosswalk
• Walk facing traffic and on the left side of the street when no sidewalks are present

Ultimately, the evidence will determine how much each party is at fault in a pedestrian accident. In many cases, the fault is clear. However, even in those seemingly cut-and-dried cases, insurance companies fight to reduce victims’ payouts or deny them altogether.

Enter the Paradise personal injury lawyers at Adam S. Kutner, Injury Attorneys. Our job is finished when you get the true value of your claim. We understand the game insurance companies play. We see time and again how profitable insurance companies routinely undervalue injury victims’ claims. We can help you obtain the compensation you deserve.

Know Your Rights And The Law

Knowing your rights and responsibilities as a pedestrian will ultimately keep you safe from danger. It will also help ensure you are compensated appropriately for any accidents that occur because, ultimately, a negligent party can harm even the safest pedestrian. If you have been injured in an accident, contact us today.

Sources:

Matthey, R. Nevada ranks 1st for highest percentage of pedestrian crosswalk deaths: study. (2024).
Nevada DMV Traffic Safety Quick Tips: Pedestrians.
NRS 484B.280.