With its bustling tourist corridors and dense urban areas, Las Vegas is a city of pedestrians. Unfortunately, this also makes it a hotspot for devastating pedestrian accidents. When a multi-ton vehicle strikes a person on foot, the results are almost always catastrophic, leading to life-altering injuries or death. If you or a loved one was hit by a car, it is crucial to understand that pedestrians have rights, and negligent drivers must be held accountable for the harm they cause.
The Driver's Duty of Care to Pedestrians
In Nevada, all drivers have a legal "duty of care" to operate their vehicles safely and to be vigilant for pedestrians on or near the roadway. This duty is heightened in areas where pedestrians are common, such as the Strip, downtown, or near residential areas. A driver can be found negligent for an accident if they breached this duty by:
- Failing to Yield the Right-of-Way: Drivers must yield to pedestrians in marked or unmarked crosswalks.
- Speeding: Exceeding the speed limit reduces a driver's reaction time and dramatically increases the severity of impact.
- Distracted Driving: Texting, using a GPS, or being otherwise distracted is a leading cause of pedestrian accidents.
- Driving Under the Influence (DUI): Alcohol or drugs impair a driver's judgment and ability to see and react to pedestrians.
- Ignoring Traffic Signals: Running a red light or stop sign.
- Failing to Look Before Turning: Many accidents happen when drivers are focused on other traffic and turn into the path of a pedestrian who has the right-of-way.
What if I Wasn't in a Crosswalk?
This is a common question and a frequent tactic used by insurance companies to deny claims. While pedestrians also have a duty to exercise care for their own safety (e.g., not darting into traffic), a driver's duty to avoid a collision does not disappear simply because a pedestrian is outside of a crosswalk. Drivers are still required to be aware of their surroundings and avoid a collision if possible. Under Nevada's comparative negligence law, even if you are found partially at fault for not being in a crosswalk, you can still recover damages as long as your fault was not the primary cause of the accident (i.e., less than 51%). An attorney can be critical in fighting back against unfair blame-shifting by the insurance company.