Any Las Vegas pedestrian accident lawyer will tell you the same thing: Las Vegas is one of the most dangerous cities in the country for people on foot. Between the constant flow of tourists along the Strip, wide high-speed roads like Boulder Highway and Tropicana Avenue, and drivers distracted by the lights and traffic, pedestrians are struck far too often, and the injuries are frequently catastrophic. If you or someone you love was hit by a vehicle, here’s what you need to know about your rights under Nevada law.
Under Nevada law (NRS 484B.283), drivers must yield the right of way to pedestrians within a marked crosswalk or an unmarked crosswalk at an intersection. Drivers are also required to exercise due care to avoid hitting anyone on the roadway and to give an audible warning when necessary.
But the law cuts both ways. Pedestrians crossing outside of a crosswalk generally must yield to vehicles, and crossing against a signal or darting into traffic can shift some responsibility onto the pedestrian. The key point is that being outside a crosswalk does not automatically mean you lose your claim. Drivers still have a duty to pay attention and avoid a collision.
Unlike occupants of a car, a pedestrian has nothing to absorb the impact. Even a low-speed collision can cause:
These injuries often mean long hospital stays, surgeries, rehabilitation, and time away from work, which is exactly why insurance companies fight so hard to minimize what they pay.
The at-fault driver is the most common defendant, but liability isn’t always limited to the person behind the wheel. Depending on the circumstances, responsibility may extend to:
Identifying every responsible party matters, because it can mean access to more than one insurance policy to cover your losses.
Nevada follows a modified comparative negligence standard (NRS 41.141). If you’re found partly at fault, for example for crossing mid-block, your compensation is reduced by your percentage of fault. As long as you are not more than 50% responsible, you can still recover. Insurance adjusters know this rule well and will often try to pin an outsized share of blame on the pedestrian, so it helps to understand how comparative negligence works in Nevada before you talk to them.
If you’re able, at the scene, and in the days that follow:
A successful personal injury claim can recover damages for medical bills (past and future), lost income and reduced earning capacity, pain and suffering, disability, disfigurement, and more. In cases involving a death, surviving family members may be able to pursue a wrongful death claim.
Remember that Nevada’s statute of limitations generally gives you two years from the date of the accident to file a personal injury lawsuit. Waiting too long can bar your claim entirely and makes evidence harder to preserve.
If you were hit by a vehicle in Las Vegas, you shouldn’t have to face the insurance companies alone while trying to recover. Jerez Law offers a free, no-obligation consultation to review what happened and explain your options, and you pay nothing unless we win for you. Contact us todayto speak with our team.
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