Many assume drivers are always responsible in a Nevada pedestrian accident. This is because of the belief that pedestrians always have the right-of-way. However, this is not the case. At Lerner and Rowe Injury Attorneys, our team explains how fault is determined in a pedestrian accident and the steps an injury victim can take to seek compensation.
Local Laws Governing Pedestrians in Nevada
According to Nevada Revised Statutes Section 484B.287, if a pedestrian is crossing the road somewhere other than a clearly marked crosswalk or intersection, they must yield to approaching traffic. Giving the right-of-way to oncoming traffic is also necessary while using a pedestrian tunnel or overhead crossing to cross a highway.
Depending on the circumstances, both drivers and pedestrians can be at fault in a Nevada pedestrian accident. If you’ve been involved in an accident, either as the driver or a pedestrian, you’ll want to contact an experienced personal injury attorney who can help you navigate this potentially complicated situation.
Negligence and Duty of Care
Negligence is the root cause of personal injury cases. Legally, negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.”
In a pedestrian accident situation, if someone was driving drunk and hit a pedestrian who was following the law, the driver would be acting negligently. Drivers and pedestrians must take reasonable care to ensure the safety of those around them.
According to Nevada law, a person owes a duty of care when they are the ones with the authority and capacity to take action to keep another person safe. Either party may be accountable to the persons who are harmed as a result of their actions if they fail to act appropriately.
If an injury occurs because of the actions of others, that person has violated their duty of care.
How to Prove Fault in a Pedestrian Accident?
Depending on the circumstances of the accident, proving who is at fault can be a challenge. Aside from investigation evidence from the accident scene, eyewitness testimony, and the police report, Nevada’s comparative fault law can also be used to establish a percentage of fault. Comparative fault or comparative negligence means that if an individual is no more than 50 percent at fault for the accident, they can recover damages.
An example would be if a pedestrian didn’t have the right-of-way and crossed in front of a car, but the driver was not paying attention and could have avoided the accident. According to this law, an injured victim’s financial compensation is reduced by an amount corresponding to the extent of their fault for the accident. If a pedestrian is determined to have contributed less than 50% to an accident, they are still entitled to partial compensation.
In other circumstances, either the pedestrian or the driver can be held 100% liable for a Nevada pedestrian accident.
How Pedestrians Cause Accidents
Pedestrians can be at fault for collisions if they act recklessly or in violation of one of Nevada’s traffic regulations.
There are several ways a pedestrian can cause an accident, including:
- Jaywalking; pedestrians must cross only when they are certain they won’t impede traffic, or as directed in specified crossing zones
- Wearing dark clothing at night
- Not looking before crossing the street
- Intentionally throwing objects in the street
- Crossing the street when the lights indicate you should wait
- Attempting to cross the street while intoxicated
- Deliberately attempting to distract a driver
- Walking into the street to grab something
How Drivers Cause Pedestrian Accidents
Drivers are often to blame in pedestrian accidents. Here are a few ways drivers can cause an accident with a pedestrian:
- Reckless driving
- Distracted driving
- Driving while intoxicated
- Ignoring the pedestrians right-of-way
- Passing a car stopped at a red light or stop sign
- Running a red light
- Passing a school bus
How Can a Personal Injury Attorney Help After a Pedestrian Accident?
The evidence of witnesses could be crucial to a Nevada pedestrian accident case’s outcome. Your lawyer can assist you in making immediate contact with witnesses so they can provide a statement while their memories of the incident are still fresh. Our team of Nevada personal injury attorneys are skilled at contacting witnesses and working with them to help provide critical evidence.
Whether you were the pedestrian or the driver in an accident, we can help. Your attorney will work tirelessly to ensure you get the compensation and justice you deserve after a pedestrian accident. We are available 24/7 by phone at 844-977-1900, via LiveChat, or you can fill out our online form. Get in touch with Lerner and Rowe today to schedule your free case evaluation.