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When Can a Pedestrian Be at Fault for a Car Accident? Pedestrian Accident Liability in Nevada
Updated:
07.18.24
In recent years, the number of pedestrians killed by motor vehicles has risen to over 7,000 annually. When a car strikes a pedestrian, the results can be catastrophic and traumatic. But is the driver always at fault in these accidents? What if the pedestrian acted recklessly?
Depending on how the accident occurred, both the driver and pedestrian could be at fault. Cameron Law explains how.
If you or a loved one has been hit by a car, it’s crucial to have skilled legal representation. A Las Vegas pedestrian accident lawyer can investigate your case, establish fault, and fight for compensation, even if you share some responsibility for the accident.
What Causes Most Pedestrian Accidents in Nevada?
With thousands of tourists and a reputation for excessive alcohol use, the streets of Las Vegas and other Nevada cities can be perilous. Many pedestrian accidents occur due to factors beyond the pedestrian’s control:
- Failure to Yield: Drivers may fail to yield to pedestrians at intersections and crosswalks, sometimes due to distracted driving.
- Speeding: Drivers who exceed speed limits are significantly more likely to seriously injure pedestrians.
- Traffic Violations: A driver who disregards a traffic signal or stop sign poses a hazard to other road users.
- Road Design: Streets that are not designed with pedestrians in mind can be especially hazardous to navigate.
Some actions taken by pedestrians can leave them vulnerable to being injured on Nevada streets and roads:
- Jaywalking: Crossing outside designated crosswalks can increase the risk of accidents.
- Poor Visibility: Pedestrians who wear dark clothing, especially at night, may not be easily seen by drivers.
- Intoxication: Alcohol or drugs may impair a pedestrian’s ability to navigate traffic safely, increasing their vulnerability on the road.
- Distractions: Pedestrians who use mobile devices while walking may not be fully aware of their surroundings.
Both pedestrians and drivers must adhere to traffic laws and exercise caution to reduce the number of pedestrian accidents in Nevada.
What Is a Driver’s Duty of Care?
Drivers have a fundamental duty to operate their vehicles with reasonable care based on the circumstances at hand. This duty includes avoiding behaviors that could lead to accidents or could harm other road users, including pedestrians.
Nevada drivers might:
- Drive while distracted
- Speed
- Fail to yield to pedestrians at crosswalks
- Disobey traffic signs or signals
- Neglect to use turn signals
- Disregard poor weather or traffic conditions
- Drive under the influence of drugs or alcohol
A driver who takes these actions and injures another person has violated their duty of care.
Additionally, drivers have a heightened duty of care toward children, who are at an increased risk of being struck by a vehicle. This special duty requires drivers to exercise extra caution in areas where children are likely to be present, such as school zones, parks, and residential neighborhoods.
Do Pedestrians Have a Duty of Care?
Unlike drivers of motor vehicles, pedestrians are considered to be unlikely to pose a threat to other road users. Still, they are responsible for exercising reasonable care to ensure their own safety.
This responsibility entails being mindful of potential hazards and taking appropriate precautions to avoid accidents. Pedestrians must obey Nevada traffic laws, and they could be held liable for any harm that results if they act negligently or recklessly.
Contributory Negligence vs. Comparative Negligence in Car-Versus-Pedestrian Cases
Each state has different negligence laws. These laws affect whether someone who was partially at fault for an accident can get compensation.
In states with contributory negligence laws, someone who shares blame for their injury cannot win a personal injury lawsuit against the person who was primarily at fault. This strict standard prevents many injured people from receiving compensation.
However, most states have comparative negligence laws, which offer a more balanced approach. Nevada is one of these states. Under comparative negligence laws, someone who contributed to their own injury can still seek compensation, although the compensation can be reduced in proportion to how much fault they share.
Since pedestrians have a duty of care to take reasonable steps for their own safety, they may share the blame for an accident that results when they fail to exercise this duty. For example, pedestrians might contribute to an accident by:
- Jaywalking
- Disregarding traffic signals at intersections
- Darting in front of vehicles without adequate caution
For example, suppose that a Las Vegas pedestrian was hit by a driver while jaywalking and determined to be 20% at fault for the accident. The pedestrian may still recover 80% of their losses from the other party.
If a pedestrian is determined to be more than 50% at fault for an accident, they could be barred from receiving compensation at all.
Shared Fault in Pedestrian – Car Accident Cases
Both drivers and pedestrians have a duty to act prudently on Nevada roads. Drivers must adhere to speed limits and yield to pedestrians at crossings, while pedestrians must use designated walkways and obey traffic signals. If either fails to fulfill this duty and their actions contribute to an accident, they can be held accountable for resulting injuries or other losses.
In legal proceedings, pedestrian accident attorneys play a crucial role in proving fault. Some factors they might examine include:
- Each party’s actions leading up to the accident, including traffic violations
- Road conditions and visibility
- Witness testimony
- Accident reconstruction analyses
- Expert testimony
After investigating the accident thoroughly and gathering evidence, a lawyer may argue that one party was liable or that both parties shared the blame. They can then negotiate a fair settlement for their client based on the evidence.
Are Pedestrians Covered by Car Insurance in Nevada?
In states with no-fault car insurance systems, pedestrians are typically covered through the driver’s personal injury protection (PIP) coverage. This means that regardless of who was at fault for the accident, the pedestrian's medical expenses and certain other economic losses can be covered by the driver's insurer up to the policy limits.
In contrast, Nevada is an at-fault insurance state. Under this system, it’s especially important to determine whether the pedestrian shared blame for the accident. If the driver is at fault, their insurance provider should pay for the harm the driver has caused. But if the pedestrian was primarily at fault, the insurance company might not be liable for their expenses.
These cases can get complicated, especially when it is not clear how the accident happened. Those involved may find answers by hiring a pedestrian–car accident attorney.
What Kinds of Damages Are Available After a Pedestrian-Car Accident?
After a pedestrian–car accident, the driver or pedestrian can pursue damages by filing a legal claim against the at-fault party. These damages may include compensation for the losses that the person has suffered.
Drivers may have limited compensable damages if they are unharmed and their vehicle sustains minimal damage.
Injured pedestrians typically have a broader scope of potential claims against the driver’s insurance or through a lawsuit. These may include:
- Medical Expenses: Pedestrians can seek compensation for all medical bills related to injuries sustained in the accident, including hospitalization, surgery, medication, rehabilitation, and ongoing medical care.
- Lost Income: If the pedestrian is unable to work due to injuries from the accident, they can claim compensation for lost wages and for diminished earning capacity if their ability to work in the future is affected.
- Pain and Suffering: Damages may cover physical pain caused by injuries and the emotional suffering endured due to the accident, including trauma, anxiety, and depression.
- Loss of Enjoyment of Life: Pedestrians may seek compensation for the loss of ability to participate in activities and hobbies they enjoyed prior to the accident.
- Emotional Distress: Damages can include compensation for emotional distress experienced as a direct result of the accident and subsequent injuries.
- Property Damage: The pedestrian can seek compensation for damaged personal property, such as a smartphone or watch.
A pedestrian accident lawyer can gather evidence that demonstrates these losses, both financial and non-financial, and negotiate with the at-fault driver’s insurance company for a fair settlement.
What's the Nevada Statute of Limitations in Pedestrian-Car Accident Claims?
In Nevada, the statute of limitations for pedestrian–car accident claims is two years from the date of the accident. This deadline applies to most personal injury lawsuits in the state, including wrongful death claims. The statute of limitations for property damage is slightly longer, at three years.
If a personal injury claim involves a government agency, the two-year deadline is the same. However, the process is a little more complicated. For example, the attorney general's office must initially evaluate and decide whether to approve or deny a claim.
The legal system moves slowly, and two years will go by faster than you think. It’s important to act quickly after the accident to avoid losing evidence, such as security footage and witness testimony. A dedicated Nevada pedestrian–car accident lawyer can take action to preserve evidence and move the case forward.
Steps to Take If You’re Injured in a Pedestrian Accident in Nevada
If you’re involved in a pedestrian accident in Nevada, what you do next could impact your ability to seek compensation for your injuries. Act promptly and with confidence by:
- Seeking Safety and Medical Assistance: Move to a safe area to prevent further injury and call 911 for immediate medical help.
- Gathering Information at the Scene: Collect contact details from the driver and witnesses, obtain the driver’s insurance information, and file an accident report with the police.
- Consulting With a Personal Injury Lawyer: Consider hiring a personal injury lawyer to handle insurance negotiations and advocate for fair compensation.
- Documenting and Preserving Evidence: Keep photos, medical records, and other accident-related information to support your claim.
- Filing an Insurance Claim: Open a claim with the at-fault party’s insurance company with the guidance of your attorney, if necessary.
- Preparing for Legal Proceedings: Be ready to pursue legal action if negotiations with the insurance company do not yield fair compensation.
- Maintaining Detailed Financial Records: Keep organized records of all financial losses you’ve incurred due to the accident, including medical bills.
- Following Legal Deadlines: Adhere to Nevada’s statute of limitations for personal injury claims to preserve your right to seek compensation.
The stronger the evidence in your favor, the more likely you are to win the compensation you deserve.
How Does a Wrongful Death Claim Work in a Pedestrian Accident Case?
If a pedestrian accident tragically leads to a fatality, certain surviving family members may pursue a wrongful death claim against the liable party. Compensation in these cases can cover funeral expenses, loss of future income, loss of companionship, and other related damages.
Typically, this legal process requires the guidance of a knowledgeable attorney. As family members deal with the emotional aftermath of losing their loved one, they can count on their lawyer to steer the case through the legal system, seeking justice and fair compensation.
Contact Our Compassionate Nevada Attorney for Guidance After a Pedestrian Accident
When you’ve been injured by a careless driver, you need a lawyer with a deep understanding of Nevada laws surrounding fault and liability. Establishing the driver’s fault is essential to building a case for the compensation you deserve, and you deserve a passionate and compassionate advocate for your rights and needs.
You can find that advocate at Cameron Law.
Contact our pedestrian accident attorney in Las Vegas today to secure the justice you deserve.
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2024-07-18
2024-07-18
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