Pedestrian accidents are some of the most serious incidents on Las Vegas roadways. Unlike drivers and passengers, pedestrians have no physical protection when struck by a vehicle, often resulting in severe or even life-threatening injuries. Because of this, many people assume that drivers are always legally responsible when a pedestrian is hit. While drivers are frequently at fault, Nevada law does not automatically assign blame in every pedestrian accident.
Fault depends on multiple factors, including traffic laws, right-of-way rules, and the actions of both the driver and the pedestrian. Nevada follows a detailed, fact-specific approach when determining liability. Understanding how fault is evaluated is critical for injured pedestrians seeking justice. Ace Lakhani Law, a trusted personal injury attorney in Las Vegas NV, helps victims navigate these complex legal issues, protect their rights, and pursue the full compensation they deserve.
How Fault Is Determined in Pedestrian Accidents
Pedestrian accident cases are governed by negligence law, which applies when someone fails to act with reasonable care and causes injury to another person. Determining fault requires a close examination of whether the driver or the pedestrian acted carelessly or violated traffic laws leading up to the collision.
Drivers are expected to remain alert, obey posted speed limits, yield the right of way when required, and watch for pedestrians at intersections and crosswalks. Pedestrians also have legal responsibilities, including obeying walk signals, using crosswalks properly, and avoiding sudden or unpredictable movements into traffic. When either party fails to follow these rules, fault may be assigned accordingly.
Because fault directly impacts compensation, understanding your rights after an accident is essential—especially in complex situations like parking lot incidents. For detailed guidance on what steps to take and how liability is evaluated, read more here.
Situations Where Drivers Are Commonly at Fault
Drivers are often found liable in pedestrian accidents because they operate powerful vehicles capable of causing catastrophic harm. Common situations where drivers are typically at fault include speeding, distracted driving, running red lights or stop signs, failing to yield at crosswalks, driving under the influence, and making unsafe turns at intersections.
Nevada law requires drivers to yield to pedestrians in marked crosswalks and at intersections—even when no crosswalk is painted. Drivers who ignore these legal obligations frequently bear the majority of the fault. Pedestrian accidents caused by reckless or inattentive driving are often handled similarly to other vehicle collision claims, which are discussed further in cases handled by an experienced auto accident lawyer in Las Vegas.
When Pedestrians May Share Responsibility
Although pedestrians are given strong legal protections, they are not exempt from responsibility. A pedestrian may share fault if they jaywalk, cross against traffic signals, suddenly step into traffic without warning, walk while distracted by a phone, or are impaired by alcohol or drugs at the time of the accident.
In these situations, insurance companies often argue that the pedestrian’s actions contributed to the collision. While this does not automatically eliminate a claim, it can reduce the amount of compensation available. This is why understanding Nevada’s comparative negligence laws is critical in pedestrian accident cases.
Nevada’s Comparative Negligence Law Explained
Nevada follows a modified comparative negligence rule. Under this system, an injured pedestrian can recover compensation as long as they are not more than 50 percent at fault for the accident. However, the total compensation awarded is reduced by the pedestrian’s percentage of fault.
For example, if a pedestrian is awarded $100,000 but found 25 percent responsible, their recovery would be reduced to $75,000. If they are found 51 percent or more at fault, they would not be eligible for compensation. Because fault percentages have a direct impact on financial recovery, strong legal representation is essential.
Common Injuries in Pedestrian Accidents
Pedestrian accidents frequently result in severe injuries due to the direct impact with a vehicle and the force of being thrown onto the pavement. These injuries often include traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, and permanent disfigurement.
In the most serious cases, pedestrian accidents can lead to long-term disability or death. Victims suffering life-altering injuries may require extensive medical treatment, rehabilitation, and ongoing care. Legal guidance from experienced catastrophic injury lawyers in Las Vegas can help ensure victims receive compensation that accurately reflects the full scope of their losses.
Evidence Used to Prove Fault in Pedestrian Accidents
Determining fault in a pedestrian accident requires a thorough investigation. Evidence often includes police reports, witness statements, traffic camera footage, surveillance video from nearby businesses, vehicle damage analysis, and medical records.
Insurance companies may attempt to place unfair blame on pedestrians to reduce payouts. Without strong evidence, victims may struggle to counter these arguments. An experienced pedestrian accident lawyer can collect and preserve evidence, consult accident reconstruction experts, and build a compelling case for liability.
The Role of Insurance Companies
Insurance companies are primarily focused on minimizing financial exposure. In pedestrian accident cases, adjusters often look for ways to argue that the pedestrian contributed to the accident, even when the driver clearly violated traffic laws.
Statements made to insurers can be used against injured pedestrians, which is why it is rarely advisable to handle a claim alone. Legal representation helps protect victims from unfair tactics and ensures that all damages, including future medical costs and lost earning capacity, are fully considered.
Wrongful Death Claims in Pedestrian Accidents
Tragically, some pedestrian accidents result in fatal injuries. When this happens, surviving family members may be eligible to pursue a wrongful death claim. These claims can seek compensation for funeral expenses, loss of financial support, and emotional suffering.
Wrongful death cases are legally complex and emotionally challenging. Families benefit from compassionate legal support that can handle the legal process while allowing them to focus on healing.
Why Legal Representation Matters
Pedestrian accident cases are rarely straightforward. Fault is often disputed, damages can be extensive, and insurance companies aggressively defend claims. A skilled pedestrian accident attorney can handle negotiations, prepare the case for trial if necessary, and fight for maximum compensation.
Legal representation also ensures deadlines are met, evidence is preserved, and victims are not pressured into accepting low settlement offers that fail to cover long-term needs.
Frequently Asked Questions
Are drivers always at fault in pedestrian accidents?
No. While drivers are frequently responsible, fault depends on the actions of both the driver and the pedestrian and how traffic laws apply to the situation.
Can a pedestrian recover compensation if they were jaywalking?
Yes. Under Nevada’s comparative negligence law, a pedestrian may still recover compensation if they were not more than 50 percent at fault.
What if the driver was speeding at the time of the accident?
Speeding drivers are often found negligent because excessive speed reduces reaction time and increases the severity of injuries.
Do pedestrians always have the right of way in crosswalks?
Pedestrians generally have strong legal protection in crosswalks, but they must still obey traffic signals and act reasonably.
Should I speak to the insurance company without a lawyer?
It is not recommended. Insurance adjusters may attempt to reduce or deny claims, making legal guidance essential.
Conclusion
Pedestrian accident cases can be legally complex, and fault is not always automatic. Whether a driver failed to yield or a pedestrian’s actions are being questioned, Nevada’s comparative negligence laws make it essential to understand your rights and options. Taking early action can help protect your ability to recover compensation for medical expenses, lost income, pain, and long-term care needs.
If you or a loved one has been injured in a pedestrian accident, experienced legal guidance can make a meaningful difference in the outcome of your case. Ace Lakhani is dedicated to delivering personalized representation and vigorous advocacy for injured pedestrians throughout Las Vegas.
Call us at (702) 814-4000 for a free consultation to discuss your case, or please submit a form through here.
