In most situations, pedestrians have the right of way in Nevada. That means that drivers must do anything they can to minimize risk to pedestrians on the roadways, and a Las Vegas pedestrian accident lawyer from H&P Law can help your family. If they fail to do so and the pedestrian gets hurt, the driver could be held responsible for the financial losses incurred by the pedestrian.
Pedestrian and Vehicle Laws in Nevada
It is very common for people to use sidewalks, streets, parking lots, and driveways to get around, and they should not feel as if it is unsafe to do so simply because there are drivers on the roadways. Under Nevada Statute §484B.287, pedestrians are given the right of way in most situations including when they are in a crosswalk or an intersection. However, drivers typically are responsible if they strike a pedestrian they could have avoided.
The only time that a pedestrian is likely to be considered at fault in an accident with a vehicle is if the pedestrian runs out or suddenly darts out in front of a vehicle and the vehicle does not have the time or ability to stop to avoid hitting the pedestrian. Pedestrians should yield the right of way to motorists if they are trying to cross the street in an area where there are no crosswalks, but drivers still must take steps to avoid striking them.
In situations where the driver strikes a pedestrian, the details of what occurred are carefully considered to determine who is at fault. Typically, pedestrians have the right of way in Nevada, but only when they are crossing at designated areas. If you are a pedestrian who is struck by a car, you should know what your rights are in these situations.
Why Pedestrian Accidents Happen in Nevada
Pedestrian accidents can occur for various reasons, but many times, they are fully preventable. Every year, hundreds of people die as a result of being struck by a driver, and in the first six months of 2024, Clark County reported a rise of pedestrian deaths by 53% from the previous year. In Clark County, during that time, 52 people died as a result of being struck by a vehicle, including for common causes including:
- Distracted driving: Drivers who are not paying attention to the roadway may not see a pedestrian trying to cross the road, striking them.
- Intoxicated driving: There are many situations in which a person may be hit because the driver was intoxicated due to drug or alcohol use.
- Fatigued driving: Some late-night and early-morning accidents occur as a result of a driver who is too tired behind the wheel, leading to serious injury and death.
- Speeding: A driver who is speeding along the roadway may not see a person in a crosswalk before they are too close to stop, causing serious injuries.
- Pedestrian mistakes: Jaywalking is a common reason for such accidents, as well as a failure of a person to look both ways prior to crossing the street. This may lead to a driver not having enough time to stop.
Pedestrian accidents are often the fault of the driver, and as a result of this it is critical for victims to seek out legal help to pursue fair compensation after these accidents. If you were hurt due to an accident with a car, contact H&P Law to discuss your case with a pedestrian accident attorney in Nevada now. We are here to help and guide you.
How to Prove a Driver Was Responsible for Your Pedestrian Accident
When a pedestrian is struck by a vehicle, it is often the case that the driver will be considered at fault unless there is evidence to support otherwise. The police officer responding to the scene will assess the situation to determine if that is the case, but the burden of proof for seeking liability claims is on the shoulders of the victim. To prove negligence, pedestrians may be able to use evidence like the following to back up their claim.
- Lack of attempt to stop: If there is no evidence that the driver attempted to stop, such as skid marks, it is likely the driver did not see the person in the crosswalk.
- Location matters: Pedestrians who are struck while they are in a crosswalk or even those not in the street but on the sidewalk or other areas were likely hit by a driver not paying attention.
- Data: Information from cell phones indicating the use of navigational tools showing the driver interacting with the car at the time of the accident could help prove who is at fault.
- Witness statements: Witnesses may be able to provide insight into what occurred as well.
If you were hurt by a driver on a roadway, you should seek out legal guidance to pursue a claim. With the help of a pedestrian accident attorney, you gain the knowledge necessary to know how to hold those who hurt you accountable. Contact our team now for a free consultation, and read through our FAQs to learn more.
Why You Should Hire an Attorney in a Pedestrian Accident Case
Hiring an attorney provides you with the resources and tools you need to ensure you get treated fairly. This is specifically important in situations where you may be blamed for the accident. Your pedestrian accident attorney can help you in numerous ways:
- Gather evidence to prove your case.
- Calculate how much your case may be worth.
- Negotiate with the insurance companies.
Do not assume you will receive compensation because you were the pedestrian. Make sure you have all of the resources you need to navigate this legal process and review our case results to learn more.
Set Up a Consultation with a Nevada Pedestrian Accident Attorney Today
If you were hurt due to crossing the street or being hit by a driver, contact our legal team to learn more about your rights to compensation. At H&P Law, our team of highly experienced attorneys is ready to fight for your case and the damages you are owed. Contact us now for a free consultation to discuss your case.
