The rules of the road often state with clarity that pedestrians always have the right of way, indicating that drivers are always required to stop and allow a person walking to pass safely.
Yet, there are times when both pedestrians and vehicle drivers are responsible for the incidents that occur. If you have been in such an accident, the pedestrian accident attorneys in Nevada at H&P Law are ready to help you prove your losses and fight for your recovery.
Is a Pedestrian Ever at Fault in an Accident?
Drivers are not always at fault in a pedestrian accident. Imagine a driver driving within the speed limit and a person suddenly runs out in front of them, leading to an accident. The driver could not react in time, did not break the law, and may even have tried to stop, and in this case, they may not be responsible.
Both drivers and pedestrians have an obligation to keep others on the road with them safe. That means acting in a responsible way that does not put other people at risk unnecessarily or in any way (physically, emotionally, or financially). Nevada Revised Statutes §484B.287 provides very specific rules that you should know:
- Both driver and pedestrian may be considered at fault to differing levels under Nevada state law.
- If you are a pedestrian injured in a car accident, you must prove that the driver acted in a negligent manner and that this is what led to the losses you have.
- If you were hurt by the other party, you have the legal right to pursue financial compensation for the losses you have.
How to Prove Fault in a Pedestrian Accident in Nevada
When pedestrian accidents occur, there are often many concerns present, including a significant amount of injury and loss attributed to such accidents. After you receive care and are on the path to recovery, we encourage you to contact our pedestrian accident attorney to learn more about the rights you have to recover damages from these cases. Our primary goal will be to prove negligence in the legal matter, which must be done specifically by:
- Proving the driver owed you a duty of care, which they did when they got behind the wheel of the car)
- The driver’s actions created a breach of that duty (which means whatever they did put you at risk)
- You suffered injuries and other losses related specifically to that breach of duty
- You suffered financial or other loss as a result of the incident
Keep in mind that proving this can be challenging since the burden of proof falls fully on your shoulders as the victim. Our pedestrian accident attorneys in Nevada will help you navigate your legal options by providing insight and guidance to you on how to gather evidence to prove your case. We will do all we can to help you show that others were responsible for your losses, so be sure to read our client testimonials to learn more about our firm.
Comparative Fault Laws Apply in Nevada
Nevada personal injury laws make it clear that sometimes, one person is not the only party at fault and that both parties share some degree of fault in the incident. This is called comparative fault law, and it is critical for you to understand if you have been awarded any level of fault in this legal matter. Often, based on the evidence at the scene, the police officer could assign fault to you, as the pedestrian, if they find you violated your required duty of care, putting yourself or others at risk.
If you are found to have some level of fault, a specific percentage will be assigned to it. For example, perhaps you were not in the crosswalk when the accident occurred. This leads to the judge assigning 40% fault to you as a result of that lack of proper location.
As long as you are not more than 50% at fault, you can still seek out compensation for your losses. The amount of your loss recovery is likely going to be lower than if you were not at fault at all. Fault under 50% means you should still take legal action to protect your recovery.
Can You Fight When You Believe the Fault Levied on You Is Inaccurate?
Generally, the police or the court will assign fault based on the level of contribution you had to the accident, and this number remains in place. However, it may also be possible for our attorneys in Nevada to help prove that the assignment of fault to you is not accurate (and if that is the case, we can work to change it). There are many times that we can pursue evidence to prove that you were not responsible in any way for the losses that occurred.
How a Pedestrian Can Be at Fault in a Car Accident
It may seem impossible to believe that you are at fault for the losses you suffered when a driver hit you. Yet, there are many times when what you did or did not do could be a factor in why the accident occurred or in the losses you suffered. Some examples of how a pedestrian may be at fault in a car accident like this include the following:
- You were not crossing the street at a crosswalk but were jaywalking instead
- You walked onto the street to pick up something you dropped
- You crossed the street without looking before doing so
- The crosswalk signal or the lights changing indicated you should not cross, but you did anyway
- The clothes you were wearing were dark and hard for any driver to see
Even if you were at fault, we can help you. Let us review all of the evidence in your case to determine what your legal rights may be. Do not settle until you speak to us and review our case results.
Set Up a Free Case Evaluation with Our Pedestrian Accident Attorney in Nevada Now
Call H&P Law now to learn more about pedestrian faults in accidents like this. Let our pedestrian accident lawyer in Nevada help you determine if you have a case at a free consultation. Most often, the answer is yes!