When it comes to getting in an auto accident, there truly is no preferred scenario. On the contrary, a likely “worst case” auto accident is one that involves a pedestrian, as the risk for personal injury or even death is likely to be high for the individual who is struck. For this reason, it is imperative that drivers in Las Vegas and Nevada understand the rules and regulations surrounding accidents that involve pedestrians.
Nevada law outlines a set of definitions and conditions by which courts determine fault in personal injury cases. While these laws are made readily available to the public, it can sometimes be hard for someone not familiar with such material to parse out the important information.
While anyone involved in an auto accident should defer to their personal injury attorney on matters surrounding their case, there are certainly instances in which preliminary information gathering is advised. The following is intended to serve as a resource for residents of Las Vegas and Nevada as they begin to understand the implications of accidents involving pedestrians.
Defining a Pedestrian
While the definition of a pedestrian may seem straightforward, the law in Nevada calls special attention to this term. For instance, individuals on foot, in a wheelchair, or on roller skates are all considered pedestrians. However, individuals riding a bicycle are not considered pedestrians, as bicycles are considered vehicles that share the same rules of the road as automobiles, in addition to specific safety requirements in some areas.
Defining the Right of Way
Residents of Las Vegas and Nevada will be interested to know that the law actually does not define who has the right of way in traffic scenarios. Instead, the rules of the road dictate only who must yield in a given situation. Therefore, courts will be looking to determine who was abiding by the traffic signs, signals, and crosswalks in the events leading up to the accident.
Under most conditions, pedestrians are assumed to have the right of way (i.e. cars should yield) when they are walking across marked crosswalks. However, drivers may only be expected to yield when the pedestrian has reached or will soon reach the halfway point. For this reason, the judge and personal injury courts will look to determine just how far into a crosswalk a pedestrian was, as well as making sure they were in between the marked lines and were not acting irrationally in the moments leading up to the incident.
When to Contact Legal Professionals
For the everyday citizen, being involved in an accident, especially as a pedestrian or one that includes pedestrians, can be a traumatizing and disorienting experience. It therefore stands to reason that attempting to build a case for litigation to recover compensation for damages is beyond the scope of most people’s capabilities. This is why victims in these cases choose to work with an experienced personal injury attorney in their area.
For years, the attorneys at H&P Law have been helping victims in and around Las Vegas fight for their rights to fair compensation. If you have been involved in an accident and want to know your rights, contact H&P Law today.