Were you hit by a car while walking in Las Vegas or elsewhere in Nevada? With heavy tourist foot traffic, wide multi-lane roads, and busy intersections, the Las Vegas valley sees a high number of pedestrian accidents every year. Pedestrians have no protection in a collision, so even a crash at low speed can cause serious injuries.
This guide explains pedestrian rights in Nevada, how fault is decided, the deadlines that apply, and what to do after an accident.
Where do pedestrian accidents happen most in Nevada?
Pedestrian crashes happen across the state, but they are especially common in places with heavy foot and vehicle traffic, including:
- The Las Vegas Strip and downtown Fremont Street area
- Wide arterial roads such as Boulder Highway, Flamingo Road, and Tropicana Avenue
- Casino, hotel, and shopping center parking lots and garages
- Rideshare pickup and drop-off areas
- Downtown Reno and areas near the University of Nevada
What are a pedestrian's rights in Nevada?
Nevada drivers must yield to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection, and they must use due care to avoid hitting any pedestrian on the road. Drivers also may not pass a vehicle that has stopped at a crosswalk to let a pedestrian cross.
Pedestrians have responsibilities too. They should obey traffic signals, use crosswalks where available, and avoid suddenly stepping into the path of a vehicle that is too close to stop. When both sides made mistakes, Nevada's comparative negligence rule decides how compensation is shared.
How does fault work in a Nevada pedestrian accident?
Nevada uses modified comparative negligence (NRS 41.141). An injured pedestrian can recover damages as long as their own fault is not greater than the fault of the parties they are suing. That means you can recover if you were 50 percent or less at fault, with your compensation reduced by your share. If you were 51 percent or more at fault, you cannot recover.
For example, if your damages total $200,000 and you are found 25 percent at fault for crossing against a signal, you could still recover $150,000.
Who can be held responsible?
- The driver who struck the pedestrian
- The driver's employer, if they were working, such as a delivery, shuttle, or limo driver
- A property owner, if a parking lot or garage was unsafely designed or poorly lit
- A government entity, if a dangerous road condition or broken signal contributed
How long do you have to file a pedestrian accident claim?
In Nevada, personal injury lawsuits must generally be filed within two years of the accident (NRS 11.190). Wrongful death claims generally must be filed within two years of the death. Claims involving government entities can have extra procedural steps, so it is important to act early if a public road, bus, or government vehicle was involved.
What if the driver was uninsured or fled the scene?
Hit-and-run crashes are a serious problem in pedestrian cases. If you have your own auto insurance with uninsured motorist (UM) coverage, it may cover your injuries even though you were walking, not driving. Coverage may also be available through a household family member's policy. Report a hit-and-run to police as soon as possible.
What should you do after being hit as a pedestrian?
- Call 911 and get medical care, even if your injuries seem minor.
- Ask for a police report and write down the report number.
- Get the driver's name, license, plate, and insurance information if possible.
- Take photos of the scene, crosswalk, signals, vehicle, and your injuries.
- Ask nearby businesses and casinos about surveillance video quickly, before it is overwritten.
- Collect witness names and phone numbers.
- Avoid recorded statements to the driver's insurer until you understand your rights.
What compensation can pedestrians recover?
Injured pedestrians may recover medical expenses, rehabilitation, future care, lost income, reduced earning capacity, and non-economic damages such as pain, suffering, and loss of enjoyment of life. Visitors injured while in Nevada can still bring a claim under Nevada law even if they live in another state.
Should you talk to a lawyer?
If you were seriously injured, if the driver disputes fault, or if you are visiting from out of state and need to handle a claim from home, speaking with a Nevada personal injury attorney can help. Most offer free consultations and work on contingency.
This article provides general information about Nevada law and is not legal advice. Every case is different. Speak with a licensed Nevada attorney about your specific situation.