Pedestrian Rights and Responsibilities in Traffic Accidents

Pedestrian accidents raise a whirlwind of questions. Do you have a case? How do you protect your rights? What if the driver claims it was your fault? This article will provide clear answers, giving you the information you need to navigate this complicated legal landscape.

Pedestrians are often at a disadvantage in accidents, but knowing your rights is the first step toward getting help. Jack Bernstein Injury Lawyers practices in personal injury cases and fights for injured pedestrians here in Las Vegas.

Pedestrian Hit by Car? Understanding Your Case

As a pedestrian, you have the right to safely use roads and sidewalks. Understanding your rights, how fault is determined, and the complexities of pedestrian accident claims is crucial to protect yourself.

Pedestrian Rights-of-Way: Where and When You Have Priority

• Marked Crosswalks: Drivers must yield to a pedestrian already crossing within the crosswalk, on the half of the road the vehicle is traveling on or turning onto, or approaching closely enough from the other half to be in danger. A pedestrian may not suddenly leave a curb and step into the path of a vehicle that is too close to stop. Stepping off the curb that way shifts fault toward you, but under NRS 41.141 you still recover as long as your negligence was not greater than the negligence of the defendant, or the combined negligence of the defendants you are suing, with your damages reduced in proportion to your share of the fault.
• Unmarked Crosswalks: The rule reaches an unmarked crosswalk at an intersection, with the statute’s conditions attached. Under NRS 484B.283(1)(a), where official traffic-control devices are not in place or not in operation, a driver must yield to a pedestrian crossing within a crosswalk when the pedestrian is upon the half of the highway the vehicle is traveling on or turning onto, or is approaching so closely from the opposite half as to be in danger. Subsection 4 defines half of the highway as all the lanes designated for traffic traveling in one direction. Where a signal is in place and operating, the signal controls the crossing instead.
• Intersections: Where pedestrian signals are in place, they control the crossing: you have the right-of-way on a walk signal, and you may not start across on a steady or flashing don’t walk signal. If you cross at a point other than a marked crosswalk, or an unmarked crosswalk at an intersection, you must yield to vehicles already on the road. Crossing against a signal shifts fault toward you, but it does not end your claim unless your negligence is greater than the negligence of the defendant, or the combined negligence of the defendants you are suing.
• Sidewalks and Road Shoulders: When sidewalks aren’t available, pedestrians may walk on the shoulder, facing oncoming traffic for maximum visibility.

Driver Responsibilities Toward Pedestrians

Drivers have a legal duty of care toward pedestrians. This means:

• Lookout: Actively scanning roads for pedestrians, especially in residential areas, school zones, and near crosswalks.
• Yielding: Always yielding the right-of-way to pedestrians in crosswalks or intersections they’re crossing legally.
• Speed adjustments: Slowing down where pedestrians are likely to be present.
• Enhanced Caution: Exercising extra care in bad weather, at night, or other conditions where visibility may be reduced.

Factors Determining Fault in Pedestrian Accidents

• Traffic Law Violations: Did the driver or pedestrian break any traffic laws (speeding, running red lights, etc.)?
• Distracted Driving: Was the driver texting, eating, or otherwise distracted, affecting their ability to see or react to pedestrians?
• Failure to Yield/Exercise Caution: Did the driver fail to yield the right-of-way or take reasonable steps to avoid hitting a pedestrian? Situations involving distracted driving often overlap with these failures, as seen in cases involving driver distraction.

Joint Fault Situations (Comparative Negligence)

Under Nevada’s modified comparative negligence rule (NRS 41.141), you can still recover as long as your negligence was not greater than the negligence of the driver, or the combined negligence of the defendants you are suing. Any damages awarded are reduced in proportion to your share of the fault.

Third-Party Liability/Premises Liability

In some cases, parties other than the driver may be liable:

• Property Owners: If dangerous property conditions (icy sidewalks, broken curbs) contributed to your accident.
• Government Entities: If poorly maintained roads or faulty traffic signals played a role. In some cases, a city may be held liable for failing to address these hazards.

Protecting Your Claim: Evidence, Insurance, and Deadlines

After a pedestrian accident, your priorities are getting medical attention and taking the right steps to protect your legal claim. Here’s what to do:

Immediate Actions After an Accident

• Seek Medical Attention: Get checked out by a doctor immediately, even if you don’t feel badly injured. Some injuries have delayed symptoms.
• Call the Police: A police report is vital evidence, documenting the accident scene and circumstances.
• Gather Information: Get the driver’s name, insurance, license plate, contact info for any witnesses, and take photos or videos of the scene, your injuries, and vehicle damage.
• Document Everything: Note the exact location, time of day, and weather conditions at the time of the incident. Following a clear accident documentation guide can help ensure no important details are overlooked.

The Importance of Medical Documentation

Your medical records are the most powerful tool for proving your injuries are a direct result of the accident. They help:

• Connect Injuries to the Accident: Links your condition to the incident, not unrelated prior health issues.
• Support Claims for Damages: Justifies compensation for pain and suffering, lost wages, and future medical care.
• Address Delayed Injuries: Proves problems that appear later are related, not new or unrelated.

Dealing with Insurance Companies

• Do Not Give Recorded Statements: Contact an attorney before speaking to the insurance company. Insurers may try to use your words against you, especially in situations where a claim is denied and additional steps become necessary to challenge their decision.
• Insurance Companies Are Not Your Friend: Their goal is to minimize payouts, not ensure you’re fairly compensated.
• Be Wary of Initial Offers: Never accept a settlement without consulting a lawyer. Early offers are often made before the full extent of your losses is known.

Statute of Limitations (Deadlines for Filing a Lawsuit)

Nevada generally requires an action for injuries to a person to be commenced within two years (NRS 11.190(4)(e)), so you have a limited time to file your claim. Different deadlines and exceptions can apply: a tort claim against the State or a political subdivision must also be filed with the Attorney General or that governing body within two years after the cause of action accrues (NRS 41.036), and the period does not run while the injured person was under 18 or insane when the claim accrued (NRS 11.250). Acting quickly is crucial for preserving evidence and filing your claim within that deadline.

The Importance of a Lawyer in Pedestrian Accident Cases

Pedestrian accidents are often more complex than they initially seem. An experienced attorney protects your rights and pursues any compensation that may be available under the facts and the law. Here’s why:

Why Early Legal Intervention Is Crucial

• Preserve Evidence: Your lawyer can secure police reports, contact witnesses promptly, and obtain critical evidence (like traffic cam footage) before it disappears.
• Avoid Costly Mistakes: Saying the wrong thing to the insurance company or missing deadlines can jeopardize your case.
• Protect Your Rights: Insurance companies will try to downplay your injuries and minimize their liability. Your lawyer protects you from these tactics.

Complexities of Proving Fault

• Insurance Company Tactics: Insurers often try to shift blame onto the pedestrian, even when that’s not justified. Your attorney pushes back against these strategies, which tend to follow familiar patterns used to minimize payouts.
• Disputed Scenarios: If there are no witnesses or accounts differ, a lawyer can bring in experts to reconstruct the scene and help clarify responsibility, especially useful when building a strong claim against the other driver.

Obtaining Fair Compensation

Pedestrian accident victims may be entitled to compensation for:

• Medical Expenses: Past, present, and future costs related to treatment and rehabilitation.
• Lost Wages: Income lost due to missing work for treatment and recovery.
• Pain and Suffering: Physical and emotional trauma caused by the accident.
• Other Losses: Loss of life enjoyment, disfigurement, etc. (will vary depending on your unique case).

Building a Strong Case

Pedestrian attorneys will:

• Gather Evidence: Thoroughly investigate to strengthen your claim.
• Handle Insurance Companies: Deal with insurers on your behalf, shielding you from aggressive tactics.
• Negotiate Skillfully: Present your documented damages to the insurer in settlement talks.
• Prepare for Trial: If necessary, litigate your case in court.

Pedestrian Rights in Car Accident Claims: FAQs

Most likely, yes. Drivers have a duty of care toward pedestrians, and violating it often creates grounds for a case.

Your priorities are getting medical attention (even for seemingly minor injuries) and calling the police.

Never give a recorded statement to the insurance company without consulting an attorney first.

Potentially, yes. Crossing at a point other than a marked crosswalk, or an unmarked crosswalk at an intersection, means you had to yield to vehicles on the road, so the driver will argue you carry part of the fault. Under Nevada’s modified comparative negligence rule (NRS 41.141), you can still recover as long as your negligence was not greater than the negligence of the driver, or the combined negligence of the defendants you are suing, and any damages awarded are reduced in proportion to your share of the fault. An attorney can assess your specific situation.

Possibly, but that turns on the facts rather than on the location. A driver is expected to keep a lookout and drive carefully where people are walking, and liability is decided by whether the driver used reasonable care in the circumstances and whether the failure caused your injuries. One thing to know: the pedestrian right-of-way rules in NRS 484B.283 and NRS 484B.287 are written in terms of a highway, so the statutory duties described above may not apply in a private lot the same way. Have the specific facts of your crash looked at.

You may still have a case. Medical documentation connects worsening conditions to the incident. Act quickly as time limits apply.

It’s impossible to say without a lawyer reviewing your case. Early offers are often made before the full extent of your losses is known.

A lawyer can consult with medical and financial experts to project the full current and future costs of your injuries and pursue any compensation that may be available under the facts and the law.

Yes, Jack Bernstein Injury Lawyers works on a contingency basis. This means you pay nothing upfront, and we only get paid if we win your case.

Final Thoughts

Pedestrians have rights, but drivers don’t always respect them.

• Protecting yourself after an accident is crucial: get medical care, document everything, and don’t speak to the insurance company without a lawyer.
• Pedestrian accident cases are complex. An experienced attorney can handle the case from investigation through negotiation and, where needed, trial.

Don’t face this fight alone. Contact Jack Bernstein Injury Lawyers for a free consultation. We’ll assess your case and help you understand your options.

Contact Us for a Free Consultation

If you have been injured in a pedestrian accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas pedestrian accident lawyers. You will gain an advocate for every stage in the claims process, and we will pursue your claim to a resolution.

Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.

Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.