Most people assume the driver is always at fault in a car accident, but collisions involving pedestrians can be more complex. Sometimes, it’s the pedestrian who may have acted negligently. In these situations, it’s important to know how Nevada law applies and what rights you have as a driver. Understanding pedestrian responsibilities in traffic situations can shed light on how fault is determined. Legal professionals like Jack Bernstein, who focus on pedestrian accident claims, can help clarify liability when the circumstances aren’t straightforward.
| Key Takeaway | What That Means For You |
|---|---|
| Pedestrians can sometimes be at fault for car accidents. | Don’t assume you’re automatically not liable based on their actions. |
| Nevada uses modified comparative negligence (NRS 41.141) to divide liability. | The test runs the same way whichever side is claiming. If you claim, you 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 award reduced in proportion to your share; a pedestrian who sues you is held to the same test. |
| You can still be sued by an at-fault pedestrian. | Being sued is costly and stressful, even if you’re likely to win in the end. |
| Your car insurance might not offer enough protection. | If the pedestrian has severe injuries, you could be personally responsible for damages beyond your policy’s limits. |
| Documenting the accident scene is crucial for protecting yourself. | Photos, witness statements, and a police report can all help prove the pedestrian’s negligence. |
| An experienced attorney can be your advocate in pedestrian accident cases. | These cases are complex, and an experienced lawyer can build a strong defense and navigate insurance negotiations. |
When Pedestrians Cause Accidents: Understanding Your Rights as a Driver
It might seem counterintuitive, but pedestrians can sometimes be at fault in car accidents. Understanding when this might occur is the first step toward protecting yourself if you find yourself in this situation.
Yes, Pedestrians Can Be Liable
While drivers carry a significant responsibility for safety, pedestrians also have a duty to follow the rules of the road. Here are some common scenarios where a pedestrian’s negligence could lead to an accident:
- Jaywalking: Crossing outside of designated crosswalks or against traffic signals.
- Distraction: Using a phone or being otherwise inattentive while walking.
- Impairment: Being under the influence of alcohol or drugs, affecting their judgment.
- Darting Out: Suddenly stepping into traffic without giving drivers time to react.
It’s important to remember: Even if the pedestrian made a mistake, that doesn’t automatically absolve you of all responsibility as the driver.
Nevada’s Law: It’s Not Always Black and White
Where pedestrian accidents get complicated is that Nevada follows a comparative negligence system. This means fault might be shared between both the driver and the pedestrian, which makes understanding your legal rights even more important.
Comparative Negligence Matters
- How It Works: The jury decides the percentage of fault for each party still in the case, and any compensation you receive is then reduced by your own percentage.
- Example: Even if you were only 10% at fault in the accident, your award could be reduced by that amount.
- Extreme Cases: If your share of the fault is greater than the share of the party you are suing, or their combined share if you are suing more than one, you cannot recover any compensation at all.
What Could Happen to You as the Driver
Unfortunately, even if the pedestrian was primarily at fault, that doesn’t mean you won’t face some consequences. Here’s what might happen:
You Might Still Get Sued
- Injured Parties Can Seek Compensation: Even if you believe the facts are on your side, someone who’s been seriously hurt in an accident may still try to shift blame and pursue damages. Knowing how personal injury claims are filed in Nevada can help you understand what to expect if a lawsuit is brought against you.
- It Costs Money to Defend Yourself: Lawyers don’t work for free, and a lawsuit can be financially and emotionally draining, even if you ultimately win.
Insurance May Not Be Enough
- Policy Limits: Your auto insurance pays only up to the limits on your policy. Nevada requires at least $25,000 for bodily injury to or death of one person and $50,000 for two or more persons in one crash (NRS 485.185), and when a pedestrian’s injuries are serious, the medical expenses and related damages can run well past those amounts. Knowing how bodily injury liability insurance works in Nevada can clarify what’s covered and what might fall to you personally.
- Personal Assets at Risk: In some situations, an injured party may pursue a personal lawsuit against you to recover damages that exceed your insurance limits. Not everything you own is reachable if they win: NRS 21.090(1) exempts a list of property from execution, except as that section specifically provides or federal law requires, and paragraph (l) exempts the homestead as provided for by law, including the sum of $605,000 that is paid to the defendant in execution pursuant to subsection 2 of NRS 115.050. Subsection 2 removes that protection for a judgment to recover the property’s price or to foreclose a mortgage or other lien on it, so it is not a flat cap. When disagreements arise over how fault is assigned, understanding how to challenge an insurance company’s fault determination can be critical to protecting your rights.
How to Protect Yourself
The best way to safeguard your interests after a pedestrian-caused accident is to be prepared and informed. Here’s what you need to do:
Evidence Is Your Best Friend
- Document the Scene: Take photos of the accident location, damage to your vehicle, and any visible injuries the pedestrian has.
- Witnesses: If anyone saw the accident, get their names and contact information.
- Police Report: Even if the pedestrian seems fine initially, always file a police report. This creates an official record of the incident.
Why a Lawyer Can Help:
- Defense Building: Lawyers experienced in pedestrian accidents know how to gather evidence and build the strongest possible case demonstrating the pedestrian’s fault.
- Insurance Battles: Attorneys handle communicating with your insurance company and that of the pedestrian and fight to protect you from unfair payouts.
- Protecting Your Future: If the injured party sues, your lawyer becomes your advocate in the courtroom.
Get the Legal Guidance You Need
Don’t go through this alone. Jack Bernstein Injury Lawyers offers free consultations to help you understand your rights and options in pedestrian accident cases.
FAQs: When a Pedestrian Causes a Car Accident
I hit a pedestrian, but they were jaywalking. Am I automatically in the clear?Not necessarily. Under Nevada’s modified comparative negligence law a jury can still assign you a share of the fault, and the pedestrian recovers only if their own negligence was not greater than the negligence of the defendant, or the combined negligence of the defendants they are suing, with their damages then reduced by their share. If the two of you are found equally at fault, the pedestrian recovers half. It’s crucial to have a lawyer assess your case.
Can I sue a pedestrian for causing an accident?Technically, yes. However, unless they have significant assets or special insurance, you might not be able to collect much even if you win. A lawyer can advise if it’s worth pursuing.
I was texting while driving and hit a pedestrian who ran into the street. Am I completely at fault?Not necessarily. Distracted driving weighs heavily against you, but Nevada divides fault among the parties. Under NRS 41.141 the pedestrian recovers only if their own negligence was not greater than the negligence of the defendant, or the combined negligence of the defendants they are suing, and what they recover is then reduced by their share. If the two of you are found equally at fault, the pedestrian recovers half of their damages; if their share is found greater than the defendants’ combined share, they recover nothing. Have a lawyer assess how fault is likely to be divided before you discuss the crash with any insurer.
The pedestrian who caused the accident seems okay. Do I still need to call the police?Absolutely. Some injuries aren’t immediately obvious, and having an official police report protects you if the pedestrian later claims serious injuries or changes their story.
The pedestrian’s insurance company is contacting me. Should I speak to them?Never give a recorded statement or sign anything without consulting a lawyer first. Insurance companies will try to minimize payouts and may use your words against you.
What if I don’t have much car insurance coverage? Could I lose my house?Your home is better protected than most people assume. If the pedestrian’s injuries are severe and your policy limits are not enough, they can sue you personally for the difference, but a judgment is collected only out of property the law allows a creditor to reach. NRS 21.090 lists the property that is exempt from execution, and paragraph (l) of subsection 1 exempts the homestead as provided for by law, including the sum of $605,000 that is paid to the defendant in execution pursuant to subsection 2 of NRS 115.050. Subsection 2 of NRS 21.090 removes the exemption for a judgment to recover the property’s price or to foreclose a mortgage or other lien on it. Other exemptions in the same section cover things like household goods, a vehicle and part of your wages. Whether an exemption applies, and to how much, depends on your circumstances, so get advice on your own position early rather than assume the worst.
I think a pedestrian caused my accident on purpose, trying to get hit. What should I do?Document everything meticulously! This is rare, but not unheard of. A lawyer can help you build a case to prove the pedestrian’s fraudulent intent.
This whole situation is stressing me out. Where can I get help understanding my options?Schedule a free consultation with a Las Vegas car accident lawyer who practices in cases involving pedestrian accidents. They can explain the law, assess your case, and advise you on the best course of action.
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas car accident attorneys. 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.