Pedestrians can be at fault in a car accident if their actions contribute to or directly cause the incident. While drivers have a duty to remain alert and yield when appropriate, pedestrians must also act responsibly and follow traffic laws.
The sooner you consult with a knowledgeable pedestrian accident injury lawyer in Las Vegas, the better your chances of securing fair compensation.
Pedestrians must follow traffic laws just like drivers. This includes obeying traffic signals, using designated marked or unmarked crosswalks at intersections, and avoiding dangerous behavior near roadways. In addition, under Nevada Revised Statutes Section 484B.287, pedestrians are required to yield to oncoming traffic when crossing a street that does not have a crosswalk. Anyone who fails to follow these rules may be found at fault if their actions contribute to a collision.
Several common behaviors may lead to a pedestrian being considered entirely or partially at fault for an accident:
Many states, including Nevada, use a legal principle called comparative negligence to determine liability in personal injury cases. Under this rule, fault can be shared between multiple parties. If a pedestrian is partially at fault for an accident, their compensation may be reduced based on their percentage of fault.
For example, if a pedestrian is found 30 percent responsible for a crash and the driver is 70 percent, the pedestrian can still recover compensation. However, the amount awarded will be reduced by 30 percent. In Nevada, you cannot recover damages if found more than 50 percent at fault for the accident.
Law enforcement, insurance companies, and attorneys will review several factors, including:
Fault is not always obvious. A thorough examination of the circumstances is necessary to determine who acted negligently.
Q: Can a pedestrian sue a driver if they were partially at fault?
A: Under Nevada’s modified comparative negligence rule, a pedestrian can sue and recover damages if they are 50 percent or less at fault. The court will reduce the compensation by the percentage of fault assigned to the pedestrian.
Q: What happens if a pedestrian is more than 50 percent at fault?
A: If a pedestrian is found to be more than 50 percent at fault, they cannot recover any damages under Nevada law.
Q: Do drivers always have to yield to pedestrians?
A: The duty of care applies to both parties and drivers must yield to pedestrians in crosswalks and at intersections. However, drivers must do everything they can to avoid an accident.
Q: Is jaywalking illegal in Nevada?
A: Jaywalking is illegal in Nevada. A pedestrian who crosses outside of a crosswalk or against a traffic signal may be cited and held partially or fully at fault in an accident.
Q: Can a pedestrian accident lead to a criminal charge?
A: If a driver was under the influence or drove recklessly, they may face criminal charges in addition to civil liability. Likewise, pedestrians who intentionally cause accidents may also face legal consequences.