Las Vegas Pedestrian Accident Lawyer

In short: Pedestrian claims often turn on fault rather than on whether the person was hurt. A driver's insurer may argue that you stepped out, crossed against a signal, or were not in the crosswalk. Nevada's traffic statutes are more detailed than that argument, and being partly at fault does not end a claim. Clark Law Group, PLLC in Las Vegas can review the crash report, the signal and crosswalk facts, and the available coverage. Consultations are free. On personal-injury matters, you do not pay an attorney fee if there is no recovery. Call 702-330-3272 Monday through Friday, 8:30 AM to 5 PM, or contact the office. Contacting the firm does not create an attorney-client relationship.

The driver's duty does not start at the crosswalk

Nevada imposes a standing duty on every driver, independent of where the pedestrian is. Under NRS 484B.280(1), a driver of a motor vehicle shall exercise due care to avoid a collision with a pedestrian, give an audible warning with the horn when appropriate and necessary to avoid a collision, and exercise proper caution upon observing a pedestrian:

• on or near a highway, street, or road;
• at or near a bus stop, bench, shelter, or transit stop, or while a person is boarding a bus or other public transportation vehicle; or
• in or near a marked school zone or school crossing zone, or a marked or unmarked crosswalk.

Two parts of that list matter constantly in Las Vegas and are usually left out of the insurer's version. The duty covers unmarked crosswalks at intersections, not only painted ones. And it specifically covers transit stops, which is where a large share of valley pedestrian traffic concentrates.

Right-of-way, signals, and the passing rule

In the crosswalk. When traffic-control devices are not in place or not operating, the driver must yield the right-of-way — slowing down or stopping if necessary — to a pedestrian crossing within a crosswalk who is on the half of the roadway the vehicle is traveling on or turning onto, or who is approaching closely enough from the other half to be in danger (NRS 484B.283(1)(a)). A turning vehicle is squarely covered by that language, which is why a right-turn-on-red or a left turn across a crosswalk is a common fact pattern.

Stepping off the curb. The same statute says a pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that it is impossible for the driver to yield (NRS 484B.283(1)(b)). That is a real limit, and it is the driver's most common defense.

The stopped-vehicle rule. When a vehicle is stopped at a marked or unmarked crosswalk at an intersection, an approaching driver may not overtake and pass it until the driver has determined the vehicle was not stopped to let a pedestrian cross (NRS 484B.283(1)(c)). On a multi-lane Las Vegas arterial, this is often the whole case.

Signals. While the WALK indication or walking-person symbol is illuminated, pedestrians facing the signal may cross and must be given the right-of-way by all drivers. While a flashing DON'T WALK or upraised hand is accompanied by a countdown timer, a pedestrian may proceed but must finish before the timer reaches zero. Where the flashing signal has no countdown timer, a pedestrian may not start crossing, but a pedestrian who lawfully entered on WALK may continue across (NRS 484B.283(1)(d)).

Crossing outside a crosswalk: what the statute actually says

A pedestrian crossing at a point other than a marked or unmarked crosswalk must yield the right-of-way to vehicles, must not cross between adjacent signalized intersections except in a marked crosswalk, and must not cross diagonally unless authorized (NRS 484B.287(1)). The penalty provision is the part that gets left out: a violation of that section is not a misdemeanor and is punishable by a civil penalty of not more than $100 (NRS 484B.287(2)).

That matters for a claim because Nevada uses modified comparative negligence with a 51% bar. Under NRS 41.141, a claimant whose share of fault is not greater than the defendant's is not barred from recovering; the award is reduced by the claimant's percentage. Someone who was crossing mid-block can still have a claim if the driver's conduct — speed, distraction, failure to keep a lookout, failure to exercise due care under NRS 484B.280 — was the larger share of the fault. Conversely, a claimant found more than 50% responsible can be barred entirely. This is a facts-and-evidence question, and nobody can answer it from a phone call alone.

The evidence that settles the fault argument

• The crash report and the responding agency's identity and report number.
• The exact intersection configuration: marked or unmarked crosswalk, signal type, whether a countdown timer exists, lane count, median, lighting, and any obstruction.
• Signal timing data from the operating agency, when the dispute is about phases.
• Camera footage from the intersection, nearby businesses, buses, or a passing dashcam. Retention varies by system and operator, and some footage is overwritten before a claim is presented, so an early written preservation request is worth making. Preservation duties can also arise independently once litigation is anticipated; NRCP 37(e) addresses lost electronically stored information.
• Vehicle event-data-recorder information, when it is still on the vehicle and access is lawful.
• Independent witnesses, including transit passengers and drivers, who leave the scene quickly.
• Your clothing and anything you were carrying, which is used in visibility arguments.
• Photographs at the same time of day, because a nighttime lighting dispute cannot be reconstructed from a daytime photo.

Insurance after a pedestrian collision

A pedestrian has no vehicle policy in the collision itself, so coverage comes from elsewhere. The at-fault driver's liability policy comes first. Nevada's statutory minimums are $25,000 per person, $50,000 per crash for bodily injury, and $20,000 for property damage (NRS 485.3091). Those are minimums, not the limits on every policy, and a serious pedestrian injury commonly exceeds them.

Your own auto policy can still matter even though you were on foot. Nevada insurers must offer uninsured and underinsured motorist coverage equal to the bodily-injury limits sold (NRS 687B.145(2)), and that coverage frequently follows the insured person rather than only the insured car. Whether it applies depends on the policy language, so the declarations page and the full policy are worth reviewing early. The firm's insurance glossary defines these terms in plain language.

If a government vehicle, a transit operation, or a road-maintenance decision may be involved, the first question is who actually owns, operates, or maintains the thing in question, because transit and roadwork are often contracted to private companies. Where a Nevada governmental entity is a defendant, NRS 41.036 provides for an administrative claim within two years of accrual and states in subsection 3 that the filing is not a condition precedent to suit, and NRS 41.035 limits the award on the tort claims it covers to $200,000 with no punitive damages. Neither provision follows every cause of action that touches a public place.

Nevada law at a glance for a pedestrian claim

| Issue | What Nevada law provides | | --- | --- | | Injury filing deadline | Generally 2 years from the date of the collision (NRS 11.190) | | Driver's general duty | Due care to avoid a collision with a pedestrian, including near transit stops and unmarked crosswalks (NRS 484B.280) | | Crosswalk right-of-way | Driver yields, slowing or stopping if needed (NRS 484B.283(1)(a)) | | Passing a stopped vehicle at a crosswalk | Prohibited until the driver determines it was not stopped for a pedestrian (NRS 484B.283(1)(c)) | | Crossing outside a crosswalk | Pedestrian yields; violation is a civil penalty of not more than $100, not a misdemeanor (NRS 484B.287) | | Fault rule | Modified comparative negligence, 51% bar (NRS 41.141) | | Minimum auto liability | $25,000 / $50,000 / $20,000 as statutory minimums only (NRS 485.3091) | | Covered claims against a Nevada public entity | Administrative claim within 2 years, which NRS 41.036(3) states is not a condition precedent to suit; $200,000 limit and no punitive damages on the tort claims NRS 41.035 covers. Whether a defendant is a public entity is a fact question |

This table is general information, not legal advice.

What to do after being struck as a pedestrian

1. Accept emergency care first. Nothing else on this list comes before that. Pedestrian injuries can be more serious than they feel at the scene, and the medical chart is what later ties the injury to the impact.
2. Make sure a report exists. Ask the responding agency how to obtain it.
3. Record the intersection details when you safely can, or ask someone to: signal type, crosswalk markings, the lane the vehicle came from, and whether it was turning.
4. Ask a companion to photograph the scene if you cannot, including the vehicle position and any camera-bearing buildings, and only from a safe place.
5. Think before answering a request for a recorded statement. You generally have no contractual obligation to the other driver's insurer, and many people decline until they have advice, because an early comment about what you "must have" done can be used to argue a higher fault percentage. Your own insurer is different: policies normally contain a cooperation clause, so check what yours requires rather than refusing outright. A subpoena or other legal process is different again and cannot be ignored.
6. Call Clark Law Group at 702-330-3272 during business hours, or request a callback, so footage requests can go out before the recordings cycle.

Who reviews injury work at this firm

C. Jared Clark, Esq. is the designated responsible attorney for Clark Law Group. He earned a Bachelor of Science from the University of Nevada, Las Vegas, and a Juris Doctor, cum laude, from Thomas Jefferson School of Law. He interned for the Honorable John A. Houston, U.S. District Judge for the Southern District of California, and for the San Diego Public Defender's office. He has lived in Nevada since 1988 and is a member of the State Bar of Nevada, the American Bar Association, and the Nevada Justice Association. Read more about the attorneys.

The office is at 2320 Potosi St, Las Vegas, NV 89146. Hours are Monday through Friday, 8:30 AM to 5 PM. A pedestrian collision is one kind of personal injury claim. If you were in a vehicle instead, start with the car accident page, and if the striking vehicle was a commercial truck, see the truck accident page.

Sources

• NRS 11.190 — periods of limitation, including the two-year period for injury actions
• NRS 41.141 — comparative negligence
• NRS 41.035 and NRS 41.036 — limit on damages in covered tort actions, and administrative claim filing
• NRS 484B.280, 484B.283 and 484B.287 — driver duties to pedestrians, crosswalk right-of-way and signals, and pedestrian duties outside a crosswalk
• NRS 485.3091 — minimum motor vehicle liability policy limits
• NRS 687B.145 — required offer of uninsured and underinsured motorist coverage
• NRCP 37(e) — failure to preserve electronically stored information

This page is attorney advertising and general information, not legal advice. Statutes and rules change, and how any of them apply depends on the facts. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes.