Las Vegas Pedestrian Accident Attorneys

Nevada Pedestrian Right-of-Way Laws

How Fault Is Shared: Nevada’s Comparative Negligence Rule

Nevada uses a modified comparative negligence rule, so partial fault reduces your recovery but does not erase it, up to a point. Under NRS 41.141, you can recover as long as your share of fault is not greater than the driver’s, meaning 50 percent or less. Your award is then reduced by your percentage. If you are found 51 percent or more at fault, you recover nothing.

This is exactly where insurers focus their energy in pedestrian cases. Because every percentage point they pin on you cuts what they pay, they look for any angle to raise your share of the blame:

• That you were jaywalking or crossing outside a crosswalk;
• That you were wearing dark clothing at night;
• That you were distracted, on your phone, or wearing headphones;
• That you had been drinking.

The arithmetic matters. On a $200,000 claim, shifting 25 percent of the fault onto you saves the insurer $50,000. That is why the right-of-way facts, the physical evidence, and witness and video accounts are worth fighting over, and why an early, thorough investigation protects your recovery. Our guide to Nevada comparative negligence explains how this plays out in practice.

Being blamed for your own injury? Call (702) 862-8200 for a free case review.

Pedestrian Accidents on the Strip and Fremont Street

The Strip and Fremont Street pack enormous foot traffic together with heavy vehicle traffic, much of it driven by visitors who do not know the corridor. That mix is what makes these areas some of the most dangerous places to walk in the valley, and it shapes how these cases are handled.

Several conditions come up again and again:

• Mid-block crossings. Signals on Las Vegas Boulevard can be far apart, and people cross mid-block rather than walk to the next light.
• Pedestrian bridges. The elevated bridges at major Strip intersections exist to separate people from traffic. Where one is provided, crossing at street level changes the right-of-way analysis under NRS 484B.287.
• Resort driveways and porte-cocheres. Valet lanes, rideshare pickup zones, and parking-garage exits create constant conflict points between walkers and vehicles.
• Unfamiliar and sometimes impaired pedestrians and drivers moving through a crowded, distracting environment.

One local fact changes the whole analysis: many Strip incidents happen on private resort property, in a porte-cochere, driveway, garage, or lot, rather than on a public street. When that is the case, the claim may involve more than the driver. 

The resort’s responsibility for safe design, lighting, traffic control, and security can come into play, which means additional potentially liable parties and different insurance. Knowing whether your crash happened on public or private property is one of the first things we sort out.

Hit-and-Run Pedestrian Accidents

A large share of pedestrian crashes involve a driver who flees, which leaves victims wondering how they can possibly recover. You often still can. If the driver is never identified or turns out to be uninsured, the uninsured motorist (UM) coverage on your own auto policy is usually the path to compensation, and it protects you when you are on foot, not just when you are behind the wheel.

After a hit-and-run, report it to police right away, because a police report is important to a UM claim, and try to preserve witness information. On the Strip in particular, surveillance and traffic cameras are everywhere, and that footage can identify a fleeing driver or support a UM claim. For more on these situations, see our pages on Las Vegas hit-and-run accidents and uninsured and underinsured motorist claims.

Damages After a Pedestrian Accident

A person on foot has nothing between them and a vehicle that weighs thousands of pounds, so pedestrian injuries tend to be serious: traumatic brain injuries, spinal cord injuries, internal injuries, broken bones, and crush or amputation injuries are common, and many leave lasting effects.

If another party is at fault, you can pursue the full range of your losses, including current and future medical care, lost wages and reduced earning capacity, pain and suffering, and diminished quality of life. Nevada only requires drivers to carry $25,000 in bodily injury coverage per person, which is often nowhere near enough for a catastrophic pedestrian injury, and that gap is another reason your own UM coverage and every other available policy have to be identified early.

When a pedestrian crash is fatal, the family may bring a Nevada wrongful death claim for their own losses and for what their loved one endured. These are difficult cases, and we handle them with care.

What to Do After a Pedestrian Accident in Las Vegas

What you do in the hours and days after being hit can protect both your health and your claim. As soon as you are able:

• Get medical care, even if you feel alright. Serious injuries like concussions and internal bleeding are not always obvious at first, and a gap in treatment is something insurers use against you.
• Call the police and make sure a report is created, especially if the driver fled.
• Get the names and numbers of witnesses, and note nearby businesses or resorts whose cameras may have captured the crash.
• Photograph the scene, your injuries, and the location, including any crosswalk, signal, or pedestrian bridge.
• Be careful about giving a recorded statement or accepting a quick settlement before you understand what your claim is worth.
• Talk to a lawyer before the evidence, especially surveillance video, disappears.

Why Choose Henness & Haight for Your Pedestrian Accident Claim

• We know Nevada’s right-of-way and comparative-negligence rules, and we use them to fight back when an insurer tries to blame you for crossing outside a crosswalk.
• We move fast to pull traffic and surveillance video before it is overwritten, which is often the deciding evidence in a Strip or Fremont Street case.
• We identify every source of recovery, including your own UM coverage when the driver is uninsured or fled the scene.
• Your consultation is free, we work on a contingency fee basis, and we are reachable 24/7.

How Our Las Vegas Pedestrian Accident Attorneys Can Help

Few things are more traumatic than being struck while walking, especially when the injuries are life-changing and an insurer is already trying to blame you. We investigate the crash, pull traffic and surveillance video, identify every responsible party and available policy, work with medical and reconstruction experts, and push back hard on inflated fault arguments. You focus on healing; we handle the case.