Las Vegas, NV (December 10th, 2024) – A pedestrian suffered injuries to her head and leg when she was hit by a car at the intersection of Boulder Highway and South Nellis Boulevard in Las Vegas Tuesday evening. She was alert when taken to a local hospital, but her condition is unknown.
When she was struck by the car, the pedestrian was crossing outside a designated crosswalk. The investigation was ongoing at last report; however, law enforcement do not currently suspect intoxication or speed played a role in the crash.
Is the Driver Always at Fault if They Hit a Pedestrian?
It may seem that the fault for pedestrian accidents should always rest with the driver involved. However, that is not always the case. Sometimes, the actions of pedestrians themselves contribute to them getting hit by motor vehicles. In such situations, they may share all or some of the fault for the accident. Some circumstances in which a pedestrian may bear fault include:
- Jaywalking: Crossing the street outside a designated crosswalk can significantly increase the risk of an accident
- Disregarding Traffic Signals: Ignoring the traffic signals, including crossing against a red light, can contribute to serious accidents
- Darting into Traffic: Suddenly running into the street without checking for oncoming traffic can contribute to pedestrians getting struck by vehicles
- Distracted Walking: Using a cell phone or other engaging in other distracting behaviors while crossing the street can impair a pedestrian’s awareness and judgment
If a pedestrian’s actions contribute to getting hit by a car in Las Vegas, it may impact their ability to recover damages due to Nevada’s modified comparative negligence laws.
What Is Comparative Negligence and Will It Affect My Case?
Comparative negligence is a legal doctrine that may affect the recovery of damages in some pedestrian accident cases. Under the Nevada law, pedestrians can still recover damages, as long as their fault is not greater than 50%.
The court will conduct a fault assessment, assigning a percentage of fault for both the driver and the pedestrian. Pedestrians found partially at fault will be awarded damages reduced in proportion to their percentage of fault.
To determine fault, the court will consider numerous factors. It will look at the driver’s actions – were they distracted or driving under the influence? The court will also take into account the actions of the pedestrian. Was the pedestrian jaywalking? Crossing against a signal? Based on its findings, the court will assign a percentage of fault to each involved party.
Can I Get Compensation If I was Hit While Walking Outside a Crosswalk?
In some cases, yes. Even pedestrians struck by vehicles while not in a crosswalk may still be able to recover damages from drivers if they were negligent. To be found negligent, the drivers must have failed to act reasonably under the circumstances, resulting in injuries. Some of the factors that may go into determining if a driver was negligent in a pedestrian accident include:
- The driver’s speed
- The driver’s visibility
- The driver’s actions
- The pedestrian’s actions
An experienced Las Vegas pedestrian accident lawyer can help those injured in such incidents understand their options and determine if the involved driver was at fault.
What If There Was No Crosswalk Available?
If there was no crosswalk available, it may aid in injured pedestrians’ pursuit of damages. Even if they are not in a crosswalk, drivers still have a duty to exercise reasonable care to avoid hitting pedestrians. As such, they should be aware of their surroundings, and be prepared to stop or slow down in order to avoid hitting someone walking or crossing the road.
How Much Time Do I Have to File A Claim If I’m Hit While Crossing the Street in Las Vegas?
Those injured in Las Vegas pedestrian accidents must generally file within an allowed timeframe to pursue compensation for their losses. With few exceptions, the statute of limitations for filing a personal injury lawsuit in Nevada is two years from the date of the accident.
Missing the deadline for the Nevada personal injury process will result in pedestrians losing their right to sue for damages. As such, they may not have the opportunity to recover compensation for losses, including medical bills, lost wages, and pain and suffering.
Since 1985, our attorney at George Bochanis Law Offices has represented clients like you, injured due to the negligence of others. We have more than 30 years of experience, and our personal injury lawyer, George Bochanis, has handled more than 50 trials, successfully recovering millions of dollars on behalf of our clients. To discuss your case, contact us today at 702-388-2005.
