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Las Vegas is an impressive city that has a lot to offer the countless tourists who visit each year, as well as all of the locals who call the city home. It is a popular city, too, which means the streets are packed with vehicles as well as pedestrians. According to Nevada Traffic Safety Crash Facts, around 25% of all traffic deaths each year are pedestrians.
What Are the Pedestrian Laws in Las Vegas?
There is a mistaken belief that pedestrians always have the right of way. This belief could be the reason a pedestrian is hit by a car when they think they automatically have the right of way. It’s important to have a better idea of the Nevada pedestrian laws to help everyone stay safe whether you are walking or you are behind the wheel.
According to the law, pedestrians will usually have the right of way when they are in a crosswalk or at an intersection. However, pedestrians will not have the right of way if they dash out into the road in front of a vehicle without giving the driver time to stop the car or truck.
Additionally, if pedestrians are trying to get across the road, but there isn’t a marked intersection or crosswalk, they will have to yield to traffic. It is illegal for them to start walking across the street and to expect the oncoming traffic to stop for them. They must instead wait until there is a large enough gap that they can cross the street and remain safe.
Another feature of the law in Nevada is that whenever a pedestrian is crossing a highway that has a pedestrian tunnel or overhead crossing, they are required to yield the right of way to vehicles. These crossings and tunnels are usually out of the way of vehicles, and they can provide a safer area for pedestrians.
Those who are walking should always pay close attention to their surroundings, so they can anticipate any issues with vehicles. When crossing the street, even when at a crosswalk and it is deemed safe, it’s a good idea to make eye contact with drivers. This will help to increase safety.
Is the Driver Always Liable for Pedestrian Accidents in Las Vegas?
As you can glean from the way the laws are in Nevada, drivers are not always liable for accidents. Pedestrians can be at fault for the car accident if they aren’t following the law. Both drivers and pedestrians are supposed to be careful when they are on the road, so people stay safe. This is known as the duty of care. When this duty of care is not exercised, the responsible party, even the pedestrian, can be held liable.
When Is a Pedestrian Liable for an Accident in Nevada?
Pedestrians can do a range of things that can make them liable for accidents that take place in Las Vegas. Let’s look at a couple of them.
Throwing Items Into the Road
Although pedestrians might not worry about tossing trash and other items into the roadway, it can cause serious problems. They might create an obstruction for a driver, for example, which could cause an accident. A pedestrian can be held liable for throwing things onto the road.
Many pedestrians hit by a car are jaywalking. This means they are crossing the street without using an intersection or crosswalk. They hope it will save them some time, but it can put them on a dangerous path where they could be hit by a car. This is against the law in Las Vegas, and those who are found guilty could be fined.
Crossing the Street While Intoxicated
Alcohol flows freely in Las Vegas, and this means a lot of people are walking around while they are drunk. Drunk drivers can be held liable for their actions, and so can people who are walking while drunk. A common question is “what if a drunk pedestrian ran in front of my car?” This can and does happen. In most cases, they will be held liable.
Proving Liability After a Pedestrian Accident in Nevada
After the accident, liability needs to be proven to determine who is at fault for the accident. This is not always easy, but it can be made simpler when you hire a pedestrian accident lawyer in Las Vegas. Essentially, four elements need to be proved.
First, there is the duty of care. You have to prove that the other party owed you a duty of care or that they were expected to act reasonably. Second, you need to show that the party breached their duty of care with their actions. This could be running in front of your vehicle if you were the driver. It could be running a light if you are a pedestrian.
Third, you need to show that the action of the other party, or their failure to act, caused the accident to occur. Finally, you need to show that you suffered damages that can be restored through compensation in your personal injury lawsuit.
As you can see, there is quite a bit to these types of cases. Even if you feel you know the Nevada pedestrian laws well, you will never want to try to go into one of these cases on your own. This is true even if you think there’s no way you could lose.
How Can a Pedestrian Accident Lawyer in Las Vegas
Have you been injured in an accident? Were you a pedestrian who was struck by a vehicle and you believe you aren’t at fault? Were you a driver who got into an accident because of the negligence or recklessness of a pedestrian? Regardless, you want to make sure an experienced Las Vegas pedestrian accident lawyer properly represents you.
Temple Injury Law can help you with your case. The attorneys have experience with these types of cases and can handle all of the hard work for you. It’s time for you to recover from the accident. Contact us today to see how we can help.
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