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 essential to have a better understanding of Nevada pedestrian laws to help everyone stay safe, whether you are walking or driving.
1. Crosswalks & Right-of-Way
- All intersections, whether marked or not, are considered crosswalks under NRS 484A.065.
- Pedestrians have the right-of-way when they are in a marked or unmarked crosswalk, even if the crosswalk isn’t visibly painted.
- However, pedestrians cannot suddenly dash into traffic when a vehicle is so close that it cannot yield.
- If a pedestrian is already in a crosswalk when the “Don’t Walk” signal appears, they may still complete crossing, but those just starting must wait.
2. Pedestrian Obligations
- Must use a sidewalk when available. If none, they should walk on the left side of the road facing traffic.
- Must use the nearest crosswalk, pedestrian bridge, or tunnel, and obey any traffic-control devices.
- Pedestrians should stay on the right half of the crosswalk when practicable.
- Diagonal pedestrian crossings are only allowed if the intersection is specifically designed to accommodate them.
- Outside crosswalks, pedestrians must yield to vehicles, as cars have the right of way in those situations.
- In Las Vegas, crossing only at right angles or by the shortest straight route, and using crosswalks in business districts or signal-controlled intersections, is mandatory per municipal code.
3. Driver Responsibilities
- Must exercise due care to avoid colliding with pedestrians at all times.
- Must yield to pedestrians in both marked and unmarked crosswalks (including implied ones at intersections).
- Must yield at all times to visually impaired pedestrians using a white cane or service animal.
- Must stop or slow when passing a stopped vehicle to check if it’s yielding to a pedestrian.
- In designated Pedestrian Safety Zones, violations may result in double penalties, including fines of up to $1,000, up to 120 hours of community service, and/or a 6-month jail term.
If you’re planning to walk around Las Vegas, especially near the Strip, being attentive to these rules is crucial for both your safety and compliance with the law.
Is the Driver Always Liable for Pedestrian Accidents in Las Vegas?
Many people assume that a driver is always at fault when a pedestrian accident occurs. While drivers have a duty to follow traffic laws, respect official traffic control devices, and yield the right of way at designated crosswalks, liability is not automatic in every case. Nevada’s rules recognize that both drivers and pedestrians share responsibility for pedestrian safety.
- When drivers are liable: A driver may be held at fault if they ignore traffic signals, run a stop sign, speed through school zones, or cause a crosswalk collision by failing to yield. Driving under the influence of alcohol or a narcotic or stupefying drug also creates clear liability.
- When pedestrians share fault: A pedestrian may be considered partly responsible if they cross outside a marked crosswalk or unmarked crosswalk, enter the street against pedestrian signals, or run into oncoming traffic from behind such an obstruction like a parked car. Nevada law does not excuse such crossing movements when they are unsafe.
- Comparative negligence: Nevada follows a comparative negligence rule. This means that a pedestrian can still recover damages in a personal injury claim or lawsuit, as long as they are less than 50% at fault. The amount of recovery may be reduced by their share of responsibility.
- Police reports and investigation: Liability often depends on the accident scene, witness statements, and the police report. These details show whether a driver or a pedestrian violated Nevada’s pedestrian laws.
If you were involved in a pedestrian accident and are unsure about liability, Temple Injury Law can review your case and explain your legal recourse. Our law firm works to make sure injured pedestrians understand their rights and can pursue fair compensation through legal claims.
When Is a Pedestrian Liable for an Accident in Nevada?
There are various actions pedestrians can take that might make them responsible for accidents in Las Vegas. Let’s explore a couple of examples.
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.
Jaywalking
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.
Marked and Unmarked Crosswalks in Las Vegas
One area where confusion often arises is the difference between a marked crosswalk and an unmarked crosswalk. A marked crosswalk is painted with white lines and is clearly visible to drivers and pedestrians. They are often found at cross streets, school zones, and adjacent intersections where pedestrian traffic is high.
An unmarked crosswalk, also known as an implied crosswalk, is present at nearly every intersection, even if no paint is visible to indicate its presence. Nevada law recognizes both types and gives pedestrians the right of way in these spaces. If a driver strikes such a person in an unmarked crosswalk, the fact that paint was missing does not excuse liability.
Unfortunately, many crosswalk accidents occur when drivers assume they only need to stop at marked areas. These mistakes lead to serious crosswalk collisions, leaving injured pedestrians with hospital stays, medical bills, and long recoveries.
Because Nevada’s pedestrian laws cover both situations, drivers must always remain alert. Ignoring the presence of an unmarked crosswalk is not a defense in court. When violations occur, a personal injury lawsuit may be the only means for victims to seek compensation and hold perpetrators accountable.
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 simpler when hiring 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. If you were the driver, this could run in front of your vehicle. If you are a pedestrian, it could be running a light.
- Third, you need to show that the action of the other party, or their failure to act, caused the accident. Finally, you must 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 know the Nevada pedestrian laws well, you will want to avoid going into one of these cases alone, even if you think you cannot lose.
How Can a Las Vegas Accident Attorney Help Victims of Pedestrian Traffic Accidents
A Las Vegas accident attorney offers crucial support to pedestrians involved in traffic accidents in the following ways:
- Legal Representation: They act as the victim’s advocate in legal matters, handling negotiations with insurance companies and representing them in court if needed.
- Investigation: Attorneys conduct thorough investigations, gathering evidence like witness accounts, surveillance footage, and professional opinions to determine who is liable for the accident.
- Determining Liability: They assess the situations to identify the responsible party, which could be the driver, property owner, municipality, or another entity.
- Calculating Damages: Attorneys accurately assess the full extent of damages, including medical bills, lost income, and emotional suffering, to ensure fair compensation.
- Negotiating Settlements: Experienced attorneys negotiate with insurance companies to secure fair settlements for their clients.
Preventing Pedestrian Collisions in Las Vegas
Preventing pedestrian accidents in Las Vegas requires responsibility from both drivers and walkers. While the city has invested in structures like overhead crossings and pedestrian tunnels, safety still depends on everyday decisions made on the road. These steps help reduce pedestrian deaths and improve safety for everyone.
- Use designated areas: Pedestrians should always use designated crosswalks, pedestrian tunnels, and overhead crossings where available to avoid oncoming traffic.
- Follow pedestrian signals: Obeying pedestrian signals, such as the walking person symbol, ensures that walkers cross only when it is safe to do so.
- Wear reflective clothing: At night, pedestrians should wear bright or reflective clothing to stay visible to drivers.
- Avoid distractions: Pedestrians should refrain from using phones or headphones and instead maintain awareness, making eye contact with drivers before crossing the street.
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.At Temple Injury Law, our 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. Call us at (702) 487-4999 to see how we can help.