You were hit by a speeding car while crossing the street in Las Vegas, and now the driver says you’re to blame. Isn’t the pedestrian always the victim when struck by a vehicle?
The truth is that when a vehicle hits a person, the vehicle has the power to inflict massive injuries. Flesh and bone are never a match for thousands of pounds of barreling steel. But this does not mean that the vehicle driver is always legally at fault.
A pedestrian may be at fault for various reasons including (but not limited to):
- Jaywalking (walking when not authorized by a traffic control signal, crossing outside of a crosswalk, etc.)
- Crossing an intersection diagonally (unless authorized by a signal)
- Walking on a road that is prohibited for pedestrians
- Stepping onto a road without looking
- Darting in front of a car without giving the driver adequate time to stop
- Not dressing to be seen (such as wearing dark clothing at night)
- Walking on the road while intoxicated
- Attempting to distract a driver
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What if the Driver Was Violating the Law, Too?
It is not unusual to have a shared fault scenario where both the pedestrian and driver bear some responsibility for the collision.
Examples include:
- The pedestrian is crossing the street illegally but does not see any oncoming traffic. Meanwhile, a car seems to materialize out of nowhere far exceeding the speed limit.
- A car hits a pedestrian in a crosswalk at night but argues it was difficult to see the pedestrian because they were clothed entirely in black.
- A person drops their smartphone on the road and runs onto the street to recover it. They do not see the approaching car because the car does not have its lights on.
These cases can be challenging to prosecute because both parties were doing something wrong, but an experienced car accident attorney can help injured pedestrians navigate the complexities of Nevada law.
Nevada has a “modified comparative negligence” system. This means that when both parties are negligent, the victim can receive a measure of compensation as long as they are less at fault than the defendant.
For example, if it’s determined that a pedestrian bears 50% of the fault for the accident, they can receive 50% of the damages. So if the injury damages totaled $100,000, they could receive $50,000.
However, if it’s determined that the pedestrian bears 51% of the fault for the accident, they will not receive any compensation because they bear more fault than the other party.
How Do I Prove That the Driver Was at Fault?
A strong case starts with strong evidence. Pictures from the accident scene, witness testimonies, camera recordings (if traffic or business cameras captured the accident), the police report, and skid marks can all help reconstruct the accident and establish fault. That’s why it’s a good idea to get an accident attorney involved right away. They can gather the most compelling evidence while it is still available (and details of the accident are still fresh on everyone’s mind).
Could the Pedestrian Have to Pay for Damages?
Though it’s usually the other way around, it’s possible for cars to be damaged and drivers/passengers to be injured due to a pedestrian’s negligence. For example, let’s say a pedestrian steps into traffic, causing a driver to veer into another car to avoid hitting the pedestrian. Both drivers could potentially sue the pedestrian for damages.
How Much Money Do Pedestrians Typically Win with Car Crash Claims?
Your award will be determined by several factors, including:
- How serious your injuries are
- Your medical expenses (both past and future)
- Lost wages (both past and future)
- Pain and suffering (non-economic losses related to physical and mental pain)
Too many pedestrians are injured or killed in the greater Las Vegas area. It’s a busy and distracting city with plenty of drivers and foot traffic, and the two don’t always mix well. If you were injured as a pedestrian, contact our Las Vegas accident injury attorneys. Even if the driver says you were at fault, you may still be eligible for compensation.
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