Skip to main content
A peaceful walk should never end in an emergency room. Yet across Nevada, distracted or careless drivers cause hundreds of pedestrian injuries each year. Learning the rules for proving driver negligence in a pedestrian accident is crucial to protecting your rights and securing the full compensation you deserve.
At High Stakes Injury Law, our team helps injured pedestrians hold drivers and insurers accountable. Founded by Scott Poisson, who has represented accident victims since 1993 in Nevada, Arizona, New Mexico, and Florida, the firm focuses exclusively on personal-injury law and client recovery.
Pedestrian Accident Claim: Key Takeaways
- Nevada’s right-of-way laws give pedestrians strong legal protection.
- Evidence, such as witness accounts, photos, and video footage, can help prove negligence.
- Comparative-fault rules allow recovery even when blame is shared between parties.
What Usually Causes Pedestrian Accidents in Nevada?
According to the National Highway Traffic Safety Administration (NHTSA), 7,314 pedestrians were killed and more than 68,000 were injured nationwide in 2023. Las Vegas and Reno rank among the state’s most dangerous areas for walkers.
Frequent causes include:
- Speeding or aggressive driving
- Texting or other distractions behind the wheel
- Failing to yield at crosswalks
- Driving under the influence of alcohol or drugs
- Poor lighting or obstructed visibility
Even at low speeds, these collisions can lead to traumatic brain or spinal injuries. Drivers must stay alert at all times; when they fail to do so, the law allows victims to hold them accountable.
Understanding the Traffic Laws That Protect Pedestrians
Nevada statutes prioritize pedestrian safety. Under NRS 484B.283, drivers must yield to pedestrians in both marked and unmarked crosswalks. A violation of this law constitutes negligence per se, meaning the act itself serves as prima facie evidence of negligence.
Pedestrians must still obey traffic signals, but vehicles always carry a heavier duty of care due to the potential for serious harm. These rules form the foundation of any pedestrian-accident claim.
Gathering the Right Evidence to Prove Negligence
Strong, well-documented evidence is the backbone of every successful pedestrian injury case. An attorney will help collect and secure items such as:
- Police reports and witness statements
- Photos or surveillance footage from nearby businesses or traffic cameras
- Vehicle data recorders (“black boxes”) showing speed and braking
- Medical records and expert evaluations
A knowledgeable pedestrian injury lawyer may also reference data from the Nevada Department of Transportation (NDOT) to show patterns of unsafe intersections. Quick evidence collection preserves credibility and prevents insurers from disputing liability later.
How Comparative Negligence Affects Your Claim
Not every crash is entirely one person’s fault. Nevada follows a modified comparative negligence rule, as outlined in NRS 41.141.
If a pedestrian is partly at fault for an instance of crossing mid-block, their compensation is reduced by their percentage of fault. Suppose a jury awards $100,000 but finds the pedestrian 20 percent at fault; the recovery becomes $80,000. However, if the pedestrian is more than 50 percent responsible, no compensation is allowed.
An experienced attorney can challenge unfair blame and highlight the driver’s greater negligence using witness and forensic evidence.
When a Pedestrian Accident Turns Fatal
Sadly, some pedestrian collisions result in wrongful death. Under NRS 41.085, surviving spouses, children, or parents may file a wrongful-death claim for damages such as:
- Funeral and burial expenses
- Loss of financial support and benefits
- Emotional pain and suffering
- Loss of companionship and care
A compassionate lawyer handles every detail, from investigation to negotiation, allowing families to grieve without added stress.
How Lawyers Strengthen Pedestrian Accident Cases
Winning compensation requires proving three key elements:
- Duty of Care: The driver had a legal duty to operate safely.
- Breach of Duty: That duty was violated through negligent action.
- Causation and Damages: The breach directly caused injury or death.
Attorneys gather expert testimony, medical evaluations, and digital evidence such as phone records or GPS data. These materials can be used to establish distracted driving or excessive speed. A lawyer also handles all communications with insurers, ensuring that victims are not pressured into accepting low settlements.
Why Expert Witnesses and Crash Reconstruction Matter
Expert analysis can turn a disputed claim into a proven case.
- Accident reconstruction specialists determine speed, distance, and line of sight.
- Medical experts explain long-term rehabilitation needs.
- Economic analysts calculate lost wages and future care costs.
The Federal Highway Administration (FHWA) reports that improved road design, lighting, and crosswalks dramatically reduce pedestrian crashes. Such findings often appear in courtroom testimony to demonstrate how truly preventable negligence was.
Recovering Maximum Compensation for Your Injuries
Pedestrian accidents often result in life-altering trauma and broken bones, traumatic brain injury, or permanent disability. Victims may require long-term therapy and face severe financial burdens.
Recoverable damages typically include:
- Present and future medical expenses
- Lost income or reduced earning capacity
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
Your attorney calculates every loss to ensure settlements cover both economic and non-economic damages.
Steps to Take After a Pedestrian Accident
- Get medical attention immediately, even if injuries seem minor.
- Call the police and obtain a formal report.
- Document the scene with photos and witness contacts.
- Avoid discussing fault or posting on social media.
- Contact a qualified lawyer as soon as possible.
Prompt action improves your case strength and ensures compliance with Nevada’s two-year statute of limitations for personal-injury claims.
Speak With a Nevada Pedestrian Injury Lawyer Today
If a negligent driver injured you or a loved one, don’t face insurers alone. Our team at High Stakes Injury Law assists victims across Nevada in obtaining justice and full compensation.
Contact us by phone or visit our Contact Page to schedule your complimentary consultation. You pay no fees unless we win.
Proving Driver Negligence in a Pedestrian Accident: Bottom Line
Establishing driver fault takes quick evidence collection, expert support, and legal skill. Nevada law gives pedestrians strong rights, but insurance companies rarely pay fairly without pressure. Working with a seasoned advocate ensures that every aspect of negligence, including distracted driving, is thoroughly investigated and compensated.
Proving Driver Negligence in a Pedestrian Accident: FAQ
Pedestrian accident victims often share the same concerns after a crash. Below are clear answers to the most common questions.
Q1: What should I do right after a pedestrian accident?
Get medical help, call the police, and gather photos, witness names, and the driver’s insurance information.
Q2: Can I still recover compensation if I was partly at fault?
Yes. As long as you’re less than 51 percent responsible, Nevada’s comparative-fault law allows recovery.
Q3: What evidence is most useful?
Police reports, traffic-camera video, medical records, and expert opinions carry the most weight.
Q4: How long do I have to file a claim?
You generally have two years from the accident date to file a personal-injury lawsuit in Nevada.
Q5: Why hire a pedestrian injury lawyer?
An attorney builds a complete case, negotiates assertively, and protects you from insurer tactics that undervalue your claim.
About High Stakes Injury Law
Learn more about High Stakes Injury Law, a Nevada-based firm devoted solely to personal-injury representation. Founded by Scott Poisson, who has represented accident victims since 1993 across Nevada, Arizona, New Mexico, and Florida. The firm blends years of trial experience with compassionate, client-first service; the team’s mission: to restore financial stability and peace of mind for Nevada injury victims.