Being hit by a car as a pedestrian in Nevada is a life-changing experience, leading to serious injuries, emotional distress, and financial hardship. But who is responsible for the accident? Many assume that the driver is always at fault, but that’s not always the case. Sometimes, the pedestrian’s actions or even a third party, such as a municipality or another driver, may have contributed to the crash.

At High Stakes Injury Law, we have years of experience handling pedestrian accident cases in Las Vegas, and the Nevada area. We understand how to build a strong claim for injured victims. If you were involved in a Nevada pedestrian accident, knowing how fault is determined can help you better understand your legal options.

This blog will break down who could be at fault when a car hits a pedestrian, how negligence is proven, what damages may be available, and why legal representation from a Las Vegas pedestrian accident lawyer can be crucial in these cases.

Who is at Fault When a Car Hits a Pedestrian in Nevada?

Several parties could be liable in a pedestrian accident case:

The Driver

A driver is often at fault when they:

• Speed through an intersection or crosswalk
• Drive distracted (texting, eating, adjusting GPS, etc.)
• Fail to yield to pedestrians at marked or unmarked crosswalks
• Drive under the influence of drugs or alcohol
• Ignore traffic signals or run red lights

If a driver engaged in any of these behaviors before hitting a pedestrian, they could be held legally responsible.

The Pedestrian

Pedestrians also have a duty to follow traffic laws and exercise reasonable care. They may be found partially or fully at fault if they:

• Jaywalk or cross outside of designated areas
• Ignore traffic signals, such as crossing when the pedestrian light is red
• Walk into the street while distracted by a phone or other device
• Step into traffic unexpectedly, giving drivers no time to react

Just because a pedestrian is more vulnerable doesn’t automatically mean they’re blameless in an accident.

A Third Party (City, Business, or Another Driver)

Sometimes, a third party may be responsible for a pedestrian accident. Examples include:

• Municipalities or road authorities failing to maintain crosswalks, sidewalks, or traffic signals
• Construction companies leaving debris or obstructions that create unsafe conditions
• Other drivers whose reckless behavior forces a vehicle into a pedestrian

Determining liability in these cases can be complex, which is why seeking help from a Las Vegas High Stakes pedestrian accident lawyer can help you investigate the accident and prove who was at fault.

How to Prove Negligence in a Nevada Pedestrian Accident

To recover compensation, you must prove that another party acted negligently and caused your injuries. This requires establishing four key elements:

• The Other Party Owed You a Duty of Care

Drivers, pedestrians, and even municipalities have a legal obligation to act reasonably and ensure the safety of others. For example, the Centers for Disease Control and Prevention (CDC) states that nearly half of all pedestrian accidents involve alcohol. If a driver was intoxicated at the time of the crash, they failed in their duty of care.

• The Duty of Care Was Breached

This means the responsible party acted recklessly or carelessly. Some examples include a driver who runs a red light or a pedestrian who crosses outside of a designated crosswalk; both have violated their duty of care.

• The Breach Caused Your Accident

You must show a direct link between the negligent action and the accident. Evidence to support this may include:

• Accident reports from law enforcement
• Eyewitness testimonies
• Traffic camera or surveillance footage
• Cell phone records (to prove distracted driving)
• Your testimony
• Expert medical witnesses that can attest to how you were likely injured
• The vehicle operator’s driving record (if you were the pedestrian)

•  You Suffered Damages

To pursue compensation, you must demonstrate that the accident led to financial, physical, or emotional harm.

Why Having an Experienced Pedestrian Accident Lawyer from High Stakes Matters

Dealing with Nevada insurance companies after a pedestrian accident can be frustrating. Insurance adjusters may try to minimize your claim or shift blame onto you to reduce their payout. Having an accomplished Las Vegas pedestrian accident lawyer from High Stakes on your side can help level the playing field.

At High Stakes Injury Law, we handle every aspect of your claim, including:

• Investigating the accident and gathering evidence
• Communicating with insurance companies on your behalf
• Calculating the full value of your damages
• Filing claims and handling all legal paperwork
• Negotiating settlements or taking your case to court if needed

You don’t have to navigate this process alone, our team of Nevada personal injury lawyers are here to fight for the compensation you deserve.

What Types of Compensation Could You Receive?

Depending on how the accident in Nevada affected you, you could be eligible for past and future compensatory damages including:

Economic Damages

These cover direct financial losses, such as:

• Medical expenses (emergency care, surgeries, rehabilitation)
• Lost wages if you’re unable to work
• Property damage (such as personal belongings damaged in the crash)

Non-Economic Damages

These address the personal impact of the accident, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

If the accident resulted in a wrongful death, surviving family members may also seek compensation for:

• Funeral and burial costs
• Loss of companionship
• The deceased’s medical expenses before passing

Our team of Las Vegas wrongful death lawyers could help you seek justice for your pain and your losses in this circumstance. Financial compensation may not be enough to heal your pain, but an award can lessen your stress.

What is Nevada’s Filing Deadline for a Pedestrian Accident Lawsuit? 

According to NRS §11.190(4)(e), you have two years from the date of the accident to file a personal injury or wrongful death lawsuit in Nevada. If you miss this deadline, you could lose your right to seek compensation.

Contact the Las Vegas Personal Injury Lawyers at High Stakes Todat 

If you or a loved one was injured in a pedestrian accident in Las Vegas, our team is ready to help. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Call us at (702) 605-6671 for a free consultation or visit our website to schedule an appointment.

Let us handle the legal work so you focus on healing.