Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
A pedestrian accident can leave you seriously injured in a matter of seconds. Whether the crash happened in a crosswalk, a parking lot, or along the Las Vegas Strip, the steps you take afterward can affect both your recovery and your legal claim.
Your priority should always be getting medical care, but documenting the accident and protecting your rights are important as well. If you were hit by a driver, a Las Vegas pedestrian accident attorney can help you deal with the insurance company and pursue compensation for your injuries.
This guide explains what to do after a pedestrian accident, how Nevada’s right-of-way laws apply, and what you should know before filing an injury claim.
Your first priority is your safety and your health. If you are able, take these steps after the crash:
Keep in mind that some injuries, including concussions and soft-tissue injuries, may not appear right away. Getting medical attention promptly is important, even if you initially feel fine. Our guide on delayed injuries after a car accident explains what to watch for.
Nevada law requires drivers to yield to pedestrians in marked crosswalks and many unmarked crosswalks at intersections. Drivers must also use reasonable care to avoid hitting pedestrians, even when a pedestrian is not crossing a marked crosswalk.
Pedestrians also have responsibilities. Crossing outside a crosswalk, ignoring traffic signals, or stepping into the path of an approaching vehicle can affect who is at fault. Because Nevada follows a modified comparative negligence rule, both the driver’s and the pedestrian’s actions may be considered when determining compensation.
Las Vegas is one of the busiest pedestrian destinations in the country, and the Strip presents unique risks. Heavy foot traffic, busy intersections, and traffic at all hours of the day and night increase the likelihood of serious accidents.
Common factors include:
Because pedestrians have no physical protection, these accidents often result in serious injuries such as broken bones, head trauma, spinal cord injuries, and internal injuries. If a crash caused a spinal injury, our overview from a Las Vegas spinal cord injury lawyer describes what those claims involve.
A pedestrian injury claim usually runs against the at-fault driver’s insurance, the same way a car-to-car claim does. Nevada is an at-fault state, so the driver who caused the crash is responsible for your damages.
If a driver’s negligence caused your injuries, you can usually file a claim against their auto insurance. Nevada is an at-fault state, which means the driver responsible for the accident is generally responsible for your damages.
Nevada also follows a modified comparative negligence rule. You can still recover compensation as long as you are not more than 50% at fault, but your recovery is reduced by your share of the blame. Insurance companies often argue that a pedestrian crossed outside a crosswalk or failed to yield, making evidence crucial to the claim.
If the driver was uninsured or did not have enough coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may also apply, even though you were walking at the time.
Depending on your injuries, you may be able to recover compensation for medical expenses, lost wages, future treatment, pain and suffering, and other related losses. In most cases, Nevada gives injury victims two years to file a personal injury lawsuit.
Call 911, get medical attention, and move to safety if possible. Then gather the driver’s information, witness contacts, and photos of the scene.
No. Drivers must yield in many situations, but pedestrians must also obey traffic signals and yield when crossing outside a crosswalk.
Yes. Nevada’s comparative negligence law allows recovery if you are 50% or less at fault, though your compensation is reduced by your share of fault.
You may still have coverage through your uninsured/underinsured motorist (UM/UIM) policy, even though you were walking.
In most cases, Nevada gives you two years from the accident date to file a personal injury lawsuit.
If you or someone you love was hurt while walking, you should not have to face the driver’s insurance company alone while you are trying to heal. Gina Corena & Associates can investigate the crash, gather the evidence, and pursue the compensation you may be owed.
Call (702) 680-1111 anytime, day or night, for a free consultation in English or Spanish. You pay no fee unless we win your case. You can also reach us through our contact page to get started.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.