Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Accidents involving pedestrians are among the most distressing and legally complex situations a driver can face. The aftermath can be overwhelming, leaving both the driver and the pedestrian dealing with physical, emotional, and financial consequences. If you hit a pedestrian with your car in Nevada, you need to understand how fault is determined, what legal steps to take, and what consequences you may face.
Whether the pedestrian was jaywalking, crossing at an intersection, or walking along a highway, Nevada’s comparative negligence laws play an essential role in determining liability. This guide breaks down everything you need to know about what happens after a pedestrian accident, how fault is assigned, and what legal actions you should consider.
Pedestrian accidents are alarmingly common in Nevada, particularly in high-traffic urban areas like Las Vegas. These incidents are becoming more frequent, even as overall car traffic has decreased in recent years.
According to recent data, pedestrian fatalities have increased by 4.7% nationwide, even though fewer people are driving. Nevada ranks 8th in the nation for pedestrian deaths, highlighting the severity of the issue.
“More than 7,485 pedestrians were killed in motor vehicle accidents last year. On average, 18 people die every day in pedestrian-related crashes.”
Several factors contribute to the high number of pedestrian accidents in Nevada:
Las Vegas, in particular, is a hotspot for pedestrian accidents. One of the most dangerous areas is Boulder Highway, which alone accounts for nearly 10% of all pedestrian fatalities in the state.
Determining fault in pedestrian accidents is not always straightforward. Many assume the driver is always at fault, but Nevada follows a comparative negligence system, which means both the driver and pedestrian can share liability.
A driver is considered at fault if they:
Pedestrians are not always innocent in these accidents. Under Nevada law, a pedestrian may be at fault if they:
“Under Nevada’s comparative negligence law (NRS 41.141), an injured pedestrian can recover damages only if they are less than 50% responsible for the accident.”
If a pedestrian is found partially responsible, their compensation may be reduced based on the percentage of their fault.
Hitting a pedestrian is a serious accident that requires a calm and responsible response. Taking the proper steps can help protect the injured person and prevent legal complications for yourself.
Leaving the scene or failing to call for help can escalate the situation and lead to criminal charges against you.
The penalties for hitting a pedestrian depend on the circumstances of the accident.
Violation | Legal Consequences | Estimated Penalty |
Failure to yield | Traffic ticket | $200 – $500 fine |
Speeding in a pedestrian zone | Misdemeanor offense | Up to $1,000 fine |
Reckless driving causing injury | Criminal charge | License suspension, fines, jail time |
DUI-related pedestrian accident | Felony charge | Up to $5,000 fine, possible prison sentence |
Hit-and-run accident | Felony charge | Severe fines, jail time |
If you hit a pedestrian, stay at the scene, call 911 immediately, and check for injuries. Please do not attempt to move the injured person unless they are in immediate danger. Provide your information to law enforcement and avoid making statements about the accident until you consult an attorney.
Yes. Pedestrians can be partially or fully responsible if they jaywalk, cross against traffic signals, or step into traffic without warning. Nevada’s comparative negligence law means that fault is divided based on each party’s actions.
Most auto insurance policies cover pedestrian accidents, but the extent of coverage depends on fault and policy limits. If the pedestrian was at fault, they may have limited options for compensation, but insurance companies will still investigate claims carefully.
Leaving the scene is a hit-and-run offense, which can lead to criminal charges, heavy fines, and possible jail time. Always remain at the scene and cooperate with law enforcement.
An experienced pedestrian accident attorney can help defend you against wrongful claims, negotiate with insurance companies, and ensure your legal rights are protected. If you’re a pedestrian seeking compensation, a lawyer can help maximize your settlement.
Pedestrian accidents can be devastating, leaving both drivers and pedestrians facing serious legal, financial, and emotional consequences. These accidents often result in severe injuries, medical bills, and complicated liability disputes. Whether you were the driver or the pedestrian, knowing your rights under Nevada law is essential for protecting yourself and making informed decisions.
One of the most important things to understand is Nevada’s comparative negligence law. Many people assume that the driver is always at fault when a pedestrian is hit, but that isn’t necessarily true. Pedestrians can also be held responsible if they jaywalk, cross outside of designated areas, or step into traffic unexpectedly. On the other hand, drivers must remain vigilant and cautious, especially in high-traffic pedestrian zones. Understanding how fault is determined is key to avoiding unnecessary legal consequences and ensuring a fair resolution.
If you have been involved in a pedestrian accident, taking the proper steps immediately after the incident can make a huge difference in how your case is handled. Whether you are dealing with insurance claims, potential lawsuits, or criminal charges, having strong legal representation can help you. Failing to take action or speaking to insurance companies without legal counsel could cost you thousands of dollars in damages—or worse, lead to criminal penalties.
At Gina Corena & Associates, we understand that pedestrian accidents are often overwhelming and confusing. Our firm specializes in Nevada personal injury law, and we have a proven track record of helping clients achieve the best possible outcomes in pedestrian accident cases. We can assess your case, gather crucial evidence, negotiate with insurance companies, and fight for your rights in court. Whether you need help proving liability, securing fair compensation, or defending yourself against unfair accusations, we are here to help.
Contact Gina Corena & Associates today for a free consultation. Let us handle the legal challenges so you can focus on your recovery and move forward with peace of mind.
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.