Gina M Corena at GIna Corena & Associates

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 in Nevada: How Common Are They?

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.”

What Causes Pedestrian Accidents in Nevada?

Several factors contribute to the high number of pedestrian accidents in Nevada:

  • Low visibility at night—Poor lighting causes many pedestrian crashes, making it difficult for drivers to see people crossing the road.
  • Failure to yield at crosswalks – Some drivers ignore traffic laws and do not stop for pedestrians in designated crossing areas.
  • Speeding in pedestrian-heavy zones – Higher speeds reduce reaction time and increase the severity of injuries in the event of a collision.
  • Distracted driving – Texting, eating, or adjusting controls inside a car can divert a driver’s attention away from the road.
  • Jaywalking and pedestrian negligence – Pedestrians crossing outside designated areas or stepping into traffic suddenly also contribute to accidents.
  • Insufficient infrastructure – Many roads in Nevada lack adequate pedestrian safety measures, making walking near traffic more dangerous.

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.

Who is at Fault When a Pedestrian is Hit in Nevada?

hit by car while walking

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.

When is the Driver at Fault?

A driver is considered at fault if they:

  • Fail to yield to a pedestrian at a crosswalk, intersection, or other designated crossing area.
  • Run a red light or stop sign, leading to a collision with a pedestrian.
  • Speed in residential or pedestrian-heavy regions makes it harder to stop in time.
  • Drive while distracted by texting, eating, or using in-car technology.
  • Veer off the road onto sidewalks or pedestrian pathways.

When is the Pedestrian at Fault?

Pedestrians are not always innocent in these accidents. Under Nevada law, a pedestrian may be at fault if they:

  • Cross the road outside of a designated crosswalk, increasing the likelihood of an accident.
  • Walk on the roadway when sidewalks are available and accessible.
  • Ignore pedestrian signals at intersections, stepping into traffic at the wrong time.
  • Suddenly, they enter the road without giving a driver enough time to stop.

“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.

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What Happens After You Hit a Pedestrian? Steps to Take Immediately

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.

Steps to Take After a Pedestrian Accident:

  • Stop immediately – Never leave the scene, as doing so could lead to felony hit-and-run charges.
  • Check on the pedestrian – If they are injured, call 911 for medical assistance.
  • Do not move the injured person unless necessary for safety reasons.
  • Exchange information with the pedestrian and any witnesses at the scene.
  • Avoid admitting fault or making statements about the accident to police, witnesses, or the pedestrian.
  • Take photos of the accident scene, including road conditions, traffic signals, and any injuries.

Leaving the scene or failing to call for help can escalate the situation and lead to criminal charges against you.

Pedestrian collision immediate actions

How Much is a Ticket for Hitting a Pedestrian in Nevada?

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

FAQs: Common Questions About Pedestrian Accidents in Nevada

1. What should I do if I hit a pedestrian with my car?

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.

2. Can a pedestrian be found responsible for an accident?

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.

3. Will my car insurance cover a pedestrian accident?

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.

4. What happens if I flee the scene after hitting a pedestrian?

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.

5. How can an attorney help if I’m involved in a pedestrian accident?

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.

Conclusion

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.

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