3275 South Jones Blvd., Suite 105
Las Vegas, NV 89146
(702) 307-9500

PEDESTRIAN ACCIDENTS
05/23/2012

It seems you cannot turn on one of our local news stations without hearing about another pedestrian being injured by a motor vehicle. Clark County has had an increased number of pedestrian accidents in recent months and is frequently listed as a one of the worst cities for traffic related injuries and accidents.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office">

 

Pedestrian accidents can cause severe injuries, including but not limited to, sprains, fractures, loss of limbs, and death. It is important for not only our drivers but also our pedestrians to understand the “Rules of the Road.”

 

According to NRS 484B.280(1) a driver of a motor vehicle shall (a) exercise due care to avoid a collision with a pedestrian; (b) give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision; and (c) exercise proper caution upon observing a pedestrian: on or near a highway, street or road; at or near a bus stop or bench or in the act of boarding a bus or other public transportation vehicle; or in or near a school crossing zone or a marked or unmarked crosswalk.

 

However, pedestrians also have “Rules of the Road” they must follow. Pedestrians must not suddenly leave a curb and run into the path of a vehicle and should obey all traffic signals including those displaying “walk” and “don’t walk.” NRS 484B.283. According to NRS 484B.287 pedestrians crossing a highway other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles. In addition, between adjacent intersections at which official traffic-control devices are in operation, pedestrians shall not cross at any place except in a marked crosswalk. NRS 484B.287. Further, pedestrians must use a sidewalk where provided and where not provided must walk on the left side and face the approaching traffic. NRS 484B.287.

 

It is clear from our statutes, that both drivers and pedestrians have duties to ensure they are obeying traffic laws and acting and operating in a safe manner.

 

In any accident, a defendant can raise the comparative negligence defense and argue that the plaintiff was also at fault for the accident. In Nevada, if a plaintiff’s negligence was not greater than the negligence of the other party then the plaintiff is not barred from recovery. However, if a plaintiff is 51% negligent then they would not be entitled to a recovery.  Therefore, in a pedestrian accident, where the pedestrian was not obeying the “Rules of the Road,” there will likely be issues of comparative negligence raised and the pedestrian will have to overcome those defenses at trial.

 

Furthermore, it is important that a pedestrian understand the impact of their own automobile insurance and how it may factor into their pedestrian accident particularly with respect to their Medical Payments Coverage and Uninsured/Underinsured Motorist Coverage.

 

It is important that if someone you know was recently injured as a result of a Pedestrian Accident, they meet with one of the attorneys at our firm to address the issues of liability and damages in their case and the respective insurance policies involved.

 

For more information contact us at office@fdlawlv.com.

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