Who is at Fault in a Las Vegas Crosswalk Accident?
Millions of tourists visit Southern Nevada every year. As such, Las Vegas crosswalk accidents are a common occurrence. In 2020, there were 79 pedestrians killed in Nevada, according to data from the National Highway Traffic Safety Administration (NHTSA). Unsurprisingly, the majority of Las Vegas pedestrian accidents happen along the Strip near hotels and casinos.
Many pedestrian accidents are the result of negligence or inattention on the part of both drivers and pedestrians. Drivers may be texting, driving too fast, or engaging in other risky behaviors. Conversely, pedestrians may not pay attention to whether or not they are walking in a crosswalk, especially if they are tourists.
Here, the personal injury lawyers at Lerner and Rowe explain who is at fault in a Las Vegas crosswalk accident.
Las Vegas Pedestrian and Right-of-Way Laws
Pedestrians have the right-of-way at crosswalks according to Nevada Revised Statute 484B.287. There are still limitations on pedestrians such as jaywalking, or walking across a street without using a crosswalk, is still prohibited and can result in a fine. Jaywalking pedestrians must yield to traffic and do not have the right-of-way.
Las Vegas also has its own pedestrian regulations, as outlined in the city’s municipal codes.
Pedestrians cannot cross “at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb”—except in a crosswalk. In other words, even if no traffic is approaching, pedestrians can be fined for crossing the street outside of the crosswalk or for walking diagonally across the street.
Pedestrians must always use sidewalks when they are present.
Pedestrians must utilize the crosswalk in any commercial district or between any intersections with stop lights and stop signs.
When there are no sidewalks present, pedestrians must walk on the left side of the road or the shoulder, facing traffic.
While these laws are intended to protect pedestrians and lessen collisions involving vehicles, they are not flawless. Even if you have the right-of-way, keep an eye out for drivers and don’t count on them to stop. It’s crucial for drivers, especially those who are out at night, to exercise caution when driving through areas with heavy foot traffic.
Related: How to Walk Smart: Pedestrian Safety in Las Vegas
How Drivers Can Avoid a Las Vegas Crosswalk Accident
Drivers can avoid colliding with a pedestrian in a crosswalk accident by taking these precautions:
Be sure to turn on your headlights at night. Pedestrian accidents are common at night. By turning on your headlights as soon as it starts to get dark, drivers can help prevent potentially fatal accidents.
Slow down when approaching a crosswalk. Slow down and never pass a car stopped at a crosswalk. When coming up on a crosswalk, look both ways along the road and sidewalk to make sure it is clear.
Avoid distractions. Distracted driving is a major cause of accidents. Don’t be tempted to text and drive. Avoid other distracts when driving.
Related: Las Vegas’s Most Dangerous Intersections
How Pedestrians Can Avoid a Las Vegas Crosswalk Accident
Assume drivers may not see you. Dress in brightly colored clothing or have something reflective so you are more visible to passing cars. You shouldn’t count on drivers to see you even while you’re on a crosswalk.
Never cross the street alone after drinking. Since Las Vegas is such a pedestrian-friendly city, you probably won’t need a designated driver after a night out on the town. It’s still a good idea to have someone sober with you. If you find yourself alone, it is safer to call a rideshare or a taxi. When someone who is intoxicated unintentionally stumbles into the road in front of a passing vehicle, it often results in pedestrian accidents.
Stay in well-lit areas. Try to stay in areas with enough lights so passing cars can see you.
Related: How to Improve Child Pedestrian Safety in Las Vegas
Injured In a Pedestrian Accident? Call Lerner and Rowe
A driver who hits a pedestrian will likely be held liable for the pedestrian’s injuries, depending on the circumstances. If a pedestrian does not have the right-of-way and they are not following the Las Vegas pedestrian laws, which party is liable gets a little more complicated. It’s crucial to contact a skilled personal injury attorney after an accident, whether you were the driver or a pedestrian. We’ve helped thousands of clients receive compensation after a Las Vegas crosswalk accident.
Accidents can happen at any time so the team at Lerner and Rowe is available 24/7. Call us at 702-877-1500 to schedule your free case evaluation. You can also fill out our online form or reach us via LiveChat. Contact a Las Vegas pedestrian accident lawyer today!
