Nevada law gives pedestrians the right of way in crosswalks — both marked and unmarked — and imposes a legal duty on drivers to yield and take precautions to protect pedestrians. Despite these protections, pedestrian accidents at crosswalks are tragically common in Las Vegas and throughout Nevada, and the injuries are often catastrophic because pedestrians have no physical protection against a vehicle. Understanding your rights after a crosswalk accident and how Nevada law allocates liability is essential for recovering full compensation.
Nevada’s Crosswalk Laws
Under NRS § 484B.283, a driver approaching a crosswalk where a pedestrian is present must yield the right of way and take precautions necessary to ensure the pedestrian’s safety. This duty applies at all marked crosswalks and at all intersections, even where no crosswalk is painted. NRS § 484B.283(2) requires a driver who has stopped at a crosswalk to yield to a pedestrian to remain stopped until the pedestrian has passed the driver’s lane and any adjacent lane — preventing a second car in an adjacent lane from striking the pedestrian while the first car is stopped. Additionally, NRS § 484B.165 prohibits the use of a handheld cellphone while driving, and a driver who is distracted by a phone and fails to yield to a pedestrian in a crosswalk may be liable for negligence per se.
Comparative Fault in Crosswalk Accidents
Nevada applies a modified comparative fault system under NRS § 41.141. If the pedestrian was partially at fault — for example, by crossing against a “Don’t Walk” signal, looking at their phone, or stepping into traffic without looking — the pedestrian’s recovery is reduced by their percentage of fault. If the pedestrian is found to be 51% or more at fault, they cannot recover at all. Insurance companies routinely attempt to assign pedestrian comparative fault to reduce or eliminate claims. Common defense arguments include that the pedestrian entered the crosswalk too close to the vehicle for the driver to stop, that the pedestrian was wearing dark clothing at night, or that the pedestrian was jaywalking. Gathering evidence of the driver’s failure to yield — witness statements, traffic camera footage, vehicle skid marks — is critical to countering these arguments.
Damages in Pedestrian Accident Cases
Pedestrian accident injuries are frequently severe: traumatic brain injury from ground impact or vehicle contact, spinal cord injuries, multiple fractures, internal organ damage, road rash, and in serious cases, limb amputations or death. Nevada does not cap non-economic damages in personal injury cases, which means that juries can award substantial compensation for the full extent of pain, suffering, disability, and loss of enjoyment of life. Economic damages include all medical expenses — emergency care, hospitalizations, surgeries, rehabilitation, and ongoing treatment — as well as lost wages during recovery and reduced earning capacity if the injuries are permanent. When a pedestrian fatality occurs, surviving family members can bring a wrongful death action under NRS § 41.085.
Evidence to Collect After a Crosswalk Accident
The most important evidence in a crosswalk pedestrian accident includes: traffic signal camera or intersection surveillance footage (often retained for only 24 to 72 hours — subpoena or litigation hold demand must be sent immediately); the police accident report, which documents the signal phase at the time of the accident; eyewitness names and contact information gathered at the scene; photographs of the crosswalk, traffic signals, and vehicle position; and any commercial vehicle dashcam footage if a commercial driver was involved. Medical records documenting the nature and severity of injuries from the emergency room forward provide the foundation for the damages case.
Contact Marathon Law Group
Marathon Law Group represents Las Vegas pedestrian accident victims in crosswalk accident cases. Contact us for a free consultation.