Pedestrians are some of the most vulnerable individuals on the road. Whether you’re on a sidewalk, in a crosswalk, or in a parking lot, you deserve to feel safe. Unfortunately, careless motorists, the increasing speed of vehicles in the road, and human error can lead to serious accidents. While the driver of the car may have minimal damage, a pedestrian vs. car accident can leave you with debilitating injuries and crushing medical debt.
If you’ve been injured in a car accident, whether as a driver or a pedestrian, reach out to our personal injury lawyers for a free consultation.
What is Right of Way?
Right of way is a set of rules that governs what type of driver has precedence over another to move forward on the road. At an intersection with a four-way stop, the car that arrives at the intersection and comes to a complete stop first has right of way to proceed through the intersection. Right of way can be granted by signs, general road rules, traffic lights, and the lines painted on the road.
Pedestrian Right of Way in Nevada
Many drivers assume that pedestrians always have right of way. This myth is usually passed on out of a desire to protect pedestrians. After all, it is generally safer to assume pedestrians have right of way and avoid unnecessary injuries and devastating accidents.
However, pedestrians should be aware that they do not have universal right of way. In fact, outside of certain pedestrian safety zones, you may find yourself at fault and out of luck if you seek compensation.
In Nevada, drivers are required to exercise caution and avoid hitting pedestrians, but that doesn’t mean a pedestrian can do whatever they want and expect legal protection.
If you step suddenly off a curb, run into a busy road, or fail to obey pedestrian laws, you may be held partially, or even mostly, responsible for the crash. That’s why understanding right of way rules is crucial for both preventing injuries and preserving your right to compensation.
When Do Pedestrians Have the Right of Way in Nevada?
Pedestrians are expected to:
- Stay out of the road except at designated crosswalks
- Obey all traffic signals and pedestrian signs
- Yield to vehicles when not crossing at a marked or unmarked crosswalk
Failure to follow pedestrian traffic laws may be considered jaywalking, which can result in a citation, particularly in cities like Las Vegas where enforcement is strict.
On roads without marked crosswalks, sidewalks, or pedestrian signals, right of way becomes more situational. Pedestrians should yield to traffic and only cross when it is safe to do so. Drivers, meanwhile, are still expected to watch for pedestrians and avoid collisions whenever possible.
How Right of Way Affects Injury Compensation
Nevada uses a comparative fault system to determine how much compensation an accident victim may receive. Under this rule:
- You can still recover damages if you are less than 50% at fault
- Your compensation is reduced by the percentage of fault assigned to you
For example:
If your total damages are $100,000, but you’re found 15% at fault, you would receive $85,000.
Right of way plays a major role in assigning fault:
- If you were crossing outside a crosswalk or against the signal, you may be found more at fault
- If you were in a crosswalk during a walk signal, the driver is likely to be found primarily responsible
If you’ve been injured in a pedestrian accident, it’s critical to speak with a Las Vegas pedestrian accident lawyer right away. An attorney can help you determine your level of fault and fight for maximum compensation.
Pedestrian Safety and Enforcement in Nevada
Nevada has had rising numbers of pedestrian deaths over the past decade. In the first six months of 2020 alone, 28 pedestrians lost their lives. It’s particularly important for both pedestrians and motorists to stay alert on the road and make every effort to avoid accidents.
Recently, Las Vegas has been cracking down on pedestrian traffic violations. If you’re caught jaywalking, you could face steep fines. Pedestrians in Nevada should take care to obey all road signs, exercise caution near roadways, and yield to vehicle traffic when in doubt.
Get Legal Help From a Las Vegas Pedestrian Accident Lawyer at O&E
No one leaves their home expecting to get into an accident. After a serious car accident, you may be faced with financial strain, loss of work, and serious health concerns. Don’t let someone else’s negligence take away your peace of mind. Call a Las Vegas injury attorney at Oronoz & Ericsson today.
With over 40 years of cumulative experience, our team is ready to fight for the rights of accident victims in and around Las Vegas. If you’ve been the victim of an accident, contact us online or at (702) 878-2889 to schedule your free consultation.