Although many people believe that pedestrians always have the right of way, that is not accurate. Pedestrians need to obey the rules of the road, just as motorists do. Because Nevada allows courts to consider the comparative fault of all parties in an accident, determining liability in Las Vegas pedestrian accident cases is important. Working with the experienced legal team at Shook & Stone can make a difference in the amount of compensation that you can potentially recover in a lawsuit. Our seasoned pedestrian injury attorneys could gather evidence to help you build a solid claim for fair compensation.
Liability of Motorists in Pedestrian Accidents
Many pedestrian accidents occur because a motorist acts negligently. Most pedestrian accidents happen because the driver does not see the pedestrian in time to prevent a collision. Drivers have a duty of care to look out for everybody who shares the same roads as them. That duty of care extends to more than just people in other vehicles. Unfortunately, even if they try to be aware of other cars, many motorists fail to check for people on foot.
Some of the most common reasons that motorists strike walkers are as follows:
- Distracted driving
- Speeding
- Drunk driving
- Failure to obey traffic signals or stop signs
- Failure to yield the right of way to a pedestrian in a crosswalk
- Fatigued driving
- Aggressive driving
Our experienced Las Vegas attorneys at Shook & Stone know how to investigate pedestrian accidents to look for evidence of fault. They could carefully comb through the police accident report, interview witnesses to the crash, and subpoena critical information, such as cell phone data and blood alcohol levels.
Liability of the Pedestrian
Some pedestrian accidents happen because the walker acts negligently or irresponsibly. Pedestrians need to abide by local traffic rules just as much as motorists do. When pedestrians act carelessly, their actions can lead to accidents. Sometimes, pedestrians are entirely to blame for accidents, such as when a person darts out suddenly into the road, and a driver might not be able to stop in time. In that situation, the driver might not bear any responsibility for the accident. Other times, pedestrians and drivers share the blame for a crash, such as when a pedestrian:
- Crosses outside of a crosswalk
- Wears dark clothing at night
- Crosses a road diagonally
- Walks on the side of a road instead of on a sidewalk
In shared fault situations, Nevada courts allow injured pedestrians or their families to bring suit as long as the other party is at least 50 percent responsible for the accident. However, the injured pedestrian’s recoverable damages would be reduced according to their percentage of liability.
Our skilled team of attorneys could work with accident reconstruction specialists to prove how the motorist is more to blame for your pedestrian accident in Las Vegas.
Liability of Third Parties
Sometimes, the driver who strikes a pedestrian is not the only responsible party. Pedestrian accidents can occur because of poorly designed roads, where drivers cannot see walkers. They can also happen when there are not enough sidewalks, crosswalks, or traffic signals to help pedestrians. Our seasoned lawyers could visit the crash site and compare it to other areas with similar traffic patterns to determine if the road was particularly dangerous for pedestrians. In some instances, the municipal authority in charge of the roadway design and maintenance could bear some liability.
Work With a Las Vegas Attorney to Determine Liability in Pedestrian Accidents
Determining liability in Las Vegas pedestrian accident cases can be complicated. Sometimes, more than one party can bear whole or partial responsibility. Work with a determined local lawyer who could carefully investigate your accident. The trusted legal team at Shook & Stone could fight to help you get the compensation you deserve. Set up a free consultation now.
