Can A Pedestrian Be At Fault for An Accident?

July 27, 2020 | Ed Bernstein
Can A Pedestrian Be At Fault for An Accident? Motorists have a duty of care to drive responsibly and ensure that pedestrians are safe. A car is a dangerous piece of machinery when it isn’t operated with care and attention. However, to say that a driver is always at fault when there is an incident between a vehicle and a pedestrian isn’t true.  There are times when a pedestrian is at fault. Las Vegas uses ‘Comparative Negligence Laws’ to determine the level of negligence by all the parties involved. Unfortunately, more than 10,000 car accidents occur in Las Vegas every year, resulting in hundreds of fatalities. Therefore, it’s essential to be prepared and protect yourself as best as possible. Hiring a personal injury attorney or Las Vegas car accident attorneys are the only way to ensure you receive quality legal representation, whether you’re a pedestrian or a motorist.

How is fault determined?

When a court or insurance adjuster determines blame, it’s very different from what other pedestrians and eye-witnesses may assume. Besides considering the statements of either party, they will analyze the police report, expert testimony, and any laws that apply to the incident. Such laws may include speeding for the driver or jaywalking for the pedestrian. Nevada’s negligence laws can make the process quite complicated, which is another reason to contact the best law offices in Las Vegas.

What Are Comparative Negligence Laws?

The modified comparative negligence law is used in the state of Nevada to apportion liability between parties involved in an accident. For instance, if you didn’t have your eyes on the road but a pedestrian was jaywalking, it could be argued both parties were at fault. In this scenario, you would often find that you and the pedestrian would each share 50% of the blame. Specific factors will impact your percentage of the blame. For a motorist, the following will increase your level of fault:
  • Speeding
  • Driving under the influence
  • Road rage
  • Using an electronic device
  • Distracted driving
Any injured person is allowed to file a claim for damages. But, the amount received will be affected by their share of the blame. If a party is found to be more than 50% at fault, they are not allowed to recovery any money for their injuries.

When is a pedestrian at fault?

While it is often assumed that a motorist will share some of the blame, there are instances when the pedestrian is entirely at fault. Jaywalking Jaywalking, or crossing outside of a crosswalk, is a law that is often violated. As long as the motorist did nothing wrong and did everything to avoid you, you may be held 100% accountable. Crossing Contrary To A Signal This is when a pedestrian crosses in a crosswalk when the signal is red or clearly states that you should not walk. Walking Where Pedestrians Are Prohibited Not everywhere is pedestrian-friendly, and you must obey posted rules for your safety. These areas include highways and freeways, bridges, causeways, and overpasses. 

When can you claim compensation?

A car or pedestrian accident in Las Vegas allows an injured person to claim from any at-fault parties, as long as their level of blame is lower than 50%. If your level of liability is determined to be more than half, you lose the right to claim compensation.

Why Do You Need A Personal Injury Lawyer?

The best personal injury lawyers are skilled and experienced in helping to prove liability. Whether you’re the pedestrian or a driver, our experienced  accident attorneys will collect the necessary evidence to prove the other party is 100% at fault. This may include:
  • CCTV footage to determine the speed of the car and the motives of the pedestrian
  • A copy of the police report
  • Witness testimony that will help to prove your side of the story
  • Any other contributing factors
Also, our law office will deal with the relevant insurance companies. Even when you are not to blame, or your level of blame is reduced, an insurer will put up a fight. With the help of a knowledgeable legal expert, you can ensure that your settlement amount is fair. 

Law Offices In Las Vegas

If you’ve been involved in a personal injury accident, you should call 702-240-0000 and get in touch with Edward M. Bernstein & Associates for your free consultation right now.  


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.