Gallagher & Lipshutz represents pedestrians injured by vehicles in Las Vegas, Henderson, North Las Vegas, Summerlin, and throughout Clark County. Pedestrian crashes are common in areas with heavy foot traffic, including the Strip, downtown Las Vegas, casino entrances, hotel crossings, parking lots, school zones, and busy intersections. A pedestrian has no protection when a car, truck, rideshare vehicle, or bus hits them, so the injuries are often serious.
Pedestrian cases can turn into blame disputes quickly. The driver may say the pedestrian crossed outside a crosswalk, walked against the signal, stepped out suddenly, or was hard to see. The pedestrian may remember only parts of the crash because of pain, shock, or a head injury. Photos, video, witness names, signal timing, police reports, license plate information, and medical records can help show what happened.
We offer free consultations for injured pedestrians and families after fatal pedestrian crashes. Call (702) 381-3770 or contact Gallagher & Lipshutz before giving a recorded statement or signing anything from the driver's insurance company. A recorded statement can be used later to blame you or minimize the injury.
Nevada Pedestrian and Crosswalk Rules
Nevada law gives pedestrians important protections, but it also expects pedestrians and drivers to use care. Right of way refers to who has the legal priority to go first. At many crosswalks, drivers must slow or stop for a pedestrian who is lawfully in the crosswalk. Drivers also must use care to avoid hitting pedestrians. See Nevada's driver duty statute for pedestrians, NRS 484B.280, and Nevada's crosswalk right of way statute, NRS 484B.283.
A marked crosswalk is painted on the road. An unmarked crosswalk can exist at some intersections even without painted lines. Traffic signals, pedestrian signals, countdown timers, and pedestrian bridges can also matter. If a person crosses outside a crosswalk or against a signal, the insurance company may argue the pedestrian shares fault. A pedestrian's mistake does not always excuse a driver who was speeding, distracted, intoxicated, turning carelessly, or failing to watch the road.
Common Causes of Las Vegas Pedestrian Accidents
Common causes include drivers failing to yield at crosswalks, left turn crashes, right turn crashes, speeding, texting, driving while intoxicated, rideshare pickup and drop off confusion, backing crashes in parking lots, and drivers leaving the scene. In tourist areas, drivers may be looking for casino entrances, parking garages, rideshare zones, or GPS directions instead of watching for people on foot. Pedestrian crashes can also happen in neighborhoods, school zones, and shopping centers where drivers do not expect people to cross.
A Strip crash may involve hotel or casino video. A crash near a school may involve school zone rules and crossing guards. A parking lot crash may involve low speed but serious injuries because the pedestrian falls hard or is run over. A hit and run may depend on license plate information, witness help, traffic cameras, nearby business video, and uninsured motorist coverage if the driver is not found.
Proving Fault When a Pedestrian Is Hit by a Car
Fault in a pedestrian case is proven by facts, not assumptions. The investigation should look at where the pedestrian was, where the driver was, traffic signals, lane layout, lighting, driver speed, driver distraction, vehicle damage, skid marks, witness testimony, and available video. The police report is important, but it may not answer every question. In serious cases, a crash expert may help explain impact location, speed, sight lines, and timing.
Nevada's comparative fault rule can reduce the money recovered or prevent recovery if the pedestrian is blamed for too much of the crash. Under that rule, an injured person can recover only if their share of fault is not greater than the fault of the person or people being sued. See Nevada's comparative fault rule, NRS 41.141. It is important not to accept the insurance company's first version of events without checking the evidence.
Insurance Issues After a Pedestrian Crash
The driver's insurance is usually the first policy to review. Nevada drivers must carry at least $25,000 of injury coverage for each person hurt in a crash, up to a total of $50,000 per accident, plus $20,000 for property damage. Serious injuries can exceed the driver's coverage quickly. See Nevada's minimum car insurance statute, NRS 485.185, and the Nevada Division of Insurance summary.
If the driver leaves the scene or has no insurance, uninsured or underinsured motorist coverage may still help in some cases. This is the part of an auto policy that helps when the driver who was at fault has no insurance or too little. It may apply through the injured person's own policy or a household policy, depending on the policy language. The answer is not always obvious, so every possible policy should be reviewed.
Damages in a Pedestrian Accident Claim
Pedestrian injuries can include fractures, brain injuries, spine injuries, hip injuries, knee injuries, internal injuries, scarring, and chronic pain. Damages may include medical bills, future medical care, missed wages, the money you can no longer earn in the future, pain, physical limits, emotional distress, and loss of enjoyment of life. If the crash caused a death, Nevada law lets certain family members bring a wrongful death claim. See Nevada's wrongful death statute, NRS 41.085.
Serious pedestrian cases may require future care planning and expert review. A doctor may need to explain long term limits, future surgery, therapy, or work restrictions. Photos, records, bills, work documents, and testimony from family members can help show how the injury changed daily life.
What to Do After a Pedestrian Crash
If you were hit by a vehicle while walking in Las Vegas, the steps you take right after the crash can preserve evidence, protect your health, and identify the driver and insurance. Here is what to do.
Step 1: Check for Injuries
If you were hit by a car, treat it as serious. Head, neck, back, hip, leg, and internal injuries can be worse than they first feel.
Step 2: Call 9-1-1
Ask for the police and medical help. A police report can identify the driver, insurance, witnesses, and crash location. Follow the responding officers' instructions.
Step 3: Stay Put and Wait
If you are hurt, stay still and wait for help. Move to safety only if you are able and staying there puts you in danger.
Step 4: Get the Driver's Information
Take pictures of the driver's driver's license, insurance, and registration. Get the driver's name, phone number, and vehicle description. If the driver leaves, write down the plate or ask witnesses to help.
Step 5: Take Pictures
Photograph the vehicle, plate, crosswalk, traffic signals, road, skid marks, debris, lighting, and your visible injuries if you can do so safely.
Step 6: Find Witnesses
Get names and phone numbers from anyone who saw the crash. Ask whether nearby hotels, stores, buses, or rideshare vehicles may have video.
Step 7: Report the Claim
Notify the driver's insurance company if you have the information, but keep statements short and factual until you understand your injuries.
Step 8: Go to the Doctor
Get medical care promptly and tell the doctor you were hit as a pedestrian. Keep discharge papers, bills, prescriptions, and follow up instructions.
Frequently Asked Questions
Who is at fault if a pedestrian is hit in a crosswalk?
The driver is often at fault if the pedestrian was lawfully in the crosswalk, but every case depends on the facts. Traffic signals, pedestrian signals, speed, lighting, witness testimony, and video can all matter. Nevada's crosswalk statute is a key source, but the investigation should not stop there. See Nevada's crosswalk right of way statute, NRS 484B.283.
Can I recover if I was crossing outside a crosswalk?
Most of the time, yes. An injured pedestrian can often still recover even when crossing outside a crosswalk, but the facts need to be reviewed carefully. The driver's speed, attention, lighting, road design, and ability to avoid the crash still matter, so talk to a lawyer before accepting the insurance company's position.
What if the driver fled the scene?
Call 9-1-1, get medical help, write down the plate or vehicle description if you can, and ask witnesses for help. Nearby business, hotel, traffic, bus, or rideshare video may help identify the driver. Uninsured motorist coverage may also need to be reviewed if the driver is not found.
What if I was a tourist hit by a car in Las Vegas?
You can still have a Nevada claim if the crash happened in Nevada. Keep the police report number, medical records, travel records, hotel information, witness names, and photos. If you continue treatment after returning home, those records can still be part of the Nevada claim.
How long do I have to file a pedestrian accident claim in Nevada?
Most Nevada pedestrian accident injury lawsuits must be filed within two years of the crash. That deadline comes from Nevada's general injury filing deadline, NRS 11.190(4)(e). Evidence such as video and witness information should be gathered much sooner. See our Nevada injury filing deadlines page.
Should I talk to the driver's insurance company?
You should make sure the claim is reported, but be careful with recorded statements and broad medical authorizations. A pedestrian may be in pain, confused, or missing parts of the story after a crash. It is safer to understand the evidence and injuries before giving a detailed statement.
Gallagher & Lipshutz represents injured pedestrians and families in Las Vegas, Henderson, North Las Vegas, Summerlin, and Clark County. For a free consultation, call (702) 381-3770 or contact Gallagher & Lipshutz. Pedestrian cases often turn on video, witnesses, and crosswalk evidence, so early investigation matters.
