Dealing with Pedestrian Accidents in Las Vegas: A Tourist’s Guide
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Exploring Las Vegas as a tourist can seem fun and enjoyable due to the city’s vibrant attractions. But, there are some notable concerns that should be kept in mind when interacting with such a lively and busy environment. Certain problems, like aggressive drivers or crowded territories can make it difficult to cautiously navigate the streets when traveling on foot.
Understanding how to keep yourself out of danger and knowing what to do if an accident happens is essential for ensuring a well-prepared trip. This guide will offer safety tips and helpful information tourists can use when visiting Las Vegas and how they can effectively approach a pedestrian collision if one does occur.
Pedestrian Accident Laws in Las Vegas
Nevada has enforced several laws that involve responsibilities pedestrians and drivers are given when sharing the road with one another. Below, we have provided some of the many important regulations that both parties are expected to comply with to maintain safe road conditions.
- Drivers are required to provide a duty of care to pedestrians. This also applies when a pedestrian is not on a crosswalk. Violating this law will result in penalties, especially if a pedestrian gets injured as a result (NRS 484B.280).
- Drivers are required to yield the right-of-way when a pedestrian is using a marked or unmarked crosswalk and will have to stop for pedestrians who are on their half of the roadway (NRS 484B.283).
- Pedestrians must yield the right-of-way to vehicles, even if they are crossing outside of a marked crosswalk or when they are not following traffic signals (NRS 484B.287).
- Drivers must yield the right-of-way to blind pedestrians who are carrying a white cane or are being navigated by a service animal (NRS 484B. 290).
These have been established to protect pedestrians from facing any potential harm while traveling in Las Vegas. Violations can result in serious penalties that may include:
- Fines
- Prison sentences
- Community service
Common Causes of a Pedestrian Accident
Most common causes of a pedestrian accident may involve a range of issues, like driver and pedestrian behaviors, along with poorly constructed roads. Below is a more detailed view of how each of these factors can trigger pedestrian injuries and deaths.
Driver Negligence
A negligent driver can put a pedestrian’s life at risk particularly if they do either of the following actions:
- Run a red light.
- Ignore traffic signs.
- Go over the posted speed limit.
It is encouraged for drivers to maintain a duty of care with those they share the road with to promote a safe environment where people can travel without the fear of getting injured, or even killed.
Vehicle Malfunction
A vehicle malfunction can contribute to a pedestrian collision. If a particular component within the car is not responding to the driver’s command, it will make it nearly impossible for them to avoid striking a nearby pedestrian.
For example, an unresponsive brake can affect a driver’s ability to slow down or stop when a person is crossing the road. As a result, the vehicle crashes directly into the pedestrian.
In cases like this, the manufacturing company or other entities involved in the chain of distribution may be found liable for the defective brake.
Pedestrian Error
Pedestrian errors are another issue that can lead to accidents. For instance, if a pedestrian chooses to jaywalk on a congested road or goes against a traffic signal, it could put them in harm’s way. Given the circumstance, they could face legal consequences for violating the city’s regulations.
Dangerous Intersections
Road designs can create dangerous intersections for pedestrians to utilize. Without clear marked crosswalks or functional signals to maintain traffic flow, pedestrians may encounter life-threatening situations.
Government entities and property owners are in charge of resolving hazardous conditions to ensure no injuries or deaths occur. Failing to fulfill such obligations can put either party in a legal battle against the injured victim(s).
Inadequate Lighting
Inadequate lighting is another factor that government entities and property owners can be found at fault for if it goes unresolved. Poor visibility can make it difficult for a pedestrian to see where they are going. This could ultimately cause them to strike objects on the sidewalk or fall after tripping over cracked pavement.
Dim lights can also affect a driver’s view of the road, making it less easy for them to detect pedestrians who are using a sidewalk or crossing a marked or unmarked crosswalk.
Common Pedestrian Accident Injuries
Since pedestrians lack protection, they are prone to sustain serious or even catastrophic injuries, especially if they are struck by a speeding driver. Below is a list of bodily harm that may emerge soon after a pedestrian is met with brute force:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Internal injuries
Emotional trauma may also occur. This includes:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
Wrongful Death in a Pedestrian Accident
A wrongful death in a pedestrian accident is caused by another individual or entity’s negligence. In such a case, the decedent’s estate or surviving family members can sue to seek compensation for losses incurred. Damages available in a wrongful death case include:
- Medical bills
- Funeral and burial costs
- Loss of financial support
- Emotional distress
- Loss of consortium
Substantial evidence will need to be acquired for lawsuits involving fatal pedestrian accidents, like:
- A copy of the police report
- Witness statements
- Photo or video evidence
- Proof of relationship
- A copy of your medical records
Pedestrian Safety Tips
Pedestrian accidents in Las Vegas roads remain high. This is concerning as it can put tourists and residents at risk of getting injured or killed while traveling on foot throughout the city. To stay safe and secure, it is essential for pedestrians to consider fulfilling the actions below.
Remain Visible
Be sure to wear bright or reflective clothing at night or in dim lit conditions. This will help you appear more visible to drivers.
Comply with Traffic Signs and Signals
You should obey pedestrian traffic signs and signals to safely walk across the road. But, even if you have the right-of-way, ensure that the vehicles have come to a full stop before crossing.
Do Not Give In to Distractions
Try to lessen your phone usage while crossing streets. It is important to stay cautious of your surroundings and to make eye contact with drivers prior to using crosswalks to make sure they see you.
Avoid Jaywalking
Jaywalking is prohibited in Nevada. If you attempt to perform this action on heavy roads, you will put yourself at high risk of getting struck by another vehicle. Even if you manage to make it across safely, you can still receive citations for jaywalking.
Liability in a Las Vegas Pedestrian Accident
Liability in a Las Vegas pedestrian accident will be different in each case. You will have to gather evidence and share it with your legal representative. They will assess the information provided to determine who should hold accountability for the damages you sustained.
Once the liable party has been identified, you will both be assessed to learn what degree of fault was committed by each side. Under Nevada’s modified comparative negligence rule, if you are 51 percent or more at fault for the pedestrian accident, you will not be entitled to receive compensation for the losses you endured.
Potential guilty parties in a pedestrian accident include:
- Drivers
- Pedestrians
- Government entities
- Manufacturing companies
Damages You Can Recover in a Las Vegas Pedestrian Accident Lawsuit
Recoverable damages in a Las Vegas pedestrian accident lawsuit will vary depending on what factors are involved. Below are some specific elements that will be considered when calculating and distributing compensation:
- The severity of your injury
- Current and future medical expenses
- Lost income and earning capacity
- The percentage of fault
In a pedestrian accident case, victims are entitled to acquire economic and non-economic damages. Under rare occasions, punitive damages may also be provided.
Economic damages are tangible costs, like medical bills and lost wages. Non-economic damages, on the other hand, are intangible losses, such as emotional distress and pain and suffering.
Punitive damages are granted to punish the wrongdoer for exhibiting outrageous conduct and to prevent similar actions from happening again in the future. You may be entitled to receive this if you can prove that the defendant acted with extreme negligence, recklessness, or malicious intent.
Contact West Coast Trial Lawyers Today
If you suffered injuries after a pedestrian accident, West Coast Trial Lawyers is readily available to offer legal assistance. Our Las Vegas personal injury lawyers will step in and create a personalized approach with your goals and priorities in mind to ensure you are satisfied with the outcome of the lawsuit.
To schedule a free consultation, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.