Las Vegas, Nevada, Leads The Nation In Pedestrian Traffic Accident Litigation

Why Las Vegas Stands Out: The National Context

From 2010 to 2022, the number of pedestrian fatalities in the U.S. increased by 77%, while other traffic accident fatalities combined increased by22%. In 2023, 7,318 pedestrians were killed by motorists in motor vehicle accidents (MVAs) nationwide. Although this represents a 5.4% decline from 2022, it’s 14.1% higher than the number of pedestrian fatalities in 2019.

Nevada’s Position In The National Pedestrian Crisis

As of 2023, Nevada ranked fifth for the deadliest states for pedestrians, with Florida, South Carolina, Arizona, and New Mexico taking fourth through first place, respectively. Nevada’s number of pedestrian fatalities has risen at a significantly higher rate than the national rate.

Per 100,000 pedestrian deaths in 2024, Nevada recorded 3.46, while the national average was 2.1, indicating national trends do not account for the high number of pedestrian fatalities in Nevada.

Large Commercial Parking Lots

Hotels, shopping malls, and other large commercial hubs have huge parking facilities that facilitate a correspondingly great number of onsite traffic collisions. Such areas are well-known to be especially prone for pedestrian accidents, given typical geo location and general layout of commercial parking lots. Those features make it easy for pedestrians to get lost or take unmarked side alleys to reach the next row of parked vehicles. Fast-moving cars often can’t stop quickly enough to avoid catastrophes.

Crosswalks

Crosswalks are among the most frequent sites of potentially deadly collisions between sightseeing visitors and local motor vehicle operators.

A frequently cited causal factor is drivers failing to recognize the presence of designated pedestrian-only crosswalks or pedestrians therein.

The next commonly blamed culprit is insufficient illumination to clearly indicate exclusive foot traffic lane designation for passing drivers.

Still, a third named major contributing factor is mutual human nature of motorists and pedestrians who are too impatient to wait until the official countdown ends in a pre-timed sequence that begins when the correct traffic signal will immediately appear at marked crosswalks, located near street intersections.

Sidewalks

Pedestrians often die while traveling along sidewalk areas located near larger intersections when oncoming vehicular traffic crosses into the walking lane.

While municipalities build public sidewalks with explicit intent to accommodate exclusively foot traffic, those same thoroughfares provide very little protection for pedestrians who use them for the sole intended travel mode.

Children are especially vulnerable to becoming wrongful death victims of drunken or distracted drivers who veer over curbs and merge onto sidewalks. This is primarily because kids love to walk, ride bikes, and play games, like hopscotch or jump rope outside.

Though most can understand basic safety rules, like looking both ways before crossing each street, juveniles younger than 10 don’t have enough judgment to negotiate motor vehicle traffic safely.

Per an official publication by the Nevada Dept. of Motor Vehicles (NVDMV), children less than 10 years old tend to assume that whenever they can see a driver, the reverse is also true. NVDMV’s report further stated that younger kids often believe grownup motorists can work magic by instantly stopping on a dime at any given moment in time. Such natural fantasy of naive minds and growing bodies that are too short to see over vehicles, shrubbery, buildings, and other stationery objects combine to place juvenile pedestrians in particular jeopardy.

Specific High-Risk Spots To Watch Every Step

Boulder Highway Between Henderson And Las Vegas

A particularly notorious Las Vegas pedestrian death trap is Boulder Highway, which has numerous lengthy sections that stretch for miles, with no marked crosswalks at large busy intersections.

Fremont Street

“Fremont Street,” the world-famous Las Vegas Fremont Street Experience, stays vibrant from combined foot and car traffic 24/7/365. Despite local officials making a very wise decision to close most of their remade version to motor vehicle traffic, Fremont Street still presents a deceptive scene for visiting pedestrians who don’t know where the no-car zone begins. The entire length of 4th Street is one-way only but intersects with Fremont St., where foot traffic bottlenecks.

Harry Reid International Airport

Taxicabs, skycaps pushing luggage buggies in tow, passengers running to and from various boarding gates, and privately-owned motor vehicles are all constant fixtures of Harry Reid International Airport.

This is hardly surprising, since Harry Reid International Airport provides a short-term home-away-from-home for more than 30 million airline passengers who arrive per year to visit Las Vegas.

This international hub of nonstop hurry kept abuzz by constant worry over missing various flights and retrieving valuable belongings hides an inherent dark side that resides in higher probability of pedestrian traffic accidents.

Combined adverse impacts of multiple urgent priorities that spur high-velocity movement distracts attention from immediate surroundings of high-volume occupancy.

Prime Risk Factors in Pedestrian Traffic Accidents

Jaywalking Plus Joyriding Equals Poor Judgment

While typically not taken seriously by most pedestrians or drivers, Nevada state law classifies jaywalking as a crime for several well-justified reasons.

First, it’s vital to note precisely what the law denotes as jaywalking. In essence, it’s a criminal offense that consists of walking against motor vehicle traffic, whenever no legal right of way to do so exists. That means crossing at street intersections when the signal is red or blinking with a white colored hand palm. During those times, traffic lights displayed to motorists are directly opposite. Therefore, it’s dangerous to be anywhere within the crosswalks. Jaywalking traffic accidents are especially horrendous for pedestrians who not only sustain severe bodily injury but hefty fines due to citations.

As if that double whammy wasn’t bad enough by itself, many jaywalkers have no legal recourse against the driver(s) involved because the law views pedestrian violators as liable parties at fault.

However, that general rule does have a few possible exceptions. One such scenario is when a jaywalker had almost reached the other side of the street when he or she was struck. Another is when a motorist is traveling at a very excessive speed or driving recklessly.

Most Lethal Times For Leisurely Strolls In Las Vegas

An especially high-risk time of day for Las Vegas pedestrian locals and visitors alike is late at night, when motorists are more likely to drive while under the influence of intoxicating substances, misperceive depth and distances, or simply fail to notice pedestrians who are present nearby.

Las Vegas’s Unique Vulnerability Factors

Approximately 40 million people visit Las Vegas each year, averaging 3.33 million per month. The high volume of visitors means more rental cars are on the streets of Las Vegas. Unfamiliar drivers operating rental cars pose an increased risk of accidents.

One reason unfamiliar drivers pose an increased accident risk is that they’re more likely to be distracted while looking for their destination, searching for parking, or checking their GPS for directions. 

Pedestrians in Las Vegas also face increased risks from issues with infrastructure, including:

• Lack of crosswalks
• Poor lighting

The Governors Highway Safety Association (GHSA) has called for infrastructure improvements to protect pedestrians. Current infrastructure often favors motorists. In addition to the lack of crosswalks, many roadways have inadequate sidewalks or no sidewalks for pedestrians.

The GHSA also attributes the 77% increase in pedestrian fatalities in the U.S. since 2010 to a reduction in national traffic enforcement, which has contributed to higher rates of unsafe behaviors. This is why speeding and impaired driving are unsafe behaviors that are currently increasing the risk of accidents.

Lack of lighting is also a critical issue in Vegas and throughout America, with 76% of fatal pedestrian accidents in the U.S. occurring at night.

Another risk factor for pedestrians involves the popularity of SUVs and trucks. In addition to increasing the likelihood of pedestrian accidents, these larger vehicles increase the risk of moderate and serious injuries. One study found that when struck by a pickup at 27 mph rather than by a median-height car, the odds of a serious injury increased by 32%.

The climate in Las Vegas is another risk factor for pedestrians. Due to warmer temperatures, there are more pedestrians year-round, which contributes to the city’s pedestrian accident rate.

Modified Comparative Negligence: The 51% Rule

There are four main types of negligence laws in the U.S. that apply to pedestrian accidents:

• Comparative: Victims can seek compensation if they’re below the designated percentage of fault.
• Pure comparative: Victims can seek compensation for any percentage of blame that falls on another party.
• Pure: Victims with any percentage of fault cannot seek damages.
• Slight versus gross: The ability to seek damages isn’t based on a percentage of blame, but on slight versus gross blame.

Nevada’s modified comparative negligence laws (NRS 41.141) allow some victims to pursue legal action and recover damages. To qualify, the accident victim’s percentage of blame must be less than 51%. If it is 51% or more, they cannot seek damages.

Suppose you were jaywalking when you were struck by a vehicle. The driver was texting at the time of the accident and is considered 65% responsible, while you’re 35% responsible. The damages for your claim equal $200,000. Since you’re 35% responsible, you’ll receive 65% of the damages. In this case, you’d receive $130,000.

Or suppose you were hit while jaywalking and the driver was speeding. However, the driver was only 40% at fault. In this scenario, you’d receive no damages. That’s one reason every percentage of fault matters; it can make the difference between a partial settlement and no settlement, and it will impact how much money you receive.

Right Of Way And Pedestrian Duties

Nevada traffic laws determine who has the right of way on roads. There are times when pedestrians have the right of way, such as when crossing at a designated crosswalk with a traffic signal.

However, pedestrians do not have the right of way in the following scenarios:

• Crossing against a traffic signal at a marked crosswalk
• Jaywalking

The obligation to follow traffic laws applies to both drivers and pedestrians. Pedestrians should be alert and monitor traffic in all directions, even when crossing at a marked crosswalk with the traffic signal, because they’re vulnerable if hit.

Drivers should also be vigilant when driving in any location. They’re legally required to yield to pedestrians using marked crosswalks, to be on the lookout for pedestrians, and to use reasonable care to prevent pedestrian accidents.

Distracted driving and other unsafe conduct that cause traffic or pedestrian accidents can be used to establish that the driver did not uphold their duty of care and operated their vehicle in an unsafe manner.

Statute Of Limitations: Your Two-Year Window

Nevada gives pedestrians 24 months to file a lawsuit against the at-fault driver responsible for their accident. Without grounds for an extension, you cannot file a lawsuit after the two-year window.

Grounds for extensions include the following:

• Tolled deadline for minors: The two-year window for filing a legal claim for pedestrians 17 or younger does not start until their 18th birthday.
• Tolled deadline for incapacitation: The countdown to the filing deadline may be tolled, or paused, if the victim is in a coma and unable to take legal action.
• Wrongful death: In cases involving pedestrian fatalities, the statute of limitations counts down from the day the person died, rather than the accident date.

When filing against a government entity, you must file a claim notice within the required time period.

If you’re a pedestrian who was hit by a car in Las Vegas, contacting a personal injury lawyer immediately is the best way to protect your rights. No matter how much merit your claim has, if you do not have the statute of limitations tolled or file within two years of the accident date, you will not be allowed to pursue your claim.

How Long Does A Pedestrian Accident Settlement Take In Nevada?

Accident settlements can take months to years. Factors that determine the time required include the severity of the injuries, whether the pedestrian was partially at fault, and whether multiple drivers were at fault for the accident.

Can I Recover Damages If I Was Jaywalking When Hit By A Car In Nevada?

Under Nevada’s comparative negligence laws, you can seek damages if you were injured in an accident and were less than 51% responsible for the accident.

What Is Uninsured Motorist Coverage And Does It Help Pedestrians?

Uninsured motorist coverage pays for things like lost wages and medical bills if the insured person is in an accident with a motorist who doesn’t have insurance. Uninsured motorist coverage can also cover these expenses for injured pedestrians.

What Happens If The At-Fault Driver’s Insurance Isn’t Enough To Cover My Medical Bills?

If you’re in an accident with an underinsured driver whose insurance can’t cover the full damages, your uninsured motorist coverage can cover those expenses. You can also sue the driver and seek to cover those costs by seizing their assets.

What Is Wrongful Death Compensation If A Pedestrian Dies In An Accident?

Wrongful death compensation covers economic and non-economic damages stemming from the decedent’s death, such as:

• Burial costs
• Funeral costs
• Future lost income
• Loss of consortium
• Medical bills
• Pain and suffering

What To Do If Well-Planned Avoidance Of Pedestrian Accidents Proves Futile Or Fatal

The first priority for pedestrians involved in a traffic collision is prompt medical intervention from a competent provider. You should also insist that both local police and onsite personnel at a privately owned property, like commercial parking lots, make formal incident reports.

If possible and feasible, write down the names and contact information for any bystanders who witnessed the incident, and take pictures of the scene. Additionally, make a written record of the license plate number, vehicle description, insurance policy information, and personal identification for all motorists involved.

Once all the above essentials are taken care of as best as possible, contact us to schedule a free initial consultation for a full case evaluation by an experienced Las Vegas pedestrian traffic accident lawyer.