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Pedestrians and Driver Liability

In the case of pedestrian accidents, there is an issue of when a pedestrian is using a marked crosswalk and when they are using an unmarked crosswalk. Obviously the safest path across a street is to take the marked crosswalk but that may not be an option.

If the pedestrian is crossing a street mid-block, there may be an instance of contributory and comparative negligence. This means that there will be a factual determination as to which party is more at fault. It is really more a question of comparative negligence. In Nevada, if the pedestrian who was crossing was mid-block or otherwise negligent, and there is a finding that the pedestrian is 51% or more at fault, they may not have an opportunity to recover anything. But even when a pedestrian is in a unmarked crosswalk, the vehicle still has to yield the right of way to the pedestrian.

If you were injured as a pedestrian, you should meet with an experienced personal injury lawyer and discuss your specific facts and circumstances.