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.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]