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 and valet areas, 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. Pedestrians make up roughly a third of the traffic deaths in Clark County each year.
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. A Las Vegas pedestrian accident lawyer gathers that evidence before it disappears and deals with the driver's insurance company for you.
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 gives most injury victims two years to file — see our Nevada injury claim deadlines page.
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. Under NRS 484B.283, a driver must slow down or stop for a pedestrian crossing in a crosswalk on the driver's half of the road, or close enough on the other half to be in danger. A driver may not pass a car that has stopped at a crosswalk until the driver knows it did not stop for a pedestrian. When a pedestrian signal shows "Walk" or the walking person symbol, every driver must yield to the people crossing. A pedestrian may not suddenly step off the curb into the path of a car that is too close to stop. Under NRS 484B.280, every driver must also use due care to avoid hitting a pedestrian, sound the horn when needed, and take extra caution near bus stops, school zones, and crosswalks.
A marked crosswalk is painted on the road. An unmarked crosswalk can exist at some intersections even without painted lines: under Nevada's crosswalk definition, NRS 484A.065, it is the part of the street where the sidewalks on each side would connect. Traffic signals, pedestrian signals, countdown timers, and pedestrian bridges can also change the answer. Outside a crosswalk the rules flip. Under NRS 484B.287, a pedestrian crossing mid-block must yield to traffic, must cross only at marked crosswalks between two signalized intersections, and must yield to all vehicles when crossing at street level where a pedestrian bridge has been built. Crossing outside a crosswalk is a civil violation with a penalty of no more than $100, not a crime. 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, because the driver's duty of due care applies everywhere.
Pedestrian Accidents on the Las Vegas Strip
Las Vegas Boulevard packs crowds leaving shows and nightclubs next to several lanes of traffic. Add rideshare and taxi pickups, tour buses, and drivers watching for a casino entrance instead of the crosswalk, and visitors are hit there every year. Many Strip intersections have pedestrian bridges, and the street-level crossing is fenced off. Where a bridge exists, a pedestrian who crosses at street level must yield to every vehicle, so the insurance company will argue the pedestrian caused the crash. That argument is not the end of the case. The driver still had to use due care, and speed, phone use, alcohol, and how far away the pedestrian was visible all come into it.
The Strip sits in unincorporated Clark County, so the Las Vegas Metropolitan Police Department investigates Strip crashes. Casino and hotel cameras cover almost every foot of the sidewalk, driveway, and street in front of each property. The properties do not hand that video to the public, and most systems record over themselves within days or weeks. Our pedestrian accident attorneys contact the businesses with cameras pointing to where the crash happened, and we look for the police body camera video and any traffic camera archive. Our guide to getting traffic camera footage after a Las Vegas crash explains what exists and how quickly it disappears.
Casino Driveways, Valet Areas and Parking Lots
Many Las Vegas pedestrian crashes never happen on a public street. They happen in the driveway of a casino, in a valet lane, at a rideshare pickup zone, or in a parking garage where a driver is looking for a space instead of a person. Nevada's rules of the road apply on private property that the public is invited to use, including parking lots, parking garages and hotel driveways, under NRS 484A.185. A driver who hits a pedestrian in a casino driveway owes the same duty of care as a driver on the Strip. Valet and rideshare areas are especially dangerous because cars are pulling in, backing up and pulling out at the same time while people step between them with luggage and phones.
One thing is different about a crash on casino property: police may not respond to a low-speed crash in a driveway or lot unless someone is clearly hurt. Report the crash to security and to the police anyway, get the driver's name, plate and insurance, and ask security to save its video before you leave. If the driver was working for Uber or Lyft, see our Las Vegas Uber and Lyft accident lawyers page. The rideshare company's insurance may cover a pedestrian the driver hits while on the app.
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. Many of the valley's pedestrian deaths happen after dark on wide, fast streets such as Boulder Highway, Charleston Boulevard, Flamingo Road and Tropicana Avenue, where the crosswalks are far apart.
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. If the driver was drunk, see our Las Vegas drunk driving accident lawyers page. If you were on a bicycle, an e-bike or a scooter, our Las Vegas bicycle accident lawyers page covers Nevada's three-foot passing rule and the coverage that applies to a rider.
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. Our guide explains how to get your Las Vegas crash report from each police department. 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, and the recovery is reduced by the injured person's percentage. See Nevada's comparative fault rule, NRS 41.141. A pedestrian found 30 percent at fault for crossing mid-block still recovers 70 percent of the damages; a pedestrian found 51 percent at fault recovers nothing. That is why it is important not to accept the insurance company's first version of events without checking the evidence.
The Driver's Insurance Pays for the Injuries the Driver Causes
The driver's liability insurance is the first policy to review. It pays for the injuries the driver causes to other people, including a pedestrian. 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 of the minimum coverage law. Many Las Vegas drivers carry only those minimums, and a pedestrian with a broken hip can run through $25,000 before leaving the hospital.
After a serious crash we also check whether another policy applies. That includes the owner of the car if someone else was driving, an employer if the driver was working, Uber or Lyft if the driver was on the app, and an umbrella policy. Our post on whose insurance to call after a crash explains how to find the driver's policy.
If the Driver Fled or Had No Insurance: Your Own Uninsured Motorist Coverage
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 coverage follows you as a person, so you do not have to be in your car for it to apply. Nevada does not require you to buy it, but your insurance company had to offer it to you in an amount equal to your own injury limits, under NRS 687B.145. The answer is not always obvious, so every possible policy should be reviewed.
A hit-and-run driver counts as uninsured under NRS 690B.020 only when the car made physical contact with you and the crash was reported to the police within the time the law allows. Both are easy to meet if you call 9-1-1 from the scene. Our guide to reporting a hit and run in Las Vegas covers the steps and what the police do next, and our Las Vegas hit and run accident lawyers page explains how we find the driver and handle the claim. An uninsured motorist claim is a claim against your own insurance company, and your company handles it like any other claim: it questions fault, the injury and the treatment, and pays only what it has to. A Las Vegas pedestrian accident attorney proves the driver's fault and your damages, then makes sure your insurer honors the coverage you paid for. Medical payments coverage on your policy, if you bought it, pays early bills regardless of fault.
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. Our Las Vegas wrongful death lawyers page explains who can bring the claim and what a family can recover.
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. There is no standard settlement for being hit by a car; the value of a pedestrian claim depends on the injuries, the treatment, the proof of fault, and the insurance available.
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, and it satisfies the police report rule for a hit-and-run claim on your own policy. 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, and tell your own auto insurance company about the crash so your uninsured motorist coverage is not lost, 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 decide it. 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. A pedestrian who stepped off the curb when the car was too close to stop can share the blame.
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, because crossing outside a crosswalk is a civil violation, not a bar to recovery, and Nevada's comparative fault rule allows recovery as long as the pedestrian's share of fault is not greater than the driver's. The driver's speed, attention, lighting, road design, and ability to avoid the crash still count, 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. If the driver is never found, the uninsured motorist coverage on your own auto policy or a household policy pays for your injuries, as long as the car made contact with you and you reported the crash to the police. See our Las Vegas hit and run accident lawyers page.
Does my car insurance cover me if I am hit by a car while walking?
It can. Uninsured and underinsured motorist coverage and medical payments coverage follow you as a person, so they apply when you are hit as a pedestrian, not only when you are in your car. Check your own policy and any policy in your household that lists you as a family member, and report the crash to that insurer as well as the driver's.
Can I cross the Strip anywhere?
No. Where a pedestrian bridge has been built, a pedestrian who crosses at street level must yield to every vehicle under NRS 484B.287, and between two signalized intersections a pedestrian may cross only in a marked crosswalk. A pedestrian hit while crossing mid-block on Las Vegas Boulevard can still recover if the driver was speeding, distracted or impaired, but the insurance company will argue shared fault.
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 the investigation has to start early.
