Pedestrians are especially vulnerable when drivers fail to obey traffic laws or pay attention to their surroundings. If you were struck by a vehicle in Sparks, Nevada, the pedestrian accident lawyers at Maier Gutierrez & Associates can help you pursue compensation for your medical bills, lost wages, and pain and suffering. Our firm is committed to holding negligent drivers accountable and ensuring victims receive the care and recovery support they need. Do not face the insurance companies alone—call 775-406-8981 today to schedule your free consultation and speak with an attorney who will fight for your rights.
Can Pedestrians Be Partially at Fault for an Accident?
When a pedestrian is hit by a vehicle, most people assume the driver is automatically at fault. While drivers have a duty to look out for pedestrians and follow traffic laws, Nevada law recognizes that pedestrians also have responsibilities when using the road. In some cases, a pedestrian can be found partially at fault for an accident. Understanding how fault is determined can make a significant difference in the outcome of a personal injury claim in Sparks.
Understanding Nevada’s Comparative Negligence Rule
Nevada follows a legal principle known as modified comparative negligence. This rule means that more than one person can share responsibility for an accident. A pedestrian can still recover compensation even if they are partly at fault, but their damages will be reduced based on their percentage of fault.
For example, if a court finds that a pedestrian was 25% responsible for the accident and the driver was 75% responsible, the pedestrian’s compensation would be reduced by 25%. If the total damages were $100,000, the pedestrian would receive $75,000.
However, Nevada law also places a limit on recovery. If a pedestrian is found to be more than 50% at fault, they cannot recover compensation from the other party. This rule makes determining fault a crucial part of any personal injury case involving a pedestrian.
How Pedestrians Can Be Considered Partially at Fault
There are several ways a pedestrian may share responsibility for an accident. Even though pedestrians are generally given the right of way in many situations, they still must follow traffic laws and act with reasonable care for their own safety. Common scenarios that can lead to shared fault include:
- Jaywalking – Crossing the street outside of a designated crosswalk is one of the most frequent reasons pedestrians are found partially at fault. Drivers may not expect someone to cross in an unmarked area, reducing their reaction time.
- Crossing Against a Signal – When a pedestrian crosses during a red light or a “don’t walk” signal, they are violating traffic laws. If an accident occurs, that violation can significantly impact their share of fault.
- Distracted Walking – Just as distracted driving is dangerous, walking while texting or wearing headphones can prevent a pedestrian from noticing oncoming traffic or changing signals. This behavior may contribute to fault if it played a role in the collision.
- Suddenly Entering Traffic – If a pedestrian steps into the road unexpectedly, even a cautious driver may not have enough time to stop. In such cases, both the pedestrian’s and driver’s actions will be analyzed to determine fault.
- Walking While Intoxicated – Impaired pedestrians may make unsafe decisions, like walking in traffic lanes or ignoring signals. This can increase their share of liability in an accident.
- Ignoring Designated Paths – In areas where sidewalks or pedestrian paths are available, walking in the roadway can be seen as negligent, especially if it forces vehicles to swerve or stop suddenly.
Driver Responsibility in Pedestrian Accidents
Even when pedestrians share some fault, drivers still carry a heavy legal responsibility. Motorists must follow all traffic laws, remain alert, and avoid reckless behavior. Under Nevada law, drivers must:
- Yield to pedestrians in marked crosswalks
- Slow down in school zones and residential areas
- Refrain from distracted or impaired driving
- Exercise extra caution when visibility is poor
If a driver is speeding, texting, or under the influence, their negligence may outweigh any minor mistakes made by a pedestrian. The court will consider all contributing factors before assigning fault percentages.
How Investigators Determine Shared Fault
Determining who is at fault in a pedestrian accident often requires a detailed investigation. Attorneys and insurance adjusters will review a wide range of evidence, including:
- Police reports that document statements from both parties and witnesses
- Surveillance footage from nearby businesses or traffic cameras
- Accident reconstruction reports to determine vehicle speed and stopping distance
- Witness statements that describe what each party was doing before the collision
- Cell phone records to check for distracted behavior
- Toxicology results if impairment is suspected
This evidence helps clarify the sequence of events and supports an argument for or against shared liability. Because pedestrian accidents often rely on small details, gathering evidence quickly is essential.
The Role of Comparative Negligence in Settlements
In most pedestrian accident cases, insurance companies use the concept of comparative negligence when negotiating settlements. Adjusters often try to argue that the pedestrian shares some blame to reduce the payout amount. For example, they might claim the pedestrian was distracted, wearing dark clothing at night, or crossing in an unsafe place.
This is where having legal representation becomes critical. A personal injury lawyer in Sparks can challenge these claims by presenting strong evidence that the driver’s negligence was the primary cause of the accident. Without legal help, pedestrians may be pressured into accepting a lower settlement than they deserve.
Why Fault Matters in Compensation
The percentage of fault directly affects how much compensation a pedestrian can recover. Compensation in pedestrian accident cases often covers:
- Medical bills and rehabilitation costs
- Lost wages from missed work
- Pain and suffering
- Long-term disability or disfigurement
- Emotional trauma and mental anguish
Since Nevada’s comparative negligence rule reduces compensation according to fault, every percentage point matters. A strong legal case can make the difference between a full recovery and a significantly reduced settlement.
Steps to Take After a Pedestrian Accident
If you are a pedestrian injured in an accident, your actions immediately after the incident can impact your ability to recover compensation. Here are important steps to take:
- Call 911 and report the accident. A police report is vital for documenting the details and establishing fault.
- Seek medical attention right away, even if your injuries seem minor. Medical records provide essential evidence of harm caused by the accident.
- Gather evidence by taking photos of the scene, crosswalks, signals, and any visible injuries.
- Get witness contact information in case their statements are needed later.
- Avoid admitting fault or apologizing at the scene. Fault should be determined through an investigation, not assumptions.
- Contact a personal injury lawyer to evaluate your case and handle communication with insurance companies.
An attorney can help ensure that your rights are protected and that any shared fault claims are fairly evaluated.
Defenses Often Used Against Claims
Insurance companies and defense attorneys may use several arguments to shift blame to the pedestrian. Common defenses include:
- The pedestrian crossed outside a crosswalk or against the signal
- The pedestrian was distracted or using a mobile device
- The pedestrian’s actions were unpredictable or unsafe
- The driver could not have avoided the collision
A knowledgeable attorney can counter these defenses by showing evidence of the driver’s negligence or demonstrating that the pedestrian’s actions did not meaningfully contribute to the crash.
Pedestrian accidents are often more complex than they appear. In Sparks, a pedestrian can share fault for an accident, but that does not necessarily prevent them from recovering compensation. Nevada’s comparative negligence law allows injured pedestrians to seek damages as long as they are not more than 50% responsible.
Because determining fault depends on evidence and legal interpretation, working with an experienced personal injury attorney can make a significant difference. A lawyer can investigate the accident, negotiate with insurers, and ensure that your rights are fully protected.
Protect Your Rights After an Accident with a Sparks Pedestrian Accident Attorney
If you were injured while walking in Sparks, Nevada, you deserve an advocate who will stand up for your rights and fight for fair compensation. The pedestrian accident attorneys at Maier Gutierrez & Associates are committed to helping victims rebuild their lives after being struck by negligent drivers. We understand the physical, emotional, and financial challenges that follow a serious injury, and we will work diligently to secure the recovery you need. Don’t delay in getting the legal help you deserve—contact our office today at 775-406-8981 for a free consultation and start your path toward justice.