Determining fault in a pedestrian accident involving a distracted driver is rarely as simple as blaming the person behind the wheel. Many factors come into play, including how the crash happened, what both the driver and the pedestrian were doing, and how Nevada’s negligence laws apply. A pedestrian injury lawyer can help injured pedestrians understand their rights, gather the right evidence, and pursue compensation. If you’ve been involved in a car accident and need guidance about what to do next, keep reading for more information.
What is Distracted Driving?
Distracted driving occurs whenever a driver’s attention is pulled away from the task of safely operating a vehicle. In the United States, 3,275 lives were claimed from distracted drivers in 2023. And in Nevada alone, 72,797 traffic citations were issued for distracted driving from 2018 to 2021.
The National Highway Traffic Safety Administration divides distracted driving into three categories: visual distractions (taking your eyes off the road), manual distractions (taking your hands off the wheel), and cognitive distractions (taking your mind off driving). A crash can happen in seconds if a driver looks away or becomes mentally absorbed in something else instead of focusing on the road ahead.
For pedestrians, distracted driving is especially dangerous because they have no protection from impact. A driver who is even briefly distracted may fail to notice a person stepping into a crosswalk, a jogger crossing a driveway, or a child entering the street. The combination of vehicle speed and a driver’s delayed reaction time can turn a momentary distraction into a life‑changing or fatal collision.
Common Driver Distractions
Many behaviors can create dangerous distractions, but some are particularly common in pedestrian accidents. The obvious and most frequent cause of distracted driving is the use of cell phones. Reading or sending text messages, scrolling apps, or checking navigation while the vehicle is in motion may seem harmless, but poses a very real danger to everyone. Even hands‑free calls can be risky because they engage a driver’s attention and delay reactions when a pedestrian suddenly appears in front of the vehicle.
Other distractions include eating or drinking, adjusting in‑car controls, interacting with passengers, handling pets, or reaching for objects inside the car. Drivers can also be distracted by external factors such as looking at billboards, crash scenes, or scenery instead of watching the road.
If a driver is distracted and a pedestrian is injured as a result, the driver may be held liable for the pedestrian’s injuries, especially if their distraction contributed to the accident. A pedestrian injury lawyer can help prove that the driver’s distraction was a key factor in the accident and pursue compensation for medical bills, lost wages, and other damages.
Nevada Laws on Distracted Driving
Nevada, like many states, has passed laws aimed at reducing distracted driving. According to NRS 484B.165 explicitly prohibits cell phone use and texting while driving on the road. The law does allow hands-free calls and the use of voice-activated navigation systems, but manual phone use is illegal even at stop lights or stop signs. The only exception to this law is when a person is reporting a crime, medical emergency, safety hazard or situation that requires immediate action because of a threat to the welfare and safety of the driver and others. These laws reflect the serious danger that distracted drivers pose to others and themselves.
Violations of this law carry escalating fines: $50 for the first offense (in seven years), $100 for a second, and $250 for a third or subsequent offense. These fines are subject to doubling if the violation happens in a work zone because of the increased danger in those areas.
How Is Fault Proven in a Pedestrian Accident Case?
Proving fault in a pedestrian accident typically involves showing that the driver was negligent and that this negligence caused the pedestrian’s injuries. In practice, this means demonstrating that the driver owed a duty of care, breached that duty (driving while distracted), and that the breach directly led to the crash and resulting damages. If you’re an accident victim, a pedestrian injury lawyer can help you build a case around a combination of physical evidence, documents, and witness accounts.
Common forms of evidence include police reports, photos or videos from the scene, skid marks in the road, vehicle damage patterns, medical records, and statements from witnesses. In distracted driving cases, phone records, vehicle infotainment system data, dashcam footage, and surveillance video from nearby businesses or homes can be especially important. These pieces of evidence can show whether the driver was using a phone, failed to brake, or ignored a visible pedestrian, all of which support a claim of negligence.
Nevada Negligence Laws
In legal terms, negligence means failing to exercise the level of care that a reasonable person would under similar circumstances. In pedestrian accidents, negligence occurs when a driver (or pedestrian) does not act as a careful person would, such as failing to pay attention, ignoring traffic signals, or driving too fast for conditions. If this failure (breach of duty) causes harm and the victim has suffered physical, emotional, or monetary damages due to negligence, the responsible party can be held responsible.
The state of Nevada recognizes that in some instances no party is 100% at fault. Sometimes, both parties are partially responsible for the accident to a certain degree. This is why the court system follows a modified comparative negligence system. Under this rule, an injured pedestrian can typically recover compensation as long as they are not more than 50 percent at fault for the accident. However, their total recovery is reduced by their percentage of fault. For example, if a pedestrian is found 20% responsible and the driver 80% responsible, the pedestrian’s damages would be reduced by 20%. In these types of cases, it is particularly beneficial to have a pedestrian injury accident lawyer at your side to examine the evidence, argue for a lower share of fault, and maximize the amount of compensation awarded.
Are Pedestrians Ever at Fault in a Car Accident?
Pedestrians have specific responsibilities to help keep themselves and others safe. While drivers have a duty to exercise caution, pedestrians are also required to follow traffic laws and act reasonably to avoid accidents. NRS 484B.283 outlines the following pedestrian responsibilities:
- Pedestrians must use sidewalks or the nearest crosswalk, pedestrian bridge, or tunnel.
- Pedestrians are required to obey all traffic control devices (i.e. signals and signs).
- Pedestrians must stay on the right-hand side of the crosswalk when able.
- If a sidewalk is not available, pedestrians must walk on the left-hand side of the road facing traffic.
- Pedestrians cannot diagonally cross an intersection unless the intersection specifically requires it.
- Pedestrians cannot suddenly enter the path of a vehicle which is so close that it is impossible for a driver to yield.
If a pedestrian has violated any of these laws, they may be held partially responsible for the accident. However, the fact that a pedestrian may have some responsibility does not automatically eliminate the driver’s fault. Drivers still have a duty to remain alert, drive at a safe speed, and try to avoid a collision if possible. It also doesn’t disqualify a pedestrian from receiving compensation for their injuries.
A pedestrian injury lawyer can be your advocate for a fair outcome where both parties may share blame. Nevada’s modified comparative negligence system allows pedestrians to recover compensation as long as their share of fault is not more than 50%.
Next Steps if You’ve Been Involved in a Pedestrian Accident
Knowing what to do right away can help safeguard your health and improve your chances of a successful legal claim. Follow these steps if you find yourself at the scene of a pedestrian accident:
- Call 911 and seek medical attention right away even if your injuries seem minimal.
- Report the accident to the police and request a copy of the report.
- Collect as much evidence as you can. Photos or videos, license plate numbers, and contact information of witnesses will help strengthen your case.
- Avoid making any statements to insurance companies. Insurance adjusters may try to minimize your claim, so it’s best to wait until you have legal advice before discussing the accident.
- Reach out to a pedestrian injury attorney. A lawyer will listen to the details of your accident, determine if you have a viable pedestrian accident case, and then guide you through the legal process so you get the damages you deserve.
Contact A Pedestrian Injury Lawyer at Friedman & Throop
If you’ve been injured in a pedestrian accident involving a distracted driver, contact Friedman & Throop today for a free consultation. Our team of pedestrian injury accident lawyers can help you understand your rights, build a strong case, and pursue the compensation you need to help you recover and get your life back on track.
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