Category Archives: Pedestrian Injuries

KEEP YOURSELF AND YOUR FAMILY SAFE FROM PEDESTRIAN ACCIDENTS

Sadly, Nevada repeatedly ranks in the top ten states for pedestrian fatalities.  I know you are thinking it is because we have so many tourists.  However, almost 90 percent of the victims are local residents of Nevada.  Whether driving or as the pedestrian, there are some safety tips you should always bear in mind.             http://www.dmvnv.com/pdfforms/qtpedestrian.pdf

  • Crosswalks: A crosswalk exists at any intersection. It does not matter if  there are

markings on the ground or not. (NRS 484A.065)

  • Drivers: Must use due care to avoid a collision with a pedestrian at all times.

(NRS 484B.280)

  • Pedestrians: Are required to use the sidewalk and the nearest crosswalk, pedestrian

bridge or tunnel when they are available

  • Signals:    A steady hand means do not enter the intersection, A FLASHING

HAND means do not enter but those in the crosswalk may finish, and

a WALKING PERSON means you may enter if it is safe.

Unfortunately, 2017 was the deadliest year ever recorded for Nevada pedestrian accidents.  https://www.reviewjournal.com/traffic/2017-was-deadliest-year-for-pedestrians-in-las-vegas-valley/  In Nevada, there were 78 pedestrian fatalities in 2017 as opposed to 58 in 2016,  and 60 in 2015 which was the previous record holder.   Many may argue that the legalization of marijuana in Nevada is to blame.  However, it is reported that none of these fatalities involved marijuana impaired drivers.  Unfortunately, some of these tragic accidents did involve drivers who were impaired by alcohol.  Most resulted from distracted pedestrians who were looking at their cellphones while crossing at intersections.   Always remember the age old rule, look both ways before you cross the street.  Some fatalities occurred by pedestrians jaywalking and failing to obey the rules of the road for pedestrian crossings.

Nevada is trying to make our roads and highways safer for pedestrians.  The Nevada Department of Transportation is planning a three million dollar project to install flashing beacons, wider medians and crosswalks at eight intersections and midblock segments of Boulder Highway in Las Vegas, Nevada.  Boulder Highway has been called the deadliest stretch of road in Nevada with nine pedestrian fatalities on that road in 2017.  Even with projects underway to improve pedestrian safety, the best advice is to follow the rules for pedestrian traffic and stay safe.

The Rules of the Road for the state of Nevada are outlined in chapter 484B in the NRS and NRS 484B.280 thru NRS 484B.297 and following these rules can keep you and your family safe and avoid pedestrian accidents. The following is a summary of these codes:

Driver’s must “exercise due care to avoid a collision with a pedestrian.”  This means that drivers must avoid hitting a pedestrian at all times if possible.  If a driver thinks he cannot avoid the collision, he must “give an audible warning with the horn of the vehicle if appropriate.”   When a driver sees a pedestrian on a or near a highway or street, or near a bus stop or near a school, he must use due care while driving.

Clients often ask the question of “who has the right of way” when a pedestrian is involved.  NRS 484B.283 provides the rules for pedestrian crossings and states as follows:

(a) When official traffic-control devices are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

(b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.

(d) Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:

(1) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.

(2) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed the crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

(3) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.

(4) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307.  . . . .

      NRS 484B.287 outlines when a pedestrian must yield right-of-way to vehicle; when crossing at crosswalk is required; rules for crossing diagonally; and additional penalty if violation occurs in pedestrian safety zone.       NRS 484B.287 states as follows:

(a) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.

(b) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.

(c) Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.

(e) When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements. . . .

It is important to note that there is a special provision for all blind persons which is  NRS 484B.290  which give Right-of-way to all persons who are blind and requires all drivers who approach a blind pedestrian who is using a service animal or carrying a cane or walking stick that is white or white tipped with red has the right of way and any driver approaching shall come to a stop and take precautions before proceeding into the intersection.

NRS 484B.293  states that  “Pedestrians shall move whenever practicable upon the right half of crosswalks. NRS 484B.297  states that “where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent highway.”  When a sidewalk in not available, pedestrians are required to  walk on the left side of those highways facing the approaching traffic.  It is also against the law to solicit money or a ride on the side of the road as a pedestrian from passing drivers, although this is sadly, frequently seen in our state.

It is against the law for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.

https://www.leg.state.nv.us/NRS/NRS-484B.html

If you or a loved one is injured as a pedestrian, call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

SCHOOL ZONE REGULATIONS AND RULES FOR VEHICLES

It’s that time of year again. Kids are back in school,  school zone lights are flashing, and the police are out in force enforcing the law in school zones. However, sometimes drivers don’t always recognize the law in a school zone. Flashing lights and speed limit signs are self-explanatory. But some regulations are a little bit more obscure.  A brief review of these rules can help drivers in Henderson and drivers in Las Vegas and especially our kids stay safe and drivers free from penalties.

MOST IMPORTANT RULES IN A SCHOOL ZONE:

  • Stop immediately for the crossing guard;

2) Stop for a school bus when traveling in the same direction or on a

roadway that is non-divided traveling the opposite direction;

3) Remember school buses are not permitted to drive over 55 miles per hour so drive accordingly;

4) The speed limit in front of a school is 15 miles an hour while lights are flashing;

5) U-turns are not permitted in front of a school when children are present;

6) Always use extreme caution in a school zone and never be distracted by cell phone or radio. Put our children safety first.

The following are the statutes in Nevada which govern traveling in a school zone:

OBEY THE CROSSING GUARD

NRS 484B.350  Stop required in obedience to direction or traffic-control signal of school crossing guard; penalty; additional penalty if driver is proximate cause of collision with pedestrian or person riding bicycle.

1.  The driver of a vehicle:

(a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and

(b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.

2.  A person who violates subsection 1 is guilty of a misdemeanor.

3.  If, while violating subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

4.  As used in this section, “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.

NEVER PASS A STOPPED SCHOOL BUS WHILE THE SIGNS ARE OUT

 NRS 484B.353  Overtaking and passing school bus: Duties of driver; exceptions; penalties.

1.  Except as otherwise provided in subsection 2, the driver of any vehicle, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring the vehicle to an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.

2.  The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus where traffic is controlled by a traffic officer.

3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor and:

(a) For a third or any subsequent offense within 2 years after the most recent offense, shall be punished by a fine of not more than $1,000 and the driver’s license of the person must be suspended for not more than 1 year.

(b) For a second offense within 1 year after the first offense, shall be punished by a fine of not less than $250 nor more than $500 and the driver’s license of the person must be suspended for 6 months.

(c) For a first offense or any subsequent offense for which a punishment is not provided for in paragraph (a) or (b), shall be punished by a fine of not less than $250 nor more than $500.

BUS DRIVERS ARE ALLOWED TO REPORT VIOLATORS

NRS 484B.357  Report by driver of school bus of failure of driver of vehicle to stop; submission of report to school district and Department; provision of notice to owner of vehicle.

1.  The driver of a school bus who observes a violation of NRS 484B.353 may prepare a report of the violation. The report must be signed by the driver and include:

(a) The date, time and approximate location of the violation;

(b) The number and state of issuance of the license plate of the vehicle whose driver committed the violation; and

(c) An identification of the vehicle by type and color.

2.  The driver of a school bus who prepares a report pursuant to subsection 1 shall, within 2 working days after the violation, send the report to the superintendent of the school district and a copy to the Department, which shall thereupon mail to the last known registered owner of the vehicle a notice containing:

(a) The information included in the report;

(b) The provisions of NRS 484B.353; and

(c) An explanation that the notice is not a citation but a warning of the seriousness of the violation.

MAXIMUM SPEED OF A SCHOOL BUS

 NRS 484B.360  Maximum speed of school bus.  A school bus shall not exceed:

1.  A speed of 55 miles per hour when transporting pupils to and from school; or

2.  The speed limit posted by a public authority for the portion of highway being traversed when  transporting pupils to and from any activity which is properly a part of a school program.

SCHOOL ZONE SPEED RULES

NRS 484B.363  School zone or school crossing zone: Speed limit; designation; signs; U-turn and overtaking another vehicle prohibited; determination of hours in which speed limit is in effect; additional penalty if driver is proximate cause of collision with pedestrian or person riding bicycle.

1.  A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:

(a) On a day on which school is not in session;

(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

2.  A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:

(a) On a day on which school is not in session;

(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

3.  The driver of a vehicle shall not make a U-turn in an area designated as a school zone or school crossing zone except:

(a) When there are no children present;

(b) On a day on which school is not in session;

(c) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(d) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(e) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.

4.  The driver of a vehicle shall not overtake and pass another vehicle traveling in the same direction in an area designated as a school zone or school crossing zone except:

(a) On a day on which the school is not in session;

(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation;

(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or

(d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone or school crossing zone indicates that the speed limit is not in effect.

5.  The governing body of a local government or the Department of Transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.

6.  Each such governing body and the Department of Transportation shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.

7.  With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his or her designee, in conjunction with the Department of Transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.

8.  If, while violating any provision of subsections 1 to 4, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

9.  As used in this section, “speed limit beacon” means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.

SCHOOL ZONE SIGNS ARE UNIFORM IN ALL SCHOOL ZONES

NRS 484B.367  School zone or school crossing zone: Requirements for signs; placement of portable signs.

1.  Each permanent sign which designates a school zone or school crossing zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.

2.  Each portable sign designating a school zone or school crossing zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed on or beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.

If you or a loved one is injured in an accident call our office immediately and we will make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.

At the Law Offices of Laura Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.