CROSS WALK ACCIDENTS IN HENDERSON AND LAS VEGAS

It is a sad fact that cross walk accidents are common in our community in Henderson, Nevada.  Sadly at least 12 pedestrians were killed or seriously injured  in Southern Nevada Cross walk accidents in December 2022 alone.  In just one of these accident an SUV with was traveling southbound on Boulder highway near Gibson Road before hitting a pedestrian and driving away, Henderson Police said. This cross walk accident at Gibson and Boulder Highway in Henderson caused life threatening injuries to the pedestrian crossing the road in the cross walk.  https://www.8newsnow.com/news/local-news/pedestrian-hospitalized-after-hit-and-run-driver-at-large-henderson-police-say/

Sadly, pedestrian deaths in Nevada rose 5 percent from 2021 to 2022, accounting for 88 deaths last year, while cyclist deaths jumped 114 percent, going from seven in 2021 to 15 in 2022. Of the previous three decades, last year was the fifth deadliest on Nevadan roadways. The Nevada Department of Public Safety released recent data showing that 382 people died on Nevada roadways in 2022, just three fewer than the total number of deaths recorded in 2021. https://www.reviewjournal.com/local/traffic/2022-one-of-deadliest-on-nevada-roads-in-decades-2709242/

ARE ALL CROSSWALKS MARKED WITH WHITE LINES?

The answer is no. A Crosswalk is the narrow area perpendicular to a street where pedestrians may cross that street.  Some crosswalks are controlled by traffic signals but not all  have traffic signals indicating when exactly pedestrians may cross the road.  Under Nevada law, crosswalks are  in all intersections in Nevada.   Sometimes the crosswalks are evident by the  white bars on the roadway.  However, there  unmarked crosswalks are called “implied crosswalks.”  And often, crosswalks are located in the middle of a street and not only at intersections. Crosswalks in the middle of streets will be marked by the white lines. As a general rule, drivers must yield to pedestrians in intersections or at crosswalks waiting to cross the road.  Specifically, Nevada law states as follows:

   NRS 484B.283  Right-of-way in crosswalk; impeding ability of driver to yield prohibited; overtaking vehicle at crosswalk; obedience to signals and other devices for control of traffic; additional penalty if driver is proximate cause of collision with pedestrian or if violation committed in pedestrian safety zone.

      1.  Except as otherwise provided in NRS 484B.287, 484B.290 and 484B.350:

      (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 onto which the vehicle is turning, 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,” “Don’t Walk,” “Wait” or similar symbols are in place, such signals indicate as follows:

             (1) While the “Walk” indication or walking person symbol 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” or “Wait” indication or an upraised hand symbol is illuminated, is flashing and is accompanied by a countdown timer, a pedestrian may proceed across the highway in the direction of the signal, but must complete the crossing before the countdown timer gets to zero.

             (3) While the “Don’t Walk” or “Wait” indication or an upraised hand symbol is illuminated and flashing but is not accompanied by a countdown timer, a pedestrian may not proceed to cross the highway, but a pedestrian who entered the highway lawfully pursuant to subparagraph (1) may continue to cross the highway but must proceed to a curb, sidewalk, safety zone if one is provided or other place of safety before the “Don’t Walk” or “Wait” indication or an upraised hand symbol is illuminated and steady.

             (4) While the “Don’t Walk” or “Wait” indication or an upraised hand symbol is illuminated and steady a pedestrian may not proceed to cross the highway, but a pedestrian who entered the highway lawfully pursuant to subparagraph (1) or (2) may continue to cross the highway but must proceed to a curb, sidewalk, safety zone if one is provided or other place of safety as soon as possible.

      2.  If, while violating paragraph (a) or (c) of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.135.

      4.  As used in this section, “half of the highway” means all traffic lanes of a highway which are designated for traffic traveling in one direction, and includes the entire highway in the case of a one-way highway.

      (Added to NRS by 1969, 1492; A 1981, 669, 1918; 2003, 364; 2011, 1634; 2015, 1567; 2019, 3100)—(Substituted in revision for NRS 484.325)

The statute establishes that there are crosswalks at intersections even if there are not marked white lines.  Therefore,  crosswalks exist at every intersection between the edges of two sidewalks. Thus,  there is a crosswalk at every street corner in Henderson and Las Vegas.  Some of these crosswalks are marked with white lines and some are unmarked. Both marked and unmarked crosswalks are treated the same under Nevada law.

Nevada’s Crosswalk Statutes Are to Protect Pedestrians

Nevada Pedestrians have the right-of-way at crosswalks, whether the crosswalk is marked or unmarked.  That being said, there are also rules requiring pedestrians to yield to traffic is specific situations.  Those rules are contained in NRS 484B.287 as follows:

NRS 484B.287  When pedestrian must yield right-of-way to vehicle; when crossing at crosswalk is required; crossing diagonally; penalty.

      1.  Except as provided in NRS 484B.290:

      (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.

      2.  A violation of this section:

      (a) Is not a misdemeanor; and

      (b) Is punishable by the imposition of a civil penalty of not more than $100.

      (Added to NRS by 1969, 1493; A 1981, 670, 1919; 2015, 1568; 2021, 380)—(Substituted in revision for NRS 484.327)

This statute requires that Pedestrians are not allowed to suddenly leave a sidewalk and dash into a crosswalk when an oncoming vehicle is so close that it may be impossible for the driver to stop in time.  In addition, when the “Don’t Walk” sign is lit up, pedestrians who are already in the crosswalk may finish crossing but pedestrians on the sidewalk may not begin crossing on the “Don’t Walk” sign.  Nevada law also requires (in a separate statute NRS 484B.293) pedestrians to walk on the right half of crosswalks whenever practical.  Finally, Pedestrians are never allowed to cross an intersection diagonally.

Nevada “Jaywalking” Law (NRS 484B.287).

Pedestrians are not allowed to cross a street outside of a marked or unmarked crosswalk and must yield to oncoming traffic.  Therefore, vehicles have the right of way outside of a crosswalk, whether marked or unmarked and pedestrians must yield to oncoming traffic.  Pedestrians who enter the roadway outside of crosswalks can receive a citation. It is a misdemeanor in Nevada for pedestrians to walk on a road when a sidewalk is provided.  It is also illegal to stand on a road to “hitch-hike.”

Can I Bring A Claim For A Collision In A Crosswalk?

A pedestrians hurt by a motorist who illegally entered the crosswalk may be entitled to file a claim for damages against the motorist (the “defendant”), including negligence in Nevada and negligence per se in Nevada. In Nevada, the pedestrian (the “plaintiff”) may also be able to bring a respondeat superior claim against the driver’s company if the driver was working at the time. Additionally, the pedestrian’s estate and family may file a wrongful death action in Nevada if the pedestrian was fatally injured in the collision.  The statute of limitations in Nevada for filing a personal injury lawsuit after a car accident is two (2) years.

What Type of Damages Can I Recover in a Cross Walk Accident?

In Nevada, compensatory damages may be available to those hurt in a crosswalk car accident to pay for their expenses for medical care, lost wages, loss of future earnings, and pain and  suffering.  In some cases, punitive damages may also be awarded by the judge in a pedestrian accident case, however this is uncommon. Punitive damages are intended to penalize the defendant.

The plaintiff may still be entitled to damages even if they may have contributed to the accident in some way, such as talking on their phone and not looking at the light. As long as the defendant driver  bore at least 50% of the blame for the injuries, victims may still be entitled to financial compensation under Nevada’s comparative negligence statutes.

Some crosswalk accidents are wholly the pedestrian’s fault. For instance, if a pedestrian runs out into the street with no warning while an oncoming car is close, the driver may have a claim against the pedestrian if the driver ends up swerving and hitting a light pool for example.

Type of Injuries Sustained in Crosswalk Accidents

In the event of a collision between a car and a pedestrian, the pedestrian is always the loser. This is particularly valid if the car is a truck or another sizable vehicle. Common injuries include organ damage, fractured bones, severe bruising, spinal injuries, burn injuries, traumatic brain injury or even death.

https://ots.nv.gov/programs/fars/

What You Should Do Following a Cross Walk Accident?

Injuries form someone’s negligence in crosswalk accidents can be serious and cause great financial burden. At TheOneLawyer.com we can help with the financial strain and help you to receive the medical treatment that you need.  If you or someone that you love has been injured due to the negligence of another, call our office right away. We have over 20 years’ experience helping people recover from their injuries and recoup financial losses following these type of accidents.  If you have a question about any type of accident involving a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call us at 702-450-4868.

PRACTICING GRATITUDE – WEEKLY AFIRMATION

Practicing gratitude for our everyday joys is important for our overall mental wellbeing.  In the modern age our lives are packed with pressure and difficulty daily.  Without gratitude, we can be easily exhausted.   On this day, I am grateful for this beautiful crisp Sunday morning and my peaceful morning walk with my fur baby Lola. By practicing gratitude consistently, we will all be kinder and gentler humans. Each of my blogs will contain something I am grateful for and at this time next year, they will be listed. I hope that you will also have a long list by the end of 2023. I hope that by reflecting on gratitude, I will find the positive of everyday, even the days that are stressful and overwhelming. In our practice we fight relentlessly with corporations for our clients every day and we are grateful you have chosen TheOneLawyer.com to fight you and your family after an accident.  We are here to  help you recover the injuries and pain a suffering you have endured from an accident.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032.

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