The Dangers of Drinking and Walking in Nevada
Drinking and walking may seem like a lesser risk compared to driving while intoxicated, but walking drunk significantly raises the chance of pedestrian accidents in Nevada. Many pedestrian accidents happen because individuals under the influence fail to follow pedestrian signals, cross at a designated crosswalk, or yield to oncoming traffic.
Pedestrians killed in alcohol-related incidents often miss the safe zones like marked crosswalk areas or step into roads with poor visibility. On Boulder Highway and other major stretches, the speeds of passing cars can be high, leaving little reaction time for drivers and pedestrians to avoid collisions. In these scenarios, simple mistakes like stepping off the curb prematurely can spark a serious accident.
Under Nevada law, a pedestrian under the influence still shares responsibility for following traffic rules. Jaywalking occurs more often when a person is distracted, disoriented, or unaware of crossing guidelines. A combination of alcohol and busy roads can result in pedestrian deaths, devastating families, and causing emotional suffering.
Common Causes and Contributing Factors
Nevada pedestrian accidents can happen for a range of reasons. While alcohol plays a role, it is not the only concern. Below are some common contributors to pedestrian accidents:
- Distracted driving: Using phones, adjusting music, or eating while behind the wheel can cause a driver to miss seeing pedestrians in time.
- Ignoring traffic laws: Drivers sometimes speed well above the speed limit, run red lights, or fail to yield at a pedestrian crossing.
- Poor roadway conditions: Pedestrian traffic accidents may happen when streets lack proper lighting or traffic signs are missing.
- Limited visibility: Moving traffic in dim areas can obscure a person crossing the road, increasing the danger of a serious accident.
- Walking drunk: Drunk pedestrians may wander outside of marked crosswalk areas, step in front of oncoming traffic, or ignore caution signals.
Because of these factors, accidents in Las Vegas and other parts of the state can be severe. If a car accident involves a pedestrian, the person on foot often faces severe injuries. This would lead to mounting medical expenses and a lengthy recovery. The worst-case scenario would be pedestrian fatalities.
Determining Fault in Alcohol-Related Pedestrian Accidents
Anyone involved in an alcohol-related pedestrian accident must understand how fault is determined. This knowledge can help both drivers and pedestrians handle the legal process and seek fair compensation for their injuries and losses.
When Is the Driver at Fault?
Drivers must yield to pedestrians at crosswalks and adhere to traffic signals and speed limits. Failure to do so can result in the driver being liable for pedestrian accidents. However, drivers are not always responsible for accidents involving intoxicated pedestrians. Determining fault requires a thorough investigation of the accident’s circumstances.
Insurance policies usually provide coverage for pedestrian accidents. However, the level of coverage varies based on fault and the policy’s limits. Even if a pedestrian is hit, the driver may not be held liable if the pedestrian’s actions contributed significantly to the accident. Establishing liability involves proving that the driver failed to exercise reasonable care.
When Is the Pedestrian at Fault?
In Nevada, pedestrians can be deemed liable for accidents if they are less than 50% responsible. Reckless behaviors, such as jaywalking or stepping into traffic suddenly, make pedestrians liable for accidents. If a pedestrian’s actions are found to be the primary cause of the accident, they may not hold the driver liable.
Even if pedestrians are less than 51% at fault, they can still pursue compensation for their injuries. However, if they are primarily at fault, their ability to claim any expenses from the insurance company is limited. Defending against claims and navigating the challenges of shared responsibility often requires legal representation.
Potential Injuries and Medical Concerns
When a person is struck by a vehicle, they have few protections. Unlike drivers shielded by seat belts and airbags, pedestrians have little to soften the impact. Most pedestrian accidents lead to some level of physical harm, such as:
- Head injuries: Concussions and skull fractures can occur.
- Spinal injuries: Nerve damage or long-term pain may develop.
- Broken bones: Arms, legs, ribs, and more can break from the force.
- Soft tissue damage: Torn ligaments or muscle strains may cause ongoing physical pain.
- Internal injuries: Bleeding or organ damage can pose life-threatening issues.
Medical assistance is critical right after a collision. While you focus on healing, a personal injury lawyer from THE702FIRM Injury Attorneys can begin collecting evidence to establish liability. This includes checking for a traffic ticket against the driver or if the pedestrian may have been in the wrong place at the wrong time. In either case, a thorough accident review is key to proving liability.
Contact a Nevada Pedestrian Accident Lawyer to Help You Recover Fair Compensation for Your Injuries
Handling a pedestrian accident case alone is tough. Insurance adjusters may offer low settlements that barely cover your medical expenses. Some even argue that the pedestrian caused the crash. An experienced attorney will build a strong claim and look for evidence supporting your side.
A trusted personal injury lawyer also takes on the paperwork. This ensures that forms, filings, and deadlines meet the rules set by the courts. Having legal counsel you can rely on reduces personal stress and allows you to stay focused on your health.
In Nevada pedestrian claims, you want someone familiar with traffic rules, local court processes, and the best methods to hold drivers responsible. At THE702FIRM Injury Attorneys, we work to protect your rights by explaining the legal action needed, guiding you through each phase of negotiations or court procedures, and using each fact to your advantage. Schedule a consultation with us today.