If you are injured by an automobile, motorcycle, or bike while walking across the road or on a sidewalk in Las Vegas, you can file a “pedestrian knockdown” lawsuit in Nevada. Liable parties may include:
- the driver,
- the driver’s employer if the driver was on-duty, and/or
- the vehicle’s manufacturer if the car may have been defective.
Even if both the driver and you were at fault for the crash, you should still be entitled to damages such as medical bills, lost earnings and pain and suffering: The only condition is that you were no more to blame than the driver.
If your family member was killed in a pedestrian accident, you may be able to bring a wrongful death lawsuit against the liable parties. Potential damages include grief and sorrow as well as loss of financial support and companionship.
Below our Nevada personal injury attorneys discuss the following about Las Vegas pedestrian accidents:
- 1. What can I sue for if I get injured by a car or bike?
- 2. What compensation can I obtain?
- 3. Whom can I sue if I get injured by a car or bike?
- 4. What if the driver ran into me on purpose?
- 5. What if I was partially at fault?
- 6. When can I sue?
- 7. What are common causes and injuries?
- Additional resources
Also see our related article on Las Vegas bus stop accidents.
Victims in pedestrian knockdown cases may be eligible for substantial money damages in Nevada.
1. What can I do if I get injured by a car?
If you get hit by a motorist, motorcyclist, or bicyclist, you may have grounds to sue the at-fault parties for various “causes of action,” including:
- negligence
- negligence per se
- respondeat superior
- strict products liability
- wrongful death
If you bring a lawsuit, you are called the “plaintiff,” and the parties being sued are called the “defendants.”
1.1. Negligence
There are four elements you would need to prove in order to prevail on a negligence claim in Nevada:
- The defendant owed you a duty of care;
- The defendant breached this duty;
- This breach proximately caused your injury; and
- Your injury resulted in damages.1
The following scenario illustrates how driver negligence can lead to a pedestrian knockdown:
Example: Helen is walking down a sidewalk by Flamingo Road in east Las Vegas. Jim is motorcycling down the road when he looks down to scratch an itch on his leg and accidentally swerves off the road, colliding into Helen. The car accident causes Helen severe lacerations and requires medical attention.
Here, Helen would probably win in a negligence lawsuit against Jim: Like all motorists, Jim had a duty of care to operate his motorcycle safely. Joe breached this duty by swerving and causing a “pedestrian hit.” Plus Helen’s lacerations resulted in medical bills and pain and suffering.
1.2. Negligence per se
There are five elements you would need to prove in order to prevail on a negligence per se claim in Nevada:
- The defendant had the duty to follow a certain law;
- You are one of the people that law was designed to protect;
- The defendant violated this law;
- The defendant’s violation proximately caused your injuries; and
- Your injuries resulted in damages.2
The following scenario illustrates how a driver’s negligence per se can lead to a pedestrian knockdown:
Example: A tourist is lawfully crossing Las Vegas Boulevard at a marked crosswalk near Allegiant Stadium. Joe is driving his sedan while texting, so he does not notice the red light. Joe runs the red light and hits the tourist with his motor vehicle. The collision on the Las Vegas Strip causes the tourist to sustain a fractured hip.
Here, the tourist would probably win in a negligence per se lawsuit against Joe:
Like all drivers, Joe had a duty of care to operate his vehicle in accordance with traffic laws, and he breached this duty by committing the Nevada crime of texting while driving (NRS 484B.165). Joe’s preoccupation with his phone caused him to ignore the traffic signs and hit the tourist, and the tourist’s broken bone resulted in severe pain and suffering and exorbitant hospital bills.
1.3. Respondeat Superior
When the drivers or bikers were on duty for their job at the time of the crash, their employers may be liable under the Nevada legal theory of respondeat superior. There are four elements you would need to prove in order to prevail on a respondeat superior claim in Nevada:
- The driver is employed by the defendant at the time of the accident;
- The driver was acting in the scope of their employment at the time the accident occurred;
- The driver’s actions proximately caused your injuries; and
- Your injuries resulted in damages.3
The following scenario illustrates how respondeat superior may work in Nevada:
Example: Jenny is driving a company car through the Las Vegas valley from Henderson to Summerlin to visit a client. While daydreaming she swerves and crashes into a pedestrian on Charleston. The collision causes the pedestrian to sustain serious contusions.
Here, the pedestrian would probably win both a negligence claim against Jenny and also a respondeat superior claim against Jenny’s employer. Since Jenny was on duty at the time of the crash, her employer could be “vicariously liable” for any accidents Jenny caused.
1.4. Strict Products Liability
If the vehicle or bike in your knockdown may have malfunctioned, you could sue the manufacturer for strict products liability in Nevada. You would need to prove:
- The vehicle was defective as the result of a design, manufacturing, or warning defect;
- The defect existed when the product left the possession of the defendant (the vehicle manufacturer);
- The vehicle was used in a manner which was reasonably foreseeable by the defendant;
- The defect was a cause of your injuries; and
- Your injuries resulted in damages.4
The following scenario illustrates how a manufacturer’s defect can cause a pedestrian knockdown:
Example: Tommy’s Chevy pickup has a damaged brake system as a result of a mistake made while it was on the assembly line. While driving through North Las Vegas, Tommy tries to break at a crosswalk but ends up careering into Bill. Bill breaks his spine and is airlifted to the hospital in critical condition and with paraplegia.
Here, Bill would probably win a strict products liability lawsuit against Chevrolet since it was responsible for the broken brake system.
1.5. Wrongful death
If a knockdown causes a pedestrian to die, that victim’s family or estate may then file a Nevada wrongful death lawsuit against the responsible parties. The plaintiffs would need to prove the following four things:
- The victim died;
- This death was caused by the defendant’s wrongful act or negligence;
- The plaintiff is an heir or personal representative of the victim; and
- The plaintiff suffered damages for monetary injury as a result of the death5
Example: A truck driver loses control of the wheel and runs over Stacy in a parking lot, killing her. Since Stacy was her family’s breadwinner, her family sues the truck driver and his employer for loss of support and funeral expenses.
Here, Stacy’s family would probably win the wrongful death case since the truck killed Stacy, and her death caused financial losses to her family.
2. What compensation can I obtain?
If a defendant in a pedestrian knockdown case is found liable, the court can award you compensatory damages for:
- doctor’s bills,
- lost wages,
- lost earning potential,
- pain and suffering,
- wrongful death damages (if the pedestrian passed away) and/or
- punitive damages
If the driver was a government employee acting in the course of their job (such as a police officer on patrol), then the employee is liable for only $100,000 in medical bills and lost wages. Otherwise, there are usually no caps on compensatory damages.6
Typically, your attorney negotiates with the driver’s insurance company’s defense attorneys in attempt to avoid a trial.
3. Whom can I sue if I get injured by a car or bike?
Potential defendants in Nevada pedestrian accident cases may include:
- The driver of the car or bike, if they were being negligent;
- The employer of the driver, if the driver was on duty at the time of the crash;
- The city or county where the accident took place, if the local government was negligent in maintaining signage, traffic signals, and safe roads;
- The car manufacturer, if the vehicle malfunctioned or was defective; and
- Anyone who recently possessed the vehicle (such as a valet driver), if they were negligent in keeping it functional
4. What if the driver ran into me on purpose?
Drivers who maliciously mow down a pedestrian face punitive damages.
In addition to facing serious criminal charges, drivers who purposely plow into you would be on the hook for punitive damages as well as compensatory damages. In general, the Nevada damages cap on punitive damages is:
- $300,000 (if the amount of compensatory damages awarded to you is less than $100,000), or
- Three times (3) the compensatory damages if the amount of compensatory damages is $100,000 or more.
Note that there are no punitive damages caps if the defendant is a manufacturer, distributor, or seller of a defective product, or an insurer acting in bad faith.7
5. What if I was partially at fault?
Under Nevada’s comparative negligence law, you may still be able to recover damages as long as the court finds the defendant was at least 50% at fault. Though the damages will be less than if you were not to blame at all:
If you are 50% at fault for getting hit by a car because you were jaywalking, then you will receive 50% less damages than you would otherwise. If you are 51% or more at fault, then you receive nothing.8
Note that in many knockdown cases, the pedestrian is partially at fault. Perhaps the pedestrian was texting, or drunk, or simply looking up and admiring the Vegas skyline.
Lawyers on both sides will search for surveillance video, phone records, eyewitnesses, and police reports (such as by the Las Vegas Metropolitan Police Department – LVMPD) to try to piece together their allegations and defenses.
6. When can I sue?
You usually have a two (2) year statute of limitations after you discover your injury to bring a personal injury claim in Nevada. In most cases, you will realize you are injured right after the accident.
You should consult with our Las Vegas pedestrian knockdown attorneys as soon as possible so we have as much time as possible to craft your case.9
7. Pedestrian knockdown causes and injuries
Pedestrians get injured in Nevada for various driver-related reasons, including:
- Distracted driving;
- DUI;
- Reckless driving (NRS 484B.653);
- Speeding (NRS 484B.600), especially in school zones;
- Failing to yield to pedestrians at crosswalks (NRS 484B.283);
- Backing up without looking first – learn more about the improper backing (NRS 484B.113);
- Passing a school bus; and
- Knowingly driving with defective steering or brakes
When a car hits you — especially at high speeds — the results can be horrific and even deadly. Children, the elderly, and the disabled are the most vulnerable. Typical pedestrian knockdown injuries might include:
- broken bones,
- amputations,
- bruises,
- brain injuries,
- collapsed lungs, and
- spinal injuries
If the car ignites, you may be burned as well. (For accidents in Las Vegas, NV the Clark County Coroner’s Office may examine the body.)
| Nevada pedestrian fatality statistics10 | |
| State ranking of most pedestrian deaths | 13 |
| Pedestrian deaths in 2022 | 91 (71 in Clark County) |
| Pedestrian death rate per 100,000 people | 2.83 |
See our related article about crosswalk laws and lawsuits.
Additional resources
For more information, refer to the following:
- U.S. pedestrian deaths reach a 40-year high – News article by National Public Radio (NPR).
- Pedestrian Safety – Statistics by the Centers for Disease Control and Prevention (CDC).
- Pedestrian Safety – Statistics and tips by the National Highway Transportation Safety Administration (NHTSA).
- Traffic Safety Facts: Pedestrians – Analysis of 2021 data by NHTSA.
- Pedestrian Traffic Fatalities by State: 2022 Preliminary Data – Statistics by the Governors Highway Safety Association.
Legal References:
- See, for example, Scialabba v. Brandise Const. Co.,112 Nev. 965, 921 P.2d 928 (1996).
- Atkinson v. MGM Grand Hotel, Inc., 98 P.3d 678, 680 (Nev. 2004).
- NRS 41.130; NRS 41.745; Wood v. Safeway, Inc., 121 Nev. 724, 120 P.3d 1026 (2005).
- Valentine v. Pioneer Chlor Alkali, 109 Nev. 1107, 864 P.2d 295, 297 (1993).
- NRS 41.085.
- NRS 41.035.
- NRS 42.005.
- NRS 41.141.
- NRS 11.190
- Nevada ranks 13th in pedestrian fatalities, according to a new study, NBC 3 (October 27, 2023). Pedestrian Traffic Fatalities by State, 2022 Preliminary Data, Governors Highway Safety Association. 2022 Yearly State Fatal Report, Nevada Office of Traffic Safety.