When a bicyclist and a pedestrian collide in Nevada, determining who should be held financially responsible or liable for any injuries and damages can be tricky. If you get hurt in this type of accident, you will need to understand your rights as well as your legal responsibilities under Nevada law. You may need assistance from a Las Vegas personal injury lawyer to pursue justice.
Nevada Liability Laws for Pedestrian-Bicycle Collisions
Proving fault for a bicycle-pedestrian accident generally takes identifying which party was breaching Nevada’s traffic laws or right-of-way rules at the time of the collision. One or both of them must have been in the wrong place at the wrong time for the accident to take place. Determining who was in the wrong can inform the victim’s legal rights. Our Las Vegas bicycle accident attorneys can navigate the law and establish fault for the accident.
What Are a Bicyclist’s Legal Responsibilities in Nevada?
Nevada has one of the highest pedestrian fatality rates in the nation. Like all roadway users, bicyclists have a legal obligation to act responsibly to prevent injury or death to vulnerable pedestrians. A bicyclist who violates one of Nevada’s traffic laws could be held liable for a related collision. Bicyclists in Nevada generally must yield the right-of-way to pedestrians in the following situations:
- In crosswalks
- At marked and unmarked intersections
- When pedestrians are given the “Walk” signal
- When riding on sidewalks or pedestrian pathways
If a biker comes in close proximity to a pedestrian, he or she should make an audible signal to warn the pedestrian of his or her presence. This may include ringing a bell, honking a horn or giving verbal warnings. Cyclists should reduce their speeds when riding near and around pedestrians to help prevent accidents.
When Can Cyclists Ride on Sidewalks in Nevada?
Local ordinances are important when determining liability for a pedestrian vs. bicycle collision, particularly in relation to sidewalk riding. In some locations, such as downtown Las Vegas and The Strip, bicyclists are not permitted to ride on sidewalks. These rules are in place to protect the safety of the high volume of pedestrians in these areas. In other, more rural locations, cyclists may be allowed to ride on sidewalks in Nevada.
When Do Pedestrians Have to Yield to Bikes?
Between the two, a pedestrian may be at a higher risk of suffering serious injuries than a bicyclist in a collision – but that does not exempt pedestrians from the law. Pedestrians do not have limitless right-of-way in Nevada. They may only enter and cross the roadway when and where legally permitted to do so. When navigating the sidewalks, crosswalks and streets of Nevada, pedestrians have a legal obligation to obey traffic laws, signs and signals.
If a pedestrian is faced with the “Don’t Walk” signal while waiting at an intersection, for example, he or she legally cannot enter the road. It is also against the law for pedestrians to jaywalk, or cross the road outside of a crosswalk between two intersections. In addition, according to Nevada Revised Statutes § 484B.283, pedestrians may not suddenly leave a curb or other place of safety to walk directly into the path of a bicycle that is approaching so close that it is possible for the cyclist to yield. If a pedestrian makes this error, he or she could face liability for an accident.
Shared Fault Is Common
When a bicycle crashes into a pedestrian, it is possible for both parties to share fault for the incident. In Nevada, sharing fault does not automatically bar a victim from recovering financial compensation.
However, an assigned degree of fault can reduce the compensation awarded accordingly. For this reason, it is important for injured victims to work with a qualified attorney to minimize comparative negligence as much as possible.