Nevada Ranks 4th in the Nation for Pedestrian Fatalities — Here's What Victims Can Do

Reviewed by Roey Sellouk, Nevada Personal Injury Attorney — April 2026

Las Vegas-area streets are designed for vehicles and tourists in cars. High-speed arterials, incomplete sidewalk networks, poorly lit crosswalks, and complex tourist traffic patterns create a serious and persistent danger for people on foot. The data reflects it.

If you or a family member was struck by a vehicle, here is what Nevada law actually provides and what you need to know before speaking to any insurer.

How Dangerous Are Nevada Roads for Pedestrians?

Nevada ranks 4th in the nation for pedestrian fatalities, with a fatality rate of approximately 3.46 deaths per 100,000 residents (Governors Highway Safety Association). In Clark County alone, 83 pedestrians were killed in traffic crashes in 2023, up 15% from 71 deaths the prior year (NDOT, Las Vegas Review-Journal, 2024). Las Vegas accounts for the majority of those deaths, concentrated on high-speed corridors where vehicle speeds and pedestrian traffic intersect at controlled and uncontrolled crossings alike.

These are not random events. They reflect road designs that prioritize vehicle throughput, inadequate crosswalk signalization on arterials, and insufficient lighting in some corridors. When infrastructure contributes to an accident, the liability picture extends beyond the driver alone.

Who Has the Right of Way — and What Nevada Law Actually Says

Nevada law gives pedestrians the right of way at marked crosswalks and, critically, at unmarked crosswalks as well. Under NRS 484A.065 (which defines crosswalks; NRS 484B.283 governs crosswalk right-of-way duties), an unmarked crosswalk legally exists at any intersection where two roadways meet, even without painted lines or signals. Drivers are required to yield to pedestrians lawfully crossing in these locations.

This surprises many people, including insurance adjusters who argue the pedestrian had no right of way because there was no painted crosswalk. That argument is incorrect under Nevada law when the pedestrian was crossing at an intersection. An attorney familiar with these statutes can push back on fault arguments built on a misreading of the law.

Pedestrians also have obligations. NRS 484B.287 prohibits pedestrians from suddenly leaving a curb and entering traffic when a vehicle is already so close it cannot reasonably stop. Nevada's comparative fault rule accounts for cases where both parties bear some responsibility for the crash.

Can You Still Recover If You Were Partly at Fault?

Yes. Under Nevada's modified comparative negligence rule (NRS 41.141), a pedestrian who is partially at fault can still recover damages, as long as their fault does not exceed 50%. Recovery is reduced proportionally by the fault percentage. Insurance adjusters for drivers frequently push arguments that the pedestrian was distracted, wearing dark clothing, crossing against a signal, or walking outside a crosswalk. Some of these arguments are legally valid depending on the facts. Many are not, and all are subject to challenge with the right evidence.

The comparative fault fight in pedestrian cases is often where the money is. A pedestrian found 20% at fault on a $200,000 case recovers $160,000. The same pedestrian pushed to 51% fault recovers nothing. Controlling that percentage — with documentation, witness statements, and an attorney who understands Nevada's right-of-way statutes — directly determines what the injured person receives. Learn more about how Nevada's comparative fault law works in personal injury cases.

What Damages Can a Pedestrian Victim Recover?

Pedestrian crashes produce some of the most serious injuries in personal injury law. A person struck by a vehicle at 30 mph or higher faces a significant probability of traumatic brain injury, fractures, internal trauma, and spinal injury. The full range of recoverable damages under Nevada law includes:

• Medical expenses — emergency care, surgery, hospitalization, rehabilitation, and projected future treatment costs
• Lost wages and earning capacity — income lost during recovery and any permanent reduction in ability to work
• Pain and suffering — compensation for physical pain, emotional distress, and diminished quality of life
• Loss of consortium — for spouses significantly affected by the victim's injuries
• Wrongful death damages — if the pedestrian was killed, family members may bring a wrongful death claim under NRS 41.085 for funeral costs, lost financial support, and loss of companionship

Documenting the full scope of damages requires medical records, employment records, an accounting of future care costs, and detailed accounts of how the injury affects daily life. The stronger that documentation from day one, the stronger the recovery case. See our pedestrian accident practice area for more on what these claims involve.

What Happens When Road Infrastructure Contributed to the Crash?

Some pedestrian accidents are not solely the driver's fault. Dangerous road conditions — inadequate crosswalk markings, missing or malfunctioning pedestrian signals, poor lighting on high-speed arterials, or road design that fails to account for pedestrian traffic patterns — can make the government entity responsible for those conditions a potential defendant.

Claims against government entities in Nevada require a notice of claim to be filed within the applicable deadline before a lawsuit can proceed. The Nevada Tort Claims Act (NRS Chapter 41) governs these cases, and specific local entities may have their own procedural requirements. Missing the notice deadline bars the claim entirely. These cases require prompt attention from an attorney familiar with Nevada governmental liability.

What Is the Role of Impaired Driving in Pedestrian Cases?

Impaired driving — alcohol, drugs, or prescription medications — is a contributing factor in a significant share of pedestrian fatalities. When the driver who struck a pedestrian was impaired, that fact is directly relevant to liability. A DUI arrest or conviction related to the crash creates a strong record for civil proceedings. It may also support a claim for punitive damages in cases involving extreme recklessness, though Nevada's standard for punitive damages is high.

What Is the Statute of Limitations for a Pedestrian Accident Claim?

Nevada's general personal injury statute of limitations is two years from the date of injury (NRS 11.190). For wrongful death claims, the clock runs from the date of death. For claims against government entities for dangerous road conditions, notice requirements may create shorter practical deadlines. If you or a family member was injured, do not wait to consult an attorney.

Frequently Asked Questions

Do pedestrians have the right of way at unmarked crosswalks in Nevada?

Yes. Under NRS 484A.065 (which defines crosswalks; NRS 484B.283 governs crosswalk right-of-way duties), unmarked crosswalks legally exist at any intersection where two roadways meet. Drivers must yield to pedestrians lawfully crossing at these locations, even without painted markings. Insurance adjusters frequently argue otherwise on cases involving intersections without visible crosswalk markings — incorrectly.

Can a pedestrian recover if they were partially at fault?

Yes, as long as their fault is 50% or less under NRS 41.141. Recovery is reduced by the fault percentage but not eliminated. Common fault arguments against pedestrians — dark clothing, crossing outside a marked crosswalk, crossing against a signal — are frequently overstated by insurers and subject to challenge.

What damages can a pedestrian accident victim recover in Nevada?

Medical expenses, lost wages and earning capacity, pain and suffering, and loss of consortium. If the pedestrian was killed, family members may bring a wrongful death claim under NRS 41.085 for funeral costs, lost financial support, and loss of companionship.

What if the driver who hit me fled the scene?

You may have a claim through your own uninsured motorist (UM) coverage. Nevada law requires insurers to offer UM coverage, which applies to hit-and-run incidents. Contact an attorney before giving any statement to your own insurer — UM claims involve the same strategic considerations as claims against the at-fault driver.

Are there special deadlines for pedestrian accident claims against the government?

Yes. Claims against government entities for dangerous road conditions are governed by the Nevada Tort Claims Act (NRS Chapter 41) and may have procedural notice requirements. Missing the applicable deadline bars the claim entirely. Consult an attorney promptly if you believe dangerous road conditions contributed to your accident.

See also: Las Vegas Pedestrian Accident Lawyer for information on how these cases are handled, and our overview of Henderson & Clark County personal injury representation — Nevada's most dangerous pedestrian corridors are throughout Clark County.