Fault in Pedestrian Accidents

Were you involved in a pedestrian accident but don’t know who’s fault it was? Learn more about proving fault in pedestrian accidents.

Read Our Pedestrian Accident Guide

What happens if you are a pedestrian, you’re hit by a car, you’re injured, but you were possibly, partially at fault? What does that mean in terms of your ability to bring a claim or a case for your injuries and damages? . If you are hit by a car, you can be severely injured. The insurance company is going to tell you, “Sorry, it’s your fault,” but what if you were partially at fault and the driver was partially at fault? Very good questions. Here’s the way it works in Nevada.

If the driver of the car is more at fault than you were, you’re entitled to be compensated for your injuries and damages. If it’s 50/50, both of you are equally at fault, you’re still entitled to be compensated for your injuries and damages. If you’re more than 50% at fault, under Nevada law, you then are not entitled to be compensated for your injuries and damages, no matter how badly you were hurt. That’s why these cases are very fact-specific. You need an attorney who’s going to get out and investigate the case, talk to the witnesses, go out to the scene, do the investigation and figure out exactly what happened, exactly who’s at fault and what the probable percentages are.

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