Call Us Today


Call Us Today

Free Consultation

Our office is open and staffed daily during the Covid-19 response. We are adhering to strict social distancing and wearing masks at our office, as appropriate. We have courtesy masks for our clients and guests. We are continuting to take new clients. Our attorneys and staff are available daily by email and by phone to discuss your case with you.

What are legal duties of a motor vehicle driver to a pedestrian?

Consider the disadvantages a pedestrian has in comparison to a motor vehicle. Cars are faster, stronger and weigh more than humans. In fact, most are aware that a moving vehicle could easily injure or kill a human if they cross paths. There are a few reasons that this may happen. However, the law stands in favor of the pedestrian the majority of the time.

This is because drivers of motor vehicles are expected to exercise due care around pedestrians. This is a stricter level of care than used in accidents between two vehicles. Drivers are held to a higher standard than a pedestrian in the situation. For example, this is true of pedestrians located both within and outside of a crosswalk and if not adhered to the driver can face charges for a car accident with a pedestrian.

According to laws in Nevada, a driver must exercise caution when the driver sees a pedestrian in many situations. These situations include driving near highway and other roads, near bus stops or other transit hubs, near crosswalks and school crossings and more.

This essentially means that anytime a pedestrian is visible to a driver or in the vicinity of a motor vehicle, the driver must exercise proper caution. This is a strict standard of care and it helps ensure pedestrian safety.

While not all drivers will adhere to these strict standards of care, it is best that everyone try to be aware of them. Pedestrians are susceptible to injuries from motor vehicles because an accident can happen in the blink of an eye. Because of this, pedestrians may be unable to get out of the way despite their best efforts. Pedestrians should be aware of the risks posed to their health and wellbeing when in the vicinity of vehicles.

Source: Nevada Legislature, “Right-of-way in crosswalk; impeding ability of driver to yield prohibited; overtaking vehicle at crosswalk; obedience to signals and other devices for control of traffic; additional penalty if driver is proximate cause of collision with pedestrian,” Accessed April 6, 2015


FindLaw Network