Hit by a car while walking in Las Vegas: who is at fault and who pays?

Last updated October 18, 2026.

Usually the driver, because Nevada law puts a duty of due care on every driver toward people on foot, even when the pedestrian is not in a crosswalk. But fault can be shared: a person crossing mid-block between two signals, or stepping out too suddenly for a driver to stop, may carry part of the blame. The driver's liability insurance is usually the first source of payment in Las Vegas car accident claims involving pedestrians, and your own auto policy can often add more.

People hit on foot are hurt badly far more often than drivers are, and their claims raise questions car-on-car crashes do not: whose insurance covers someone who was not in a car, what happens when the driver drives off, and how much a "jaywalking" argument really matters. This page answers those questions with the Nevada statutes that decide them.

How does a pedestrian injury claim work in Las Vegas, step by step?

Call 911 and stay if you can. The driver must stop, remain, give a name, address and registration, and help get you to medical care (NRS 484E.010, 484E.030). Leaving the scene of an injury crash is a category B felony (NRS 484E.010(3)).
Note who responds. On the Strip, in unincorporated Clark County and inside the City of Las Vegas, that is usually LVMPD. Henderson and North Las Vegas have their own police. See which agency handles a Las Vegas crash and how to get the report.
Get treated and keep every record. Pedestrian injuries are often worse than they first look. The claim rests on the medical records.
Request the crash report. LVMPD says to allow at least 10 business days; a traffic collision report costs $13.00, and most can be sent by secure email link. Fatal crash reports may need extra review.
Find every policy that may pay. The driver's liability insurer, the car owner's insurer if someone else owned the car (NRS 485.3091), and your own auto policy, including uninsured, underinsured and medical payments coverage.
Check the DMV report rule. If no officer's report lists everyone's insurance, an SR-1 report may be due to the DMV within 10 days (NRS 484E.070); see when you must file an SR-1.
Send the claim with proof of loss. Records, bills and wage proof start the insurers' Nevada claim deadlines.
Keep the lawsuit deadline in view. Generally 2 years from the crash for injuries (NRS 11.190(4)(e)). In Clark County, cases over $15,000 go to district court (NRS 4.370).

Who has the right of way? Nevada's pedestrian rules

A "crosswalk" in Nevada is more than painted lines. It includes the unmarked area at an intersection where the sidewalks would connect across the street, as well as any marked crossing (NRS 484A.065). That matters, because many Las Vegas corners have no paint at all.

Situation	Who must yield	Rule
Pedestrian in a marked or unmarked crosswalk, no working signal, on the driver's half of the road or close to it	The driver, slowing or stopping as needed	NRS 484B.283(1)(a)
"Walk" signal lit	All drivers, to pedestrians crossing with the signal	NRS 484B.283(1)(d)(1)
Flashing "Don't Walk" with a countdown timer	A pedestrian may start but must finish before the timer reaches zero	NRS 484B.283(1)(d)(2)
Driver turning on a green light or arrow	The driver, to pedestrians lawfully in an adjacent crosswalk	NRS 484B.307(2) to (4)
Car stopped at a crosswalk; driver behind wants to pass	The driver behind may not pass until sure no one is crossing	NRS 484B.283(1)(c)
Pedestrian crossing outside any crosswalk	The pedestrian, to vehicles	NRS 484B.287(1)(a)
Between two signalized intersections	Pedestrians must use a marked crosswalk	NRS 484B.287(1)(c)
Blind pedestrian with a white cane or service animal	The driver, stopping if needed	NRS 484B.290

Two rules apply no matter who had the right of way. Every driver must exercise due care to avoid hitting a pedestrian, use the horn when needed, and take proper caution near a bus stop, a school zone or any crosswalk (NRS 484B.280). And a pedestrian may not suddenly leave the curb into the path of a car so close that the driver cannot yield (NRS 484B.283(1)(b)). Drivers turning at Las Vegas intersections cause many of these crashes; our page on right of way in a Nevada intersection crash explains the signal rules in more depth.

Who pays a pedestrian's medical bills and losses?

Source	When it pays	Rule
The driver's liability insurance	The driver was at fault; Nevada minimum is $25,000 per person, $50,000 per crash	NRS 485.185
The owner's policy, if someone else owned the car	An owner's policy covers permissive drivers	NRS 485.3091(1)(b)
Your uninsured motorist (UM) coverage	The driver had no insurance, or fled after hitting you and the crash was reported in time	NRS 690B.020(3)
Your underinsured motorist (UIM) coverage	Your damages exceed the driver's bodily injury limit	NRS 687B.145(2)
Your medical payments coverage	You bought it; insurers must offer at least $1,000	NRS 687B.145(3)
Health insurance or Medicaid	Bills while the claim is open; may seek repayment later	Your plan; NRS 108.590 for hospital liens

Your own UM and UIM coverage protect "persons insured thereunder" (NRS 690B.020(1)), and nothing in that statute limits it to people inside a car. Whether it covers you as a pedestrian depends on how your policy defines an insured, so read that definition or ask your insurer in writing. If you do not own a car, a policy held by a relative in your household may still count you as an insured. The same questions come up for cyclists; see whose insurance pays after a bike crash in Nevada.

If a hospital treated you, it may claim a lien on the recovery; see hospital liens on a car accident settlement.

What do the state's crash numbers show about walking in Nevada?

The Nevada Office of Traffic Safety's 2026 Crash Facts report, covering 2020 to 2024, counts more than 450 pedestrians killed on Nevada roads in that period, about 24 percent of all traffic deaths. It reports that 91 percent of fatal pedestrian crashes happened on urban roads and that Clark County had the most fatal pedestrian crashes of any county.

The same report says 61 percent of pedestrian deaths happened on the roadway away from an intersection, and 16 percent at an intersection in a marked crosswalk. The single most common time window was 6:00 PM to 8:59 PM, and 61 percent of the crashes happened at night in areas with lighting. Those patterns explain why mid-block crossings and night visibility come up so often in Las Vegas pedestrian claims.

What changes the answer

Where you were crossing. Inside a marked or unmarked crosswalk, the driver generally had to yield (NRS 484B.283(1)(a)). Outside one, you had to yield (NRS 484B.287(1)(a)). That shifts fault, but it does not cancel the driver's duty of due care (NRS 484B.280(1)(a)).
Your share of fault. Your recovery is reduced by your percentage of fault and barred only if your share is greater than the defendants' combined (NRS 41.141(1), (2)). A mid-block crossing is a civil infraction with a penalty of not more than $100, not a crime (NRS 484B.287(2)).
The signal phase. A pedestrian who starts on "Walk" may finish crossing even after the hand starts flashing (NRS 484B.283(1)(d)(3), (4)). Signal timing records and video can settle this.
Alcohol on either side. A driver over the legal limit faces criminal charges and possible punitive damages (NRS 42.010). A pedestrian under the influence in the traveled part of a highway also violates the law (NRS 484B.297(4)), and an insurer will use that to argue shared fault.
A driver who fled. Your UM coverage treats a hit-and-run driver as uninsured only if the car physically struck you and the crash was reported to police in time (NRS 690B.020(3)(f)). See what you can claim after a hit-and-run in Las Vegas.
Who owned the car. The owner's policy covers a permissive driver (NRS 485.3091). If the driver was an immediate family member driving with the owner's permission, Nevada makes the owner jointly and severally liable (NRS 41.440). A rental or rideshare car brings its own rules; see who pays after an Uber or Lyft crash.
A pedestrian safety zone or school zone. Violations there can carry double penalties (NRS 484B.135, 484B.370), and a driver who violates NRS 484B.280 or the crosswalk rule and causes a collision with a pedestrian commits reckless driving (NRS 484B.653(2)).

For example: a mid-block crossing on East Charleston Boulevard

Imagine a man named Luis walking home from a bus stop on East Charleston Boulevard after dark. The nearest signals are a long walk away in each direction, so he crosses mid-block. A driver coming over the rise at well above the speed limit hits him in the second lane. Luis breaks his leg and needs surgery. All figures and percentages are hypothetical.

The insurer's first answer is that Luis was jaywalking. It is right that he had to yield to cars there, and that between two working signals he should have used a crosswalk (NRS 484B.287(1)(a), (c)). But the driver still had a duty of due care toward a pedestrian near a transit stop (NRS 484B.280(1)(c)), and the speed made the crash far harder to avoid.

Suppose Luis's damages are $150,000 and fault ends up split 70 percent to the driver and 30 percent to Luis. Luis could recover $105,000 (NRS 41.141). The driver carries only the $25,000 minimum. Luis does not own a car, but he lives with his sister, and her policy defines an insured to include household relatives hit as pedestrians. Her $100,000 UIM coverage could then pay the next $80,000 (NRS 687B.145(2)). Policies differ, which is why reading the definition matters.

Common mistakes after being hit on foot

Accepting "you were jaywalking" as the end of the claim. Nevada shares fault; it does not end the claim unless your share is greater than the driver's (NRS 41.141).
Assuming you have no insurance because you were not driving. Your own or a household policy may cover you as a pedestrian.
Waiting to report a driver who fled. Your UM claim for a hit-and-run depends on a timely police report (NRS 690B.020(3)(f)(2)).
Losing the video. Bus stops, casinos, businesses and doorbells record. Ask quickly; footage is often overwritten.
Skipping follow-up care. Gaps in treatment give insurers a reason to say the injury was minor.
Talking to the driver's insurer before you know the coverage. Read whether you have to give a recorded statement first.

What to do this week

Request the crash report and write down the event number.
Photograph your injuries, your clothing and shoes, and the crossing point, including any signal, crosswalk paint and lighting.
List nearby businesses, bus stops and homes that may have cameras, and ask each in writing to keep the footage.
Find every auto policy in your household and look for UM, UIM and medical payments coverage, and how each defines an insured.
Open a claim with the driver's insurer and give notice to your own.
Keep medical records, bills, prescriptions and missed-work notes in one folder.
Mark the 2-year deadline from the crash date.

Frequently asked questions

Can I still recover if I was not in a crosswalk?

Often, yes. Crossing outside a crosswalk means you had to yield (NRS 484B.287), but the driver still owed you due care (NRS 484B.280). Your recovery is reduced by your share of fault and barred only if your share is greater than the driver's (NRS 41.141).

Will the driver be charged?

That is up to police and prosecutors. A driver who violates the pedestrian due care rule or the crosswalk rule and is the proximate cause of a collision with a pedestrian commits reckless driving, which carries a fine, community service and a license suspension of 6 months to 2 years (NRS 484B.653(2), (4), (5)). Your injury claim runs separately from any criminal case.

Does my car insurance cover me even though I was walking?

It may. UM coverage protects persons insured under the policy (NRS 690B.020(1)), and many policies define an insured to include you on foot. Ask your insurer for the policy language in writing.

What if I was hit in a parking lot or casino garage?

Nevada's duties to stop, give information and report apply on premises to which the public has access, which includes parking lots and garages (NRS 484A.185, 484E.010). See parking lot and casino garage crashes in Las Vegas.

Can the Nevada Victims of Crime Program help if the driver fled?

It may. Nevada's program law counts as a victim a pedestrian injured or killed by a driver who failed to stop at the scene in violation of NRS 484E.010 (NRS 217.070(1)(e)). The program's eligibility page says the crime must be reported to police within 5 days and the application filed within two years; the statute allows 60 months (NRS 217.100), so apply early. See how the Victims of Crime Program works.

Do the same rules apply on a sidewalk or in a wheelchair?

Nevada defines a pedestrian to include a person in a manual or motorized wheelchair (NRS 484A.165). If a sidewalk is blocked, a pedestrian may go around it on the road with due care and return as soon as practicable (NRS 484B.297(6)).

My child was the one hit. Is anything different?

The fault rules are the same, but school zones carry extra driver duties and penalties (NRS 484B.363, 484B.370). A settlement for a child may need court approval; see court approval of a child's settlement in Nevada.

Where would a lawsuit be filed?

For most Clark County crashes over $15,000, in the Eighth Judicial District Court (NRS 4.370). Our Clark County accident page covers the local agencies and courts.

If you were hit while walking and the insurer is already blaming you, attorney Maysoun Fletcher can review how the crash happened and what coverage applies. Call 702-333-6339 for a free consultation; we answer 24/7.