Pedestrian accidents are common in Henderson and the results can be devastating. Pedestrians who are struck by motor vehicles often suffer severe, life-altering injuries. These injuries can lead to major financial and personal difficulties.

Many pedestrian accidents are caused by the negligence of a motorist. In these cases, injured pedestrians may be able to seek financial compensation for medical bills, lost wages, and other economic and non-economic damages. 

At the Cottle Firm, our experienced Henderson pedestrian accident lawyers help our clients seek the financial compensation they deserve. We are prepared to investigate your case and provide legal guidance if you have grounds for a personal injury claim. Contact us today to learn more about your legal options after being hit by a driver as a pedestrian.

Common Causes of Henderson Pedestrian Accidents

According to the Nevada Strategic Highway Safety Plan, pedestrian accidents most commonly involve drivers striking pedestrians at intersections, accounting for 34% of all fatal pedestrian accidents. The second-most common cause is driver impairment at 23%, followed by crashes involving older drivers, at 13%. Nighttime is also the most dangerous time of day for pedestrians, as 76% of all pedestrian-involved accidents in Nevada occur after dark.

Unless the pedestrian was breaking the law and crossing with a red light, driver negligence is the most common cause of pedestrian accidents in Henderson. Some of the most common forms of driver negligence our Henderson pedestrian accident lawyers see in our cases include:

Failure to Follow Traffic Signs and Signals

All drivers have a legal responsibility to follow all traffic laws, including obeying all traffic signs and signals. If a pedestrian is crossing a road when a driver ignores a traffic sign or signal, the driver could strike the pedestrian and cause serious injuries. 

Some common examples of pedestrian motor vehicle accidents involving drivers failing to follow traffic laws include:

  • Drivers making left-hand turns at intersections without a green arrow while the pedestrian has the right of way
  • Drivers failing to stop and yield at crosswalks
  • Drivers running red lights or stop signs and hitting pedestrians


Speeding drivers are often unable to come to a stop when they need to, such as when approaching an intersection while a pedestrian is crossing. Pedestrians who are struck by speeding drivers are much more likely to suffer severe or even fatal injuries. 

According to a study by the AAA Foundation, at a modest 16 mph impact speed, a pedestrian faces a 10% chance of severe injury. Increase the speed to 23 mph and the severe injury risk climbs to 25%. Ramp it up to 31 mph, and it becomes a flip of the coin – a 50% chance. At 39 mph, the probability jumps to 75% and finally escalates to a distressing 90% at 46 mph.

For the risk of pedestrian death, the stats paint a similarly bleak picture. At an impact speed of 23 mph, the odds of fatal injuries sit at 10%. If the vehicle’s speed rises to 32 mph, those odds spike to 25%. At 42 mph, the chance of losing the pedestrian reaches an alarming 50%. This number jumps to 75% at 50 mph and ultimately culminates in a grim 90% likelihood of fatality when the collision occurs at 58 mph or higher.

Distracted Driving

Safe driving requires constant focus and attention on the road and your surroundings. But unfortunately, many drivers engage in distracted behaviors behind the wheel, which puts themselves, other motorists, bicyclists, and pedestrians at risk. 

The three main categories of distractions include:


Visual distractions divert a driver’s gaze away from the road. These may include looking for items that have fallen or been spilled inside the vehicle, reading directions from a GPS display, or adjusting the car’s temperature controls. It is recommended that all non-essential tasks not related to an immediate emergency wait until the vehicle is safely parked.


Manual distractions refer to any instances in which a driver removes one or both hands from the steering wheel. Actions such as eating, drinking, smoking, searching for items within a purse or wallet, or even using the car radio all qualify as distractions. 

The majority of these distractions are preventable with proper planning. Steps such as adjusting vehicle mirrors, having exact directions to the intended destination, and familiarizing oneself with the controls and features of the vehicle before embarking on a journey can greatly reduce the potential for such distractions.


Cognitive distractions happen when a driver’s mind wanders to mentally demanding tasks. Hands-free phone calls or voice-activated systems are common culprits. Emotions, like anger or sadness, can also interfere with focused driving. When your mind is engaged elsewhere, reaction times can slow, negatively impacting your driving performance.

Drunk Driving

Driving under the influence of alcohol drastically increases the risk of being involved in an accident. According to the Centers for Disease Control, alcohol was a factor in 46% of all fatal pedestrian crashes in 2019. Drunk driving is also much more common at night, which is when pedestrians are already at a high risk of being struck by a vehicle. 

Comparative Negligence For Pedestrian Accidents in Nevada

When it comes to car-on-pedestrian collisions, the pedestrian often walks away – or doesn’t – with far more serious injuries than the driver. That said, it’s not always a clear-cut case of driver error. Sometimes the pedestrian contributes to the incident too. For instance, if someone crosses the street carelessly or jaywalks, they could be deemed partly responsible for the accident.

Nevada follows a modified comparative negligence standard when evaluating the negligence of multiple parties involved in an accident. Each party is assigned a percentage of fault for the role they played in an accident. If the victim was less than 50% negligent in the accident, they may file a personal injury claim against the driver.

What Damages Can Be Recovered in a Pedestrian Accident Claim?

Pedestrians who are injured by negligent drivers may recover damages for all economic and non-economic difficulties they face as a result of their injuries, including:

  • Medical expenses (both current and future)
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Emotional distress
  • Scarring and disfigurement

In rare cases, punitive damages could also be on the table. These damages are awarded if the driver’s behavior was malicious or egregiously reckless, such as a drunk driving or hit-and-run accident.

Henderson Pedestrian Accident FAQ

What Should I Do After a Pedestrian Accident?

Prioritizing your health and safety is of utmost importance. Make sure that you are located in a secure area and immediately seek medical assistance. It is essential to notify law enforcement – their comprehensive investigation of the accident and subsequent report are instrumental in safeguarding your legal rights.

If circumstances allow, collect the driver’s contact and insurance details, and acquire the contact information of any witnesses present at the scene. Document any visible injuries, as well as the site of the accident, by taking photographs. When recounting the incident, strictly adhere to factual information, avoiding any statements that could be misconstrued as an admission of fault. Pay attention to similar statements from others involved.

Promptly consult with a medical professional, even if you initially feel unharmed. Adhere strictly to the doctor’s advice and meticulously document all medical appointments and procedures. Your health and comprehensive records are pivotal during this process.

Can I File a Claim If I Was Illegally Crossing the Street?

Even in instances where a pedestrian might have been crossing the street unlawfully at the time of the collision, the driver involved still bears the responsibility to exercise an appropriate level of caution towards pedestrians. Additional contributing factors such as driver distraction, intoxication, or speeding could have played a role in the occurrence of the crash. 

For many pedestrian accident victims, it may not be immediately apparent whether the driver involved in the crash was negligent. An experienced attorney can fully investigate the circumstances of your accident and determine whether driver negligence was a factor in your case. 

What Responsibilities Do Pedestrians Have to Avoid Accidents?

By law, pedestrians are obliged to comply with traffic signs and signals. Thus, every pedestrian bears the responsibility of conducting a reasonably thorough assessment of traffic conditions before proceeding to cross a street. If a pedestrian becomes aware of an approaching vehicle, they should refrain from initiating or proceeding with their crossing. It is worth noting that pedestrians located right outside of a crosswalk have the same legal rights as those within crosswalks.

Remember that even if you were partially responsible for the collision, you can still seek financial compensation as long as your negligence is determined to be less than 50%.

Learn More From Our Henderson Pedestrian Accident Lawyers

If you or a loved one was injured by a negligent driver as a pedestrian, you have legal rights. At the Cottle Firm, our Henderson personal injury lawyers represent victims of pedestrian accidents and all other types of traffic accidents caused by negligence. Contact us today to learn more about filing a personal injury claim for injuries suffered in a pedestrian accident in Henderson.