Child Pedestrian Cases: Duty of Care and Damages

Kids don’t read traffic. They chase a ball. They run to a friend. They forget the curb exists. That’s predictable. Which is why Nevada law expects adults — drivers, schools, property owners — to anticipate child behavior and act accordingly.

When they don’t, and a child is hurt, “accident” stops being a defense. It becomes a liability.

At Mainor Ellis Injury Lawyers, we help parents of injured children in pedestrian cases prove that liability and recover damages.

The Duty Adults Actually Owe Kids Near Roads

Drivers, schools, and property owners have elevated, specific duties near child zones:

1. Drivers: Nevada’s pedestrian rules require yielding in crosswalks and exercising due care at all times (see NRS 484B.283). The traffic code goes further: upon observing a child, drivers must use “proper precaution” to avoid a collision (see NRS 484B.280). Translation: slow down, watch for kids, and be ready to stop.
2. School zones and buses: School areas come with special speed limits and rules. Passing a stopped school bus with the stop arm extended is illegal (NRS 484B.353). Violations here are negligence.
3. Property owners: Parking lots, apartment driveways, and hotel entrances are foreseeable child zones. Owners must fix hazards, design for visibility, and control traffic patterns. Poor lighting, blind corners, or missing speed bumps can be a premises liability problem.
4. Schools and youth programs: Reasonable supervision, safe pickup/drop-off plans, trained crossing guards, and clear traffic control. Government entities can be sued in Nevada (NRS 41.031), but they’ll assert “discretionary function” immunity (NRS 41.032). Strategy and evidence matter.

That breach is the springboard to liability and damages and that’s where Las Vegas pedestrian accident lawyers at Mainor Ellis Injury Lawyers step in to hold them accountable.

Negligence in Child Pedestrian Cases

If someone’s wrongful act, neglect, or default injures a child, Nevada law allows recovery (NRS 41.130). The elements are basic (duty, breach, causation, damages), but child cases add context:

• Foreseeability: Kids are impulsive. That raises the standard of care, not lowers it.
• Comparative fault: Nevada uses modified comparative negligence (NRS 41.141). A child’s conduct is judged by what’s reasonable for a child of similar age, intelligence, and experience. Even if there’s some fault, recovery is only barred if the child is more than 50% at fault.
• Negligence per se: Violating pedestrian right‑of‑way or school‑zone laws can establish breach automatically when those laws are designed to protect children.

Establishing negligence in pedestrian accident scenarios involving children requires you (or your lawyer) to connect the dots with evidence such as dashcams, intersection cameras, event data recorders, witness statements, and more.

You should also be aware of the deadlines and the exceptions that apply.

Nevada’s general personal injury statute of limitations is two years (NRS 11.190(4)(e)). For minors, time can be tolled until age 18 (NRS 11.250). But don’t sit on evidence. Videos disappear. Skid marks fade. And witnesses move.

Was Your Child Injured on the Road? Let Us Help

Your child deserves more than apologies. They deserve a future unburdened by someone else’s negligence. Contact Mainor Ellis Injury Lawyers for a free, no‑obligation consultation. We’ll move fast to secure evidence, protect your family’s rights, and pursue full compensation. Call at 702-450-5000 today to get started.

Source:

leg.state.nv.us/nrs/nrs-484b.html