What Is The Duty of a Pedestrian?

Many people assume that because pedestrians are the road’s most vulnerable users, they do not have any responsibilities in terms of safety or roadway rules. While pedestrians are at the greatest risk of injury in accidents, they still have traffic laws they must obey. Nebraska has state and municipal laws outlining pedestrian responsibilities when navigating streets and sidewalks, and understanding those rules matters both for preventing accidents and for protecting your legal rights if you are injured.

Nebraska Laws Governing Pedestrian Conduct

Nebraska’s pedestrian traffic laws are codified in the Nebraska Rules of the Road (Neb. Rev. Stat. §§ 60-6,148 through 60-6,157). These statutes establish the specific duties pedestrians owe to other road users. Key provisions include:

• Pedestrians must obey traffic control signals unless otherwise directed by a law enforcement officer
• Where a pedestrian-control signal is operating, pedestrians may only proceed on the WALK or walking figure signal
• At intersections without signals, pedestrians have the right of way in a crosswalk, but may not step off the curb into the path of a vehicle that is too close to stop safely
• Pedestrians crossing at locations other than a crosswalk or intersection must yield the right of way to all vehicles
• Where sidewalks are provided, pedestrians must use them and may not walk on the roadway
• Where no sidewalk is available, pedestrians walking on the roadway must walk on the left side facing oncoming traffic

These laws reflect a fundamental principle: while drivers owe pedestrians a significant duty of care, pedestrians also have responsibilities that can affect their legal rights if they are injured.

Know the Rights-of-Way and Traffic Laws

Pedestrians do not automatically have the right of way in every situation. Like other roadway users, they must yield when appropriate. Many pedestrian accidents occur when a person walking or jogging mistakenly believes they have the right of way and steps into traffic prematurely.

At Signalized Crosswalks and Intersections: If the intersection has a pedestrian traffic control device, you may only proceed into the crosswalk when the WALK or pedestrian icon appears. Do not start crossing if you see a flashing red hand or a DON’T WALK signal. Once the flashing signal begins, finish crossing if already in the crosswalk, but do not start a new crossing.

At Crosswalks and Intersections Without Signals: Pedestrians have the right of way at marked and unmarked crosswalks. However, you may not step off the curb in front of a vehicle that does not have enough time to stop. You must yield to oncoming traffic if it is approaching fast enough to constitute a hazard.

At Locations Other Than Intersections: Crossing at mid-block locations is jaywalking. When crossing outside a marked or unmarked crosswalk, pedestrians must yield the right of way to all vehicles. Cross only when the road is clear. The safest place to cross is always at a designated intersection or crosswalk. Make eye contact with drivers when possible to confirm they see you before stepping out.

Pay Attention to Pedestrian Safety

Nebraska law requires pedestrians to exercise reasonable care for their own safety. A pedestrian who is distracted, intoxicated, or fails to observe basic safety practices may be found partially at fault for an accident even when the driver bears primary responsibility.

Specific behaviors that can increase accident risk and potential liability include:

• Using a cell phone, listening to headphones, or looking down at a device while walking near traffic
• Stepping off the curb without looking both directions
• Assuming a driver has seen you before you have eye contact confirmation
• Walking home after consuming alcohol — pedestrian intoxication is a significant contributing factor in fatal pedestrian accidents nationally
• Wearing dark clothing at night without reflective material

Use Sidewalks and Marked Crosswalks

It is generally unlawful and unsafe for a pedestrian to walk in the street if a sidewalk is available. When a sidewalk exists, it must be used. When walking on a roadway without a sidewalk, pedestrians must walk on the left side of the road, facing oncoming traffic — this maximizes visibility in both directions and gives you time to react to approaching vehicles.

How Nebraska’s Comparative Fault Law Affects Injured Pedestrians

Nebraska follows a modified comparative negligence standard. If a pedestrian is injured by a driver’s negligence but the pedestrian also violated traffic laws or failed to exercise reasonable care, the pedestrian’s compensation is reduced proportionally by their share of fault. A pedestrian found 20 percent at fault in a $100,000 case recovers $80,000. A pedestrian found 50 percent or more at fault cannot recover anything.

Insurance companies routinely investigate pedestrian accidents looking for ways to assign blame to the pedestrian — jaywalking, distracted walking, or intoxication are all commonly raised. A pedestrian accident attorney can build a case establishing driver fault and counter arguments designed to inflate the pedestrian’s share of responsibility.

The Driver’s Duty of Care to Pedestrians

While pedestrians have duties, drivers in Nebraska owe pedestrians a significant duty of care. Drivers must exercise due care to avoid striking pedestrians on any roadway, must give an audible warning when necessary, and must yield the right of way to pedestrians lawfully in crosswalks. Violations of these duties — including speeding in pedestrian-heavy areas, failing to yield at crosswalks, and distracted driving — form the basis of most pedestrian injury claims.

Injuries Common in Pedestrian Accidents

The absence of any structural protection means pedestrian collisions with motor vehicles typically cause severe injuries. Common injuries include traumatic brain injuries from head impact, spinal cord injuries and paralysis, fractures to the pelvis, legs, and arms, internal organ injuries, and in serious cases, fatalities. These injuries often require extended medical treatment and rehabilitation and can permanently affect the victim’s ability to work and live independently.

Compensation Available to Injured Pedestrians in Nebraska

If you have been injured in a pedestrian accident due to a driver’s negligence, you may be entitled to compensation for medical expenses including emergency care, surgery, hospitalization, and rehabilitation, lost wages during your recovery, reduced earning capacity if your injuries affect your ability to work, pain and suffering and reduced quality of life, and property damage. Knowles Law Firm handles pedestrian injury cases throughout Nebraska on a contingency fee basis — no fees unless there is a recovery.

Statute of Limitations for Pedestrian Accident Claims in Nebraska

Nebraska law gives pedestrian accident victims four years from the date of the accident to file a personal injury lawsuit under Neb. Rev. Stat. § 25-207. Wrongful death claims following a fatal pedestrian accident must be filed within two years of the date of death. Acting promptly protects your right to pursue compensation and gives your attorney time to preserve surveillance footage, witness statements, and accident scene evidence before they are lost.

Frequently Asked Questions About Pedestrian Accidents in Nebraska

Contact Knowles Law Firm After a Pedestrian Accident in Nebraska

If you were injured in a pedestrian accident in Omaha or anywhere in Nebraska, Knowles Law Firm is ready to help. The firm has secured multi-million dollar settlements for Nebraska injury victims over 55 years of practice and handles all pedestrian accident cases on a contingency fee basis. Reach out through the contact form for a free consultation to discuss your case.