If an impaired driver hits you while you are walking during Halloween or Nevada Day weekend, Nevada law generally holds that driver responsible for your medical bills, lost wages, and pain and suffering. When the driver was under the influence, Nevada also allows punitive damages with no statutory cap. At Jensen Oldham Personal Injury Law, our Reno pedestrian accident lawyer team, led by Board Certified Personal Injury Specialist Bob Jensen, wants families to understand those rights before October 30.
In 2026, Nevada Day falls on Friday, October 30, and Halloween lands on Saturday, October 31, creating a long weekend that puts impaired drivers and trick-or-treaters on the same streets after sunset. Fortunately, Nevada law gives injured pedestrians strong tools to pursue compensation.
Pedestrians face a 43% higher risk of a fatal crash on Halloween evening than on nearby nights, according to a 2019 study in JAMA Pediatrics.
Why Pedestrian Crashes Spike in Reno Around Halloween
The JAMA Pediatrics study, which reviewed 42 years of federal crash records, found that children ages 4 to 8 saw about a tenfold increase in risk, with deaths peaking around 6 p.m., when trick-or-treating usually begins.
Alcohol raises those odds further, and the National Highway Traffic Safety Administration (NHTSA) reported that 126 people died in drunk-driving crashes on Halloween night from 2015 to 2019, measured from 6 p.m. on October 31 to 5:59 a.m. on November 1. Those crashes accounted for 41% of all traffic deaths in that window.
What the Numbers Look Like in Nevada
Governors Highway Safety Association figures reported in 2025 ranked Nevada fourth in the country for pedestrian deaths per capita in 2024, at 3.46 per 100,000 residents compared with a national rate of 2.1. Washoe County recorded 13 of the state’s 113 pedestrian deaths that year, and state traffic safety officials noted that at least three quarters of pedestrian fatalities happen between dusk and dawn.
Case files reviewed by a Reno pedestrian accident lawyer often point to a few local conditions:
- Darkness arriving close to the busiest trick-or-treating hours
- Bar and party traffic in downtown Reno and along the Virginia Street corridor
- Visitors driving between Carson City and Reno for Nevada Day events
- Masks that narrow a child’s field of vision and costumes that blend into the night
How Nevada Law Assigns Liability in a Drunk Driving Pedestrian Crash
Every Nevada driver owes pedestrians a duty of reasonable care, including yielding to people in crosswalks, and five state rules govern most claims against an impaired driver. Knowing them helps you understand how a Reno pedestrian accident lawyer will evaluate your case.
1. Uncapped Punitive Damages Under NRS 42.010
When a driver injures someone while violating Nevada’s DUI laws after willfully consuming alcohol or another substance, the injured person may seek punitive damages, and the usual caps in NRS 42.005 do not apply (NRS 42.010). If you were hit by a drunk driver, this rule can change how an insurer values your case. It also reaches drug impairment, which matters in marijuana DUI accidents.
2. Criminal Convictions as Civil Evidence
Under NRS 41.133, a criminal conviction is conclusive evidence of the facts needed to establish civil liability for the related injury, so a DUI conviction can shorten the fight over fault. Because civil claims use a lower burden of proof than criminal cases, a driver who avoids a conviction can still be held responsible in a lawsuit.
3. Comparative Negligence and Shared Fault
Nevada follows modified comparative negligence through NRS 41.141. An injured person can recover as long as their share of fault is not greater than that of the defendants, though the award shrinks by their percentage. When adjusters point to a hard-to-see costume or a mid-block crossing, our team draws on Bob Jensen’s years working for insurance companies to anticipate and answer those arguments.
Evidence That Helps Answer a Shared Fault Argument
Blood alcohol results, police body camera footage, bar receipts, and doorbell or business video all make it harder to shift blame onto the person who was hurt. A Reno pedestrian accident lawyer can request this material quickly, since many private systems overwrite footage within days.
4. Limits on Bar and Host Liability
NRS 41.1305 generally shields bars, restaurants, and hosts from liability for serving alcohol to adults 21 and older. A parallel rule in NRS 41.1307 extends the same protection to cannabis retailers, so most claims focus on the driver and the driver’s insurance coverage.
5. The Two-Year Filing Deadline
The statute of limitations in NRS 11.190 gives most injured people two years from the crash to file a lawsuit. When a child is hurt, NRS 41.200 requires a court to approve any settlement of the minor’s claim, which adds steps worth planning for early.
What to Do After a Pedestrian Accident in Reno
Because the first hours after a crash influence everything that follows, these steps protect your health and give a Reno pedestrian accident lawyer a stronger foundation to work from:
- Get medical care promptly. Concussions and internal bleeding can show symptoms hours later.
- Request the police report number. Ask whether officers tested the driver for alcohol or drugs.
- Document the scene. Photos of lighting, crosswalk markings, and the vehicle help reconstruct what happened.
- Collect witness details. Bystanders often leave before police arrive, so ask for names and phone numbers right away.
- Decline recorded statements. The driver’s insurer may use your words to argue shared fault.
- Keep a recovery journal. Daily notes on pain, missed work, and canceled plans help document losses that medical bills do not show.
- Review your own auto policy. Uninsured and underinsured motorist coverage may apply even when you were walking.
How Our Team Builds a Drunk Driving Injury Claim
Once you contact us, we move through the personal injury case process from investigation to settlement talks or trial. A Reno pedestrian accident lawyer on our team preserves evidence and coordinates with your doctors while our staff handles communication with insurers, freeing you to focus on healing. When injuries involve fractures, brain trauma, or long recovery periods, working with a serious injury attorney helps make sure future medical needs and lost earning capacity are counted.
Talk With a Reno Pedestrian Accident Lawyer About Your Options
If an impaired driver has upended your life, a Reno pedestrian accident lawyer at Jensen Oldham Personal Injury Law can evaluate your claim at no cost. You pay no fee unless we win.
Call (775) 333-7555 to speak with a personal injury attorney in Reno who has spent more than 40 years helping injured Nevadans move forward.