Pedestrians or Cars, Who has the Right of Way?

In Nebraska, a motorist may be held liable for striking a pedestrian on a highway if the motorist fails to exercise due care for the safety of pedestrians who might reasonably be expected to be on the highway. Nebraska law imposes a duty on drivers to anticipate the presence of pedestrians and to take reasonable precautions to avoid accidents. The Nebraska Supreme Court has emphasized that a driver must exercise ordinary care in keeping a lookout for pedestrians and that a pedestrian walking along the highway has the right to assume that drivers will exercise such care. In another case, the Nebraska Supreme Court noted that a pedestrian walking along the highway may assume that vehicles approaching from the rear will exercise ordinary care, and the driver is negligent if they fail to avoid a collision when they have ample time and opportunity to do so.

The liability of the motorist, however, may depend on the specific circumstances of the incident, including whether the pedestrian was exercising reasonable care for their own safety. For example, both pedestrians and motorists have equal rights to use public highways, but each must exercise reasonable care for their own safety and the safety of others. Additionally, if a pedestrian suddenly moves from a place of safety into the path of an oncoming vehicle, such conduct may constitute contributory negligence sufficient to bar recovery.

State law also provide guidance on pedestrian behavior. For instance, § 60-6,156 requires pedestrians to walk on the left side of the roadway when no sidewalk or shoulder is available, and § 60-6,109 mandates that drivers leave a safe distance to avoid colliding with pedestrians. Violations of these statutes may be considered evidence of negligence but are not necessarily determinative of liability.

Ultimately, whether a motorist is liable for striking a pedestrian on a highway is typically a question for the jury, taking into account the actions of both the driver and the pedestrian, as well as the surrounding circumstances.