Nebraska Revised Statute 60-6,156
Pedestrians on highways and roadways; sidewalks and shoulders.
(1) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway or shoulder.
(2) Where a sidewalk is not available and a shoulder is available, any pedestrian walking along and upon a highway shall walk only on the shoulder as far as practicable from the edge of the roadway.
(3) Where neither a sidewalk nor a shoulder is available, any pedestrian who walks along and upon a highway shall walk as near as practicable to the edge of the roadway and, if on a two-way roadway, shall walk only on the left side of such roadway.
- Laws 1973, LB 45, § 46;
- R.S.1943, (1988), § 39-646;
- Laws 1993, LB 370, § 252.
Violation of a statute is not negligence per se, but is merely evidence of negligence. Vanek v. Prohaska, 233 Neb. 848, 448 N.W.2d 573 (1989).
Where plaintiff is discovered walking on the traveled portion of the highway at the time of an accident, violation of a statute is not negligence per se but merely evidence of negligence. Hurlbut v. Landgren, 200 Neb. 413, 264 N.W.2d 174 (1978).