It is illegal to jaywalk in Nevada. If someone wants to cross the street, they must go to a designated crosswalk. Nevertheless, jaywalking is a serious problem, especially in Las Vegas.
Nevada Revised Statutes 484B.287 prohibits jaywalking by stating that pedestrians must cross a highway at a marked crosswalk or within an unmarked crosswalk at an intersection when they have access to one. Some areas leave few options for pedestrians other than crossing when it is safe, without a crosswalk. However, pedestrians are still required to yield to cars and other traffic.
Jaywalking is considered a misdemeanor in Nevada and carries a fine typically over $100, depending on the location. For example, in the City of Las Vegas, the fine is $160. Whereas the City of Reno fines jaywalkers $115. Las Vegas law enforcement tends to be more rigid when it comes to jaywalking. Violators may be arrested if they are repeat offenders, suspected of being habitual jaywalkers, or cause a severe car accident.
Fault for an accident involving a person jaywalking will come down to the party most responsible for causing the crash. If the pedestrian stepped out in front of oncoming traffic, they could be liable for damages. If the driver reasonably had enough time to come to a stop but failed to do so because they were distracted, intoxicated, or negligent in some other manner, they could be liable. An investigation into the collision and evidence collected at the scene, such as skid marks or eyewitness testimony, can help determine which party is responsible. In many cases, both parties will share some of the blame.
Nevada is a modified comparative negligence state. The law states that a plaintiff (victim) can share fault for an accident and still be eligible for at least a partial financial recovery. Their percentage of fault will reduce their awarded compensation. However, if they are determined 51 percent or more responsible, they will not recover any compensation. For example, if the court finds a pedestrian is 30% at fault for an accident because they were jaywalking and is awarded $100,000, they will receive 70% of their awarded compensation, or $70,000. If the court finds the jaywalking pedestrian 51% at fault, they won’t receive any money.
To avoid an accident, here are some basic safety tips for pedestrians to follow when crossing a street:
Always assume that drivers cannot see you.
If you or someone you love has been injured while jaywalking or involved in an accident with someone jaywalking, contact Harris & Harris Injury Lawyers. Our Las Vegas pedestrian accident lawyer can evaluate your case in a free consultation. Call (702) 384-1414 or message us online today.