May 10, 2022 Personal Injury
Jaywalking refers to crossing the street at a point other than a legal crosswalk. While many pedestrians find this act convenient, jaywalking is extremely dangerous and could put you at risk of a collision. Several states have laws in place that prohibit this practice.
Jaywalking is illegal under Nevada law and can result in serious fines and other penalties. If you are hit by a car while you are engaging in this act, you can experience difficulties recovering compensation.
According to the Nevada Revised Statutes (NRS) 484B.287, jaywalking is illegal throughout the state. Jaywalking is defined as a pedestrian crossing the street outside of a marked crosswalk or within an unmarked crosswalk at an intersection. Pedestrians are required to yield the right of way to all vehicles in these situations.
When police catch someone jaywalking, they will issue a citation similar to a traffic ticket. Jaywalking is a misdemeanor that often carries a fine. Different municipalities may have different fines; for example, the fine for jaywalking is $90 in the city of Las Vegas.
Pedestrians who jaywalk are at risk of a collision, especially if they’re crossing a busy road or highway. Jaywalking is not only dangerous, but it could also impact your ability to recover financial compensation after an accident.
Nevada is a fault accident state, meaning that pedestrians who are hit by vehicles typically have the right to file an insurance claim or lawsuit against the driver. The driver would then be financially responsible for any losses that the pedestrian suffered, such as medical expenses or property damage.
If you were jaywalking, however, you might not be able to recover compensation at all. When filing an insurance claim, the company may use the fact that you were jaywalking as justification to deny your case. Insurance will only pay out policies if the policyholder caused the accident and may consider jaywalking as proof that you were at fault instead.
During the personal injury lawsuit process, the court may reduce your settlement according to Nevada’s modified comparative negligence rules. Under this law, the court may reduce your award by the percentage of liability that you share. If you share more than 50% of the fault, you will not be eligible to recover any compensation.
For example, say that you ask for a $20,000 settlement. However, the court finds that you were jaywalking and assigns you 40% of the liability. Your reward will then be reduced to $12,000. If the court assigns you 60% of the liability, you will not receive any compensation.
If you’re injured while jaywalking, insurance companies may assume that you were at fault. However, the other driver may have also committed a legal infraction at the time of the accident. In these situations, you need an attorney on your side who can defend you against accusations of fault and help prove the other driver’s liability.
As soon as possible after the accident, call 911 and seek medical care as soon as possible. Save all records and evidence related to the accident. Then, reach out to a Nevada pedestrian accident attorney to discuss your case and strategize your next steps. Contact us here.