What Happens if a Pedestrian Was Jaywalking When the Accident Occurred?
Pedestrian accidents can result in serious injuries, leaving victims and drivers wondering who is at fault, especially when jaywalking is involved. Jaywalking, or crossing the street outside a designated crosswalk, is a common occurrence in busy cities like Las Vegas. But what happens if a pedestrian is hit by a vehicle while jaywalking? Does the pedestrian lose the right to seek compensation? Let’s explore how Nevada laws handle these situations with Mainor Ellis.
Understanding Nevada’s Laws on Jaywalking
In Nevada, jaywalking is illegal and considered a violation of traffic laws. Pedestrians are required to use designated crosswalks and obey traffic signals when crossing streets. If a pedestrian crosses a roadway outside a crosswalk, they may be cited for jaywalking. However, this does not automatically absolve the driver of liability in an accident.
Drivers in Nevada have a duty of care to operate their vehicles safely and avoid hitting pedestrians, even if the pedestrian is jaywalking. This means drivers must remain alert and take reasonable steps to prevent accidents, regardless of whether the pedestrian is following traffic laws.
Comparative Negligence in Nevada
Nevada follows a comparative negligence system, which means that fault can be shared between the parties involved in an accident. Under this rule, a pedestrian who was jaywalking may still recover compensation for their injuries, but their award could be reduced based on their percentage of fault.
For example:
- If a court determines the pedestrian was 40% at fault for jaywalking, and the driver was 60% at fault for speeding, the pedestrian could recover 60% of their damages.
- If the pedestrian’s fault is determined to be more than 50%, they may be barred from recovering any compensation under Nevada’s modified comparative negligence laws.
Factors That Determine Fault
Determining fault in a pedestrian accident involving jaywalking depends on the specific circumstances of the case. Key factors include:
- Location of the Accident: Was the pedestrian close to a crosswalk, or were they crossing in a hazardous area?
- Driver’s Actions: Was the driver speeding, distracted, or driving under the influence?
- Traffic Conditions: Were visibility or road conditions a contributing factor?
- Witness Testimony and Evidence: Statements from witnesses, traffic camera footage, or police reports can provide valuable insights.
What Pedestrians Should Do After an Accident
If you were injured while jaywalking, here are some steps to protect your rights:
- Seek Medical Attention: Prioritize your health and thoroughly document your injuries.
- Avoid Admitting Fault: Do not make any statements that could be interpreted as admitting responsibility to anyone.
- Gather Evidence: Take comprehensive photos of the scene, note any traffic signs nearby, and collect contact information from any witnesses to the accident.
How Mainor Ellis Can Help
Pedestrian accidents involving jaywalking are complex, and determining fault requires a thorough investigation conducted by experts. At Mainor Ellis, we have extensive experience helping accident victims in Las Vegas navigate Nevada’s comparative negligence laws. Our Las Vegas pedestrian accident attorneys can evaluate your case, gather evidence, and fight to ensure you receive the compensation you deserve, even if you were jaywalking.
Source:
leg.state.nv.us/nrs/nrs-484b.html
