Every year, pedestrian accidents contribute significantly to traffic-related injuries and fatalities, especially in busy areas like Las Vegas. The Nevada Office of Traffic Safety reported 70 pedestrian fatalities across the state in a recent year alone.
If you’re injured while crossing the street, you may wonder who’s liable for your injuries, especially if you were jaywalking. But what happens if you are hit as a pedestrian while jaywalking? Understanding the impact of traffic laws on such incidents is important for both safety and legal outcomes.
Jaywalking is a crime in Nevada. But just because you were jaywalking does not mean that you can’t pursue compensation for your injuries. The Las Vegas pedestrian accident lawyers at THE702FIRM Injury Attorneys can explain how jaywalking could affect your claim.
Understanding Jaywalking in Las Vegas
Jaywalking refers to the act of crossing the street outside of designated crosswalks or against a traffic signal. In Las Vegas, as in many parts of the United States, this is considered a violation of traffic laws. The legal framework surrounding jaywalking is designed to ensure pedestrian safety and manage pedestrian and vehicular traffic flow. Failing to obey traffic signals or crossing the street illegally can lead to fines and complicate claims for damages in the case of an accident.
Many people mistakenly believe that pedestrians always have the right of way. However, according to Nevada law, pedestrians must use marked crosswalks and obey pedestrian traffic signals. Another common misconception is that if a pedestrian is hit by a car, the driver is automatically at fault. This is only sometimes the case, especially if pedestrians are jaywalking or ignoring traffic signals.
Jaywalking Laws in Nevada
Las Vegas police actively enforce jaywalking laws to reduce pedestrian accidents. NRS 484B.287 outlines pedestrian rules:
- Pedestrians must yield to vehicles outside marked crosswalks or at pedestrian tunnels.
- Pedestrians must use marked crosswalks between intersections with traffic lights.
- Diagonal crossing at intersections is prohibited without traffic signals.
- Pedestrians can only diagonally cross when signals allow.
- Breaking these rules incurs a civil fine, not a criminal charge, up to $100
Is the Pedestrian Ever at Fault?
Even when pedestrians are injured while jaywalking, they may not be fully liable for an accident. Drivers have specific responsibilities toward people on foot and can be held financially accountable if their negligence injures a pedestrian.
Under Nevada’s personal injury laws, anyone injured due to negligence can seek compensation for their injuries as long as they do not bear most of the responsibility for the accident.
In cases where there is a shared fault for a pedestrian accident, the plaintiff’s compensation will be reduced by their percentage of fault, which the insurance company or the court assigns. You can still recover compensation if you are not assigned more than 50 percent of the blame.
Factors Contributing to Pedestrian Accidents
Jaywalking—crossing the street outside designated crosswalks or against a traffic light—plays a significant role in pedestrian accidents. Understanding the various factors contributing to these accidents can help pedestrians make safer choices and potentially reduce the likelihood of injury.
Disregarding Traffic Signals
When a pedestrian ignores traffic signals and opts to cross the street illegally, the risk of accidents increases. Traffic lights and pedestrian signals are designed to regulate both pedestrian and vehicle flow. Not obeying these can lead to unexpected encounters with oncoming traffic, where drivers may not have adequate time to react, potentially leading to severe injuries.
Visibility and Timing
Accidents often occur when pedestrians choose to cross at times or places with poor visibility. This might be at night or between parked cars, where drivers are less likely to expect crossing pedestrians. Crossing outside a designated crosswalk or ignoring a traffic light can catch drivers off guard, increasing the chances of an accident.
Driver and Pedestrian Behavior
Both driver and pedestrian behaviors contribute to accidents. Speeding, distracted driving, or driving under the influence significantly impair a driver’s ability to respond to unexpected pedestrians. Similarly, when pedestrians are distracted—perhaps by mobile devices—or impaired, their judgment in safely crossing streets is compromised.
Legal and Financial Implications
When a pedestrian is hit while jaywalking, the legal and financial aftermath can be complex. States vary in handling these situations, with laws like modified comparative negligence or pure comparative negligence affecting how much an injured pedestrian can recover in compensation. For instance, if a pedestrian’s negligence contributed to the accident, their ability to recover damages might be reduced proportionally to their fault in the incident.
Pedestrians should be aware that being hit by a car can lead to substantial medical bills and a lengthy legal process involving insurance companies and possibly legal representation to recover compensation. This is why ensuring one’s safety by adhering to pedestrian traffic rules and using marked or unmarked crosswalks is important.
Role of Environment
Environmental factors also play a role in increasing the risk of pedestrian accidents, such as:
- Poorly lit streets
- Lack of visible or adequate pedestrian crossings
- High-speed areas without proper pedestrian safety measures
Urban planning and regular maintenance of pedestrian-friendly infrastructure are essential in enhancing pedestrian safety.
Seeking Compensation and Legal Recourse
When someone is injured in a pedestrian accident, seeking compensation and understanding the legal aspects can be daunting. Here’s a look at what to expect and how to proceed.
1. Personal Injury Claims
If you’re injured as a pedestrian, filing a personal injury claim begins with understanding who is at fault. For instance, if a pedestrian jaywalking is hit by a car, the driver and the pedestrian could share responsibility.
States with modified comparative negligence rules might reduce the compensation based on the injured person’s share of fault. It’s necessary to gather evidence about the accident injuries and how they occurred, including any breach of traffic rules, such as failing to obey traffic signals or speed limits.
2. Insurance Coverage
Dealing with insurance after a pedestrian accident involves multiple parties—the pedestrian’s health insurance and the driver’s car insurance company. Medical bills can often be initially covered by the pedestrian’s policy while seeking further compensation from the driver’s liability coverage. It’s essential to know the coverage limits of all parties involved, as this dictates how much can be claimed for damages like serious injuries or financial recovery.
3. Role of Legal Representation
An experienced attorney is invaluable in pedestrian accident cases, especially in complex scenarios like when a pedestrian fails to use a designated crosswalk or when the driver’s negligence also contributes to the accident. Legal experience helps interpret nuances of Nevada, where the fault threshold can significantly affect compensation. Lawyers also assist in negotiations with insurance companies, aiming to secure the best possible outcome for compensation recovery.
What To Do if You Are Injured on a Crosswalk in Las Vegas?
Here are the key steps to take if you’re ever injured while crossing the street in Las Vegas:
- Call 911 to bring police and paramedics to the scene.
- Document the crash scene by taking photos, getting insurance information from the involved driver, and contact information for any witnesses.
- Get medical treatment as soon as possible.
- Hold on to all your medical records, pay stubs, and receipts of accident-related expenses.
- Only provide a statement to an insurance company once you’ve spoken to a pedestrian accident lawyer.
- Contact THE702FIRM Injury Attorneys for a free consultation.
The lawyers at THE702FIRM Injury Attorneys have recovered more than $115 million in compensation for our Las Vegas clients. Call or contact our office today for your free case review.
Jaywalking Accidents in Las Vegas: Know Your Rights and Options
In Las Vegas, if you are hit as a pedestrian while jaywalking, your options for recovering compensation are influenced by Nevada’s laws on comparative negligence. Even if jaywalking, you may still be eligible for compensation if the driver’s actions contributed to the accident.
However, the compensation could be reduced by the percentage of your fault. Being aware of traffic rules and prioritizing pedestrian safety to minimize risks is essential. Consulting with an experienced pedestrian accident attorney is advisable for individuals facing such complex situations.
For dedicated assistance with pedestrian accidents, contact THE702FIRM Injury Attorneys. Our team is ready to help you understand your rights and options. Schedule a free consultation today and take the first step toward addressing your legal needs and securing the compensation you deserve.
