Jaywalking Accidents in Las Vegas, Nevada
Getting hit by a car while jaywalking in Las Vegas
Many pedestrians who got hit by a vehicle (car, motorcycle, truck) while jaywalking in Las Vegas, Nevada, mistakenly believe that they can't sue the driver for damages. It is not always the case.
If you are injured in an accident while jaywalking in Las Vegas, call our office at 702-432-1000. Consultations are free.
In numerous scenarios, pedestrians remain eligible for compensation to cover medical bills and other damages, potentially offsetting some medical expenses.
What is jaywalking?
Jaywalking means violating pedestrian traffic laws by crossing the street in an area not designed for pedestrians and considered dangerous—tunnels, highways, and busy street intersections.
Nevada laws on jaywalking
According to 484B.287, "Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles."
Effective July 1, 2021, a violation of this section:
(a) Is not a misdemeanor; and
(b) Is punishable by imposing a civil penalty of not more than $100.
For more information, read Nevada Assembly Bill 403 and NRS 484B.287.
Liability for pedestrian accidents: who is at fault?
If the driver was negligent during the accident (e.g., texting, speeding, distracted, or under the influence of alcohol during the crash), even if the pedestrian was crossing the street illegally, the driver is still liable for the collision.
Under Nevada law, the at-fault driver is financially responsible for all damages.
In addition, there are many situations when other parties, other than the driver, can be found liable for an accident. For example, the car had mechanical problems, or the street signs were broken or missing.
Not everything is a jaywalking
Keep in mind that not everything is jaywalking. Walking in a parking lot, across the university, or in any other area with no marked roadways would not constitute jaywalking, and thus, the pedestrian could not be considered liable.
Shared fault and jaywalking
There are cases when a driver is partially at fault.
Nevada is a comparative negligence state, which means if you are partially at fault, you can collect compensation from all other at-fault parties as long as you are less than 51% responsible for the accident. That percentage is not always easy to calculate and requires a detailed independent crash investigation. In some cases, only the jury can determine the percentage of fault and the settlement amount after a jaywalking accident.
Jaywalking and PIP coverage
In some cases, if the at-fault driver or a pedestrian had "personal insurance protection" (PIP Coverage in short) included in their car insurance, the victim can get reimbursed for their medical bill and lost wages from that PIP coverage up to the maximum amount specified in a policy. Call our office at 702-432-1000 if you need more information about how PIP coverage works.
Jaywalking accidents and your social media posts
Today, many people, young or adults, like to share their major life events on social media. However, if you are a pedestrian injured while jaywalking and in a lawsuit, limit your social media postings to the minimum or, even better, stop posting anything, especially the images or your injuries.
Not only do your friends read your posts, but the insurance company's adjuster can read them, too. They will later evaluate and compare what you tell your friends about your injury with what your attorney says. Furthermore, even if you decide to delete your posts on social media, the insurance company can subpoena your account's content and use your deleted posts, comments, images, and videos as evidence during the trial.
We can help
If your jaywalking accident resulted in a severe injury, call us at 702-432-1000 to discuss your case or fill out an online form and schedule an appointment with a personal injury attorney.
We take all jaywalking accident cases on a contingency basis, which means you don't have to pay a penny unless we settle your case or you receive monetary compensation at the trial.
The initial consultation is free.
We represent clients in Las Vegas, Henderson, North Las Vegas, Summerlin South, Boulder City, Clark County, and throughout the surrounding areas of Nevada.
We also represent many tourists on vacation in Las Vegas.
Last updated on April 8, 2024.
