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Summary
If you hit a jaywalker, both you and the jaywalking pedestrian can be held liable for the accident under comparative negligence rules. This can affect financial liability and the amount of compensation a party receives.
Table of Contents
What Is Jaywalking?
Jaywalking occurs when pedestrians cross the road illegally or improperly, such as if they don't cross at the nearest crosswalk.
Jaywalking is especially dangerous when done in heavy traffic, as it can result in serious injuries for both the pedestrian and the driver.
If You Hit a Jaywalker, Who Is at Fault
If you hit a jaywalking pedestrian in Nevada or most U.S. states, the fault will most likely be shared between the jaywalking pedestrian and you, the driver who hit them.
The shared fault rule between the jaywalker and the driver is outlined in comparative negligence laws, which state that while the pedestrian is crossing the street illegally outside a marked crosswalk, the driver still must exercise reasonable care to avoid hitting the pedestrian.
How Would Fault Be Determined in a Jaywalking Pedestrian Accident
In a pedestrian accident case, fault will be determined by which party is deemed to be more responsible for the accident.
For example, in a pedestrian accident, if the jaywalker sprints into oncoming traffic illegally, they may be held more or completely at fault for the accident; however, if the driver was speeding when they hit the jaywalker, the speeding driver may bear the majority of the fault, and be held financially responsible.
How Is Compensation Decided in a Jaywalking Accident
While determining fault is typically the same among states, obtaining compensation for any damages or injuries you may have suffered differs; if you live in a state that follows a pure comparative negligence law, then no matter how much either party is determined to be at fault for, they will be able to recover compensation.
However, if the pedestrian accident occurred in a state that follows a modified comparative negligence system, such as Nevada, then you must understand that if a party, such as a driver or the pedestrian involved, is determined to be 50% or more at fault, they will be barred from seeking compensation from the opposing party.
Can You Go to Jail If You Hit a Jaywalker?
While it depends on the circumstances of the accident, you can go to jail for hitting a jaywalker if you are charged with vehicular manslaughter or other criminal charges.
However, as mentioned before, it depends on the circumstances, meaning situations where you could be facing jail time in jaywalking accidents are:
- Driving Under the Influence: If you were operating a motor vehicle while under the influence of drugs or alcohol, you could face a DUI charge under NRS 484C.
- Reckless Driving: If you were speeding, weaving through traffic, running a red light, or doing any activities that might be considered reckless or a threat to pedestrian safety, you could face a misdemeanor or felony charge under traffic laws, depending on the severity of the car accident.
- Hit-and-run: When people jaywalk and are hit by a vehicle, the driver has a legal duty to stay on the scene and contact the authorities. If you leave the scene of a pedestrian accident, you may be charged with hit-and-run.
It's important if you believe that you could be facing jail time for hitting a jaywalking pedestrian, you contact an experienced attorney to learn your legal options.
What Should You Do If You Hit a Jaywalker?
Hitting a jaywalking pedestrian can be a stressful experience, and knowing what to do is vital to the health and safety of everybody involved.
If you hit a jaywalker, you should:
- Stop your vehicle immediately.
- Ensure the safety of the accident scene by turning on your hazards or moving your vehicle out of traffic to prevent any car accidents.
- Call emergency services
- Check on the pedestrian; however, avoid giving them extensive medical treatment or admitting fault.
- Exchange insurance and contact information
- Document the scene by taking pictures and videos
- Schedule a free consultation with an attorney
Do Pedestrians Always Have the Right of Way in Nevada
According to Nevada law, pedestrians do not always have the right of way when crossing the road.
In Nevada, a pedestrian has the right of way under specific circumstances such as:
- If they cross in designated crosswalks or a pedestrian crossing zone
- If they cross in an intersection
Due to pedestrians not always having the right of way, accidents involving pedestrians come with complexities, such as determining who is at fault.
Therefore, it's recommended that you contact a Las Vegas pedestrian accident lawyer.
Do Pedestrians Have the Right of Way If They Are Jaywalking
A pedestrian jaywalking does not have the right of way.
This is because crossing outside of a designated crosswalk or against traffic signals is a violation of the law.
What Is the Punishment for Jaywalking in Nevada
According to Nevada jaywalking laws, jaywalking is considered a traffic violation under NRS 484B.287.
A pedestrian caught jaywalking will typically face fines ranging from $50 to $100 and $150 to $200 for subsequent offenses.
In addition, if the pedestrian who is jaywalking is partially at fault for a traffic accident under the rules of the comparative fault law, they may face a lawsuit from the injured party's personal injury attorney.
Should I Seek Legal Representation If I Hit a Jaywalker
If you hit a jaywalker, it's highly recommended that you get legal advice from a personal injury lawyer who is experienced in pedestrian accidents.
In addition, if you seek compensation for injuries or damages you may have sustained, obtaining a lawyer to protect your legal rights from the insurance company and opposing counsel is a necessity.
Additional reasons you should retain a lawyer after hitting a jaywalker are:
- Determining Fault: An attorney can gather evidence and build a strong case to ensure your settlement is not reduced based on how much fault you could be held.
- Minimize Financial Liability: The jaywalker may file a legal claim against which, if not defended by a strong legal team, could result in you being liable for the jaywalker's medical bills and other damages the collision resulted in.
- Defend You Against Criminal Charges: If you were going over the speed limit when the collision occurred or fled the accident scene, an attorney can defend you against any criminal charges you face atop of the civil charges.
If you seek to schedule a free consultation with an attorney well-versed in pedestrian accidents and Las Vegas personal injury cases, call (702) 566-3600.
Can You Get in Trouble for Almost Hitting Someone With Your Car?
Typically, you won't get in trouble for almost hitting a pedestrian.
However, in certain situations, such as speeding in a pedestrian zone, running a traffic light, or engaging in any activity that might be seen as a threat to traffic safety, you could be cited for almost hitting a pedestrian, especially if you broke a traffic rule.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
