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Is Jaywalking Legal in Nevada
Under Nevada Revised Statutes (NRS) 484B.287, jaywalking is illegal in Nevada.
In Las Vegas and the rest of Nevada, pedestrians must cross a road using a designated crosswalk and, if present, follow any traffic lights.
Breaking the Nevada law on jaywalking by not crossing on a marked crosswalk or crossing diagonally can result in severe fines and injuries, especially if done in heavy traffic.
What Is Considered Jaywalking According to Nevada Law
In Nevada, what is considered jaywalking is outlined under NRS 484B.287 and NRS 484B.283.
Crossing Outside of a Crosswalk
The statute states in NRS 484B.287 that pedestrians must use a marked crosswalk when crossing the street if available.
A pedestrian crossing outside a marked crosswalk will be considered jaywalking.
Ignoring Traffic Control Devices
Under NRS 484B.283, traffic control devices pertaining to pedestrians, such as a pedestrian light or signal, must be obeyed as they are there to control pedestrian crossing movements safely.
A pedestrian crossing a road against traffic signals is considered jaywalking.
What Is the Punishment for Jaywalking in Nevada
In Nevada, the punishment for jaywalking is usually a fine ranging from $50 to $250.
However, pedestrians caught crossing the street illegally will typically receive a warning for a first-time offense, but a habitual jaywalker can expect to face increased fines and punishments such as community service or a mandated court appearance.
Can You Be Arrested for Jaywalking
No, generally, you cannot be arrested for jaywalking.
However, in situations where someone has an outstanding warrant or their actions resulted in an increased offense, such as involuntary manslaughter, they may be arrested.
Defenses to a Jaywalking Ticket in Nevada
If you received a traffic ticket for jaywalking in Nevada, there may be a few defenses that you can use to beat your alleged jaywalking charge.
However, it's important to understand that while these defenses may work for a first-time alleged jaywalker, a repeat offender may find difficulty beating the minor offense even with such defenses.
Emergency Situation
In emergency or serious situations where you jaywalked to avoid harm, such as being chased, you may be able to justify your actions and have the civil penalty dropped.
Officer's Judgment
You can fight jaywalking traffic tickets by questioning the officer's view of the situation, as there is a possibility that the police officer mistakenly thought you jaywalked, such as if you crossed an unmarked crosswalk.
Poorly Marked Crosswalks
If the designated marked crosswalk was faded, missing, or obstructed, you may be able to argue the civil penalty by stating that you did not knowingly break the law because you didn't know a crosswalk was present.
Who Can Be Liable for a Pedestrian Accident Caused by Jaywalking
According to NRS 41.141, the law states that Nevada is a comparative negligence state, which means that multiple parties can be at fault and be financially responsible for an accident.
This applies to pedestrian accidents caused by jaywalking, with possible at-fault parties being:
- The Pedestrian: In a pedestrian accident where the defendant jaywalked, they could be held primarily or fully responsible for the accident, especially if they crossed diagonally or crossed out of a marked pedestrian crossing at adjacent intersections.
- The Driver: A driver involved in an accident with a jaywalking pedestrian may be held partially liable as NRS 484B.280 states that drivers must exercise due care to avoid pedestrians.
- Government Agencies: In situations where a poorly marked pedestrian crosswalk contributes to the accident, a municipality such as Clark County may be held liable for the accident.
If you sustained injuries in a pedestrian accident in Las Vegas, we recommend contacting a Las Vegas personal injury attorney from The Rodeny Okano Car Accident Lawyer Law Firm with over 20+ years of legal experience; we ensure you'll obtain maximum compensation.
Do Pedestrians Have the Right of Way in Las Vegas?
Yes, pedestrians have the right of way in Las Vegas and the rest of Nevada.
Under NRS 484B.283, pedestrians have the right of way at a:
- Crosswalk
- Unmarked Crosswalk
- Pedestrian Safety Zone
- Overhead pedestrian crossing
- Pedestrian Tunnel
Failure to provide pedestrians the right of way in these locations could result in fines, and if the pedestrian is injured in an accident, a driver could be liable for their medical expenses and other damages.
Do Pedestrians Have the Right of Way If They Are Jaywalking
No, pedestrians who are jaywalking do not have the right of way, as NRS 484B.287 states that pedestrians must use designated crosswalks and follow traffic signals.
Speak with Las Vegas Pedestrian Accident Lawyer
If you were involved in a pedestrian accident in Las Vegas, it's crucial that you contact a personal injury lawyer with the experience and skills such as the ones at The Rodney Okano Car Accident Lawyer Law Firm, who can obtain the compensation you're entitled to.
With over 20+ years of experience, our lawyers can help you recover compensation; call (702) 566-3600 today for a free consultation.
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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.
