Can I Sue if I Was Hit by a Car While Jaywalking in Las Vegas, NV?

Have you been injured in a pedestrian accident while crossing the street in Las Vegas? If you were jaywalking when the collision occurred, you may assume that you cannot hold the driver who hit you financially accountable. Depending on the details of the accident, you may still have a right to seek compensation.

If you were injured in a pedestrian accident in Las Vegas, the personal injury attorneys of Sam & Ash are ready to review the accident details and discuss your legal options to seek compensation. A negligent driver may share the fault for the accident and owe you compensation, even if you were jaywalking at the time. We believe you deserve What’s Right if you’ve been hit by a car. We’ll do everything we can to help get your life back on track. Contact Sam & Ash today for a free consultation to learn how we can assist with your case.

What Is Jaywalking?

Nevada law defines jaywalking as a pedestrian crossing the street illegally at a location outside of a designated crosswalk or intersection. It is illegal to jaywalk in Nevada.

Pedestrians have the right-of-way when crossing at intersections. Drivers are required to yield to pedestrians who are attempting to cross the road, whether the crosswalk is marked or unmarked. But pedestrians must not put motorists in a position that makes it impossible to avoid a collision. For example, a pedestrian must not step off the curb in front of an approaching car that has too little room to stop safely and avoid hitting the pedestrian.

Jaywalking poses significant risks to both pedestrians and to motorists. A driver may not be expecting to see a pedestrian crossing the road at a location other than an intersection. Jaywalkers can be in danger if they get trapped in the middle of the street when unexpected vehicles appear.

Is Jaywalking Illegal in Nevada?

Jaywalking is a misdemeanor offense in Nevada. If a Las Vegas police officer cites you for jaywalking, the officer can issue a citation that carries a fine.

Misdemeanor jaywalking violations are punishable by fines that vary depending on the location. In Las Vegas, the typical fine is $160. Jaywalking laws are strictly enforced in Downtown Las Vegas and along the Strip due to the density of vehicles and foot traffic.

What Happens If I Get Injured While Jaywalking?

jaywalkingIf you were struck and injured by a motorist while jaywalking, you may still be entitled to compensation if the driver who hit you shares the blame for the accident. Nevada courts follow a legal doctrine known as modified comparative negligence to weigh fault and decide eligibility for compensation in personal injury lawsuits. The amount of compensation you are owed in an injury claim may be reduced based on your percentage of fault.

Therefore, if you were jaywalking when you were hit by a speeding driver, both you and the driver may be assigned a share of fault for the accident. If you are found to bear less than 50 percent of the fault, you may still be eligible to claim compensation. At Sam & Ash, our knowledgeable attorneys can help you maximize your recovery by presenting your case in the best possible light.

Jaywalking in Las Vegas

Nevada has consistently ranked among the top 10 worst states for pedestrian accident fatalities. The Las Vegas metro area, in particular, has experienced an alarming surge in pedestrian deaths in recent years, with a record-breaking 78 pedestrian fatalities in a single recent year.

Traffic safety advocates have noted that the infrastructure of Las Vegas was built with cars in mind rather than people on foot and contributes to the high number of pedestrian accidents. To combat the epidemic of jaywalking and pedestrian accidents, local educators have called for improved pedestrian infrastructure and introduced free pedestrian safety classes.

What if the Driver Was Negligent?

Drivers and pedestrians are both responsible for pedestrian safety. Just as pedestrians are expected to use crosswalks and obey traffic control devices, drivers must yield to pedestrians in certain situations and exercise due care around pedestrians at all times.

What happens if the driver who hit you was partly negligent? If the driver was 50 percent or more at fault for your injuries, the driver may be financially responsible to compensate you for your medical bills and other expenses related to the accident.

Pedestrian’s Negligence and Shared Fault

If you were injured by a negligent motorist while jaywalking in Nevada, you may be concerned about how shared fault affects your ability to recover compensation.

Fortunately, you don’t have to face this issue alone. The experienced personal injury attorneys at Sam & Ash are prepared to develop an effective legal strategy for your case. Don’t hesitate to contact us to discuss your legal rights after a pedestrian accident in Las Vegas.

Statute of Limitations for Pedestrian Accidents

If you believe you may have grounds for a lawsuit after a pedestrian accident, it’s important to understand how Nevada’s statute of limitations on personal injury claims applies to your case. Nevada law allows you two years to file a personal injury lawsuit, such as a pedestrian accident lawsuit.

This two-year time limit begins on the date of the accident. If you wait until after the deadline to bring your lawsuit, the court will likely dismiss your case. It’s best to work with a knowledgeable attorney who can identify critical deadlines and present your claim in a timely manner.

Will the Insurance Company Cover My Injuries if I Was Jaywalking?

It depends. If you have no-fault auto insurance coverage, such as MedPay coverage, you may be entitled to benefits even though you were partially at fault for the accident. Your health insurance coverage could be another avenue for payment of your medical bills, regardless of fault.

However, if you wish to seek compensation by filing an injury claim against the liability insurance of the driver who hit you, you should have an experienced Las Vegas pedestrian accident lawyer present your claim and negotiate on your behalf. If the insurance company disputes liability for the actions of the driver, you may need to go to court to seek justice. It’s a good idea to have an experienced attorney guiding you through the claims process.

If You Were Hit by a Vehicle in Las Vegas, NV, Let Us Review Your Case for Free

At Sam & Ash Injury Law, we are committed to getting to know you so we can understand your story and stand up for you. If you’ve been hurt while walking in Las Vegas, you deserve What’s Right. Contact us today so we can review your case for free.