The bustling streets of Nevada can be treacherous for pedestrians, especially when you’re jaywalking. Getting hit by a car in such cases can be unfortunate, but the repercussions of pedestrian accident aren’t solely yours to bear. This article elaborates on the implications for both drivers and pedestrians when a jaywalking pedestrian is hit by a car.
Quick Summary:
Jaywalking is illegal in Nevada, and fault in car-pedestrian accidents is determined under “modified comparative negligence” rules, affecting compensation based on pedestrian fault.
Injured pedestrians can file personal injury claims, seeking compensation through the driver’s liability insurance, with coverage limits mandated by state law.
If a pedestrian’s death results from a collision, the driver could face a vehicular manslaughter charge, which is a criminal charge, in addition to a civil claim, emphasizing the importance of seeking legal assistance in these cases to navigate complexities and protect one’s rights.
Is Jaywalking Illegal in Nevada?
Jaywalking is unequivocally illegal in Nevada. Nevada enforces strict pedestrian safety laws to safeguard all individuals using the roads. These laws include the following key points:
Traffic Signals and Crosswalks:
Under Nevada law, pedestrians must adhere to signals and utilize designated crosswalks when accessible. When traffic signals or pedestrian crossing signs are present, pedestrians are legally obliged to cross the street only at marked crosswalks and intersections.
Crossing Outside Crosswalks:
When there aren’t any marked crosswalks within a 300-foot radius in any direction, all pedestrians crossing alone are advised to cross the road perpendicular to the traffic flow with caution. This regulation promotes a safer and more responsible approach to crossing.
Traffic Rules:
Both pedestrians and drivers are anticipated to adhere strictly to traffic regulations. Pedestrians should not abruptly leave a curb or any other safe spots and walk or run into the path of a vehicle that is so close as to cause an immediate threat. Drivers, on the other hand, are obligated to give pedestrians the right of way at crosswalks and intersections.
Determining Fault in Pedestrian Accidents
Establishing who is at most fault for the accident in a car-pedestrian collision is crucial for determining financial responsibility and compensation for accidents involving pedestrians. Nevada operates under the “modified comparative negligence” doctrine.
Modified Comparative Negligence
Nevada follows a modified comparative negligence rule when assessing fault. Under this rule, if the pedestrian is found at least partially at fault, their ability to recover compensation is affected.
Pedestrians can claim compensation if they’re found to be not more than 50% responsible; however, their compensation amount will be diminished based on their degree of fault.
Pedestrians deemed more than 50% responsible may be ineligible for any compensation.
Other At-Fault Parties
In some cases, pedestrians may not be the only parties at fault for the accident. Other parties that could be held accountable for pedestrian deaths include:
Speeding drivers
Pedestrians who fail to obey other traffic laws
Drivers who do not yield the right of way
Other factors contributing to the accident
Legal Consequences
Personal Injury Claims
When a pedestrian is hit while jaywalking, they might consider filing a personal injury claim. An injured pedestrian can seek compensation for medical bills, lost wages, and intangible losses such as pain and suffering.
If they suffer serious injuries like spinal cord or traumatic brain injuries, the compensation may increase significantly.
Driver’s Liability Coverage
Injured pedestrians frequently rely on the driver’s liability insurance as the main avenue for compensation. These claims are usually handled by auto insurance providers. The compensation sum depends on the coverage limit of the driver’s insurance policy.
Typically, all Nevada drivers must have insurance that covers:
a minimum of $25,000 for bodily injury or death of one person in any single accident,
$50,000 for bodily injury or death of two or more persons in any one accident,
and $20,000 for injury to or destruction of property of others in any one accident.
Vehicular Manslaughter
Should accident injuries or a pedestrian’s death result from the collision, the driver could be charged with vehicular manslaughter. The legal consequences can be severe, leading to criminal charges.
Seeking Legal Assistance
Whether you’re a jaywalking pedestrian struck by a vehicle or a driver found at fault, it’s prudent to seek legal counsel. An experienced attorney is instrumental in guiding you through pedestrian accidents and jaywalking incidents. Here’s how they can assist you:
Investigating the Accident: Attorneys can meticulously investigate to determine fault. This includes gathering evidence, reviewing traffic laws, and assessing the actions of both the pedestrian and the driver.
Negotiating with Insurance Companies: Attorneys can negotiate with the driver’s insurance company to ensure a fair settlement, especially when the pedestrian’s injuries are significant.
Representing You in Court: Should the case go to trial, an attorney can represent your interests in court, advocating for your rights and making sure you receive fair treatment.
Assessing Damages: Attorneys can evaluate the extent of damages, including medical bills, lost wages, and pain and suffering, to help you pursue fair compensation.
Building a Strong Case: Attorneys use the information gathered during their investigation to build a compelling legal case in your favor.
Legal Expertise: Attorneys provide expert advice on legal strategies and options, ensuring your rights are protected throughout the legal process.
Book a Free Consultation with Our Seasoned Car Accident Lawyers at BLG
Pedestrian accidents including hitting a jaywalker or being hit by a driver are both unfortunate scenarios. Understanding your legal options in such cases can help you take prompt action to seek a fair settlement.
If you’ve been involved in an accident where a pedestrian was hit while jaywalking, reach out to BLG. Our qualified attorneys can help explore your options under Nevada law and protect your rights. Book a free consultation call today and discuss your options with us.
Frequently Asked Questions (FAQs)
What exactly happens when a pedestrian gets hit by a car while jaywalking?
Well, when a pedestrian gets hit while jaywalking, the whole question of fault for the accident comes into play. It basically determines how much compensation the pedestrian can get.
If you’re a pedestrian hit by a car, how do you go about getting compensation?
If you’re the pedestrian in this unfortunate situation, you can seek compensation for things like medical bills and the distress you’ve gone through. Most often, you’ll be dealing with the driver’s insurance, but remember, there are coverage limits.
In these pedestrian-car accidents, who’s usually to blame?
It’s not always cut and dry. Fault can fall on various shoulders, be it the pedestrian’s, the driver’s, or other factors like speeding or not yielding the right of way.
What kind of trouble can a driver get into if a pedestrian ends up losing their life in the collision?
Well, if a pedestrian loses their life in a collision, the driver could be looking at some serious legal consequences, both on the criminal and civil fronts.
Are there any specific traffic laws in Nevada to keep pedestrians safe?
Absolutely. Nevada has some pretty strict traffic laws, including rules about jaywalking, using crosswalks, and obeying traffic signals to ensure pedestrian safety.
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