If You Hit A Jaywalker, Who Is At Fault?

What Is Jaywalking?

Jaywalking is used when someone crosses the street outside of designated crosswalks, such as crosswalks with signs and intersections.

Although people are allowed to cross the road at intersections, there are restrictions. If the intersection has traffic lights, pedestrians should cross the road when the drivers on the road are parallel to have the right of way. Typically, the pedestrian lights will indicate when the pedestrians can cross.

Pedestrians must also walk parallel to one of the intersection roads. Crossing diagonally is considered jaywalking unless the traffic lights direct pedestrians to do so.

Reasons People Jaywalk

There are many reasons people jaywalk, including the following:

• Convenience: Convenience is a common reason people jaywalk. Walking to the nearest intersection may mean going out of the way and walking a significantly greater distance to reach their destination.
• Cultural norms: Visitors may not know about local jaywalking laws because their country does not have them
• Issues with marked crosswalks: Poorly maintained crosswalks may be hard to see. Lack of maintenance could make these locations more dangerous than crossing elsewhere, mainly if they’re located in a section of road with poor visibility.
• Societal norms: In some places, jaywalking is commonplace, and some people may not realize there are jaywalking laws

Why Are There Laws Prohibiting Jaywalking?

In 2022, pedestrian accidents claimed over 7,500 pedestrians and sent another 47,000 to the hospital for medical treatment. Although law enforcement officials often choose not to enforce jaywalking laws, regulating the flow of traffic and pedestrians helps reduce the chances of pedestrian accidents. Safety remains one of the reasons for these laws. 

Keeping traffic moving allows our society to function. Preventing accidents that require police to direct traffic or reroute traffic saves companies and individuals time and communities money.

Nevada’s Jaywalking Law 

Nevada changed its jaywalking laws in 2021. Although it is not a misdemeanor or felony to jaywalk in the state, regulations prohibit it. NRS 484.287 limits pedestrians to crossing highways and roads in marked crosswalks. Regulations also prohibit crossing intersections diagonally.

Exceptions To Nevada’s Jaywalking Law

NRS 484B.290 outlines exceptions to Nevada’s jaywalking regulations. Individuals who are blind and using an appropriate walking stick or cane, as outlined in NRS 484B.290, or a seeing-eye dog, have the right of way. 

What Are The Penalties For Jaywalking?

Any individual who violates the regulations outlined in NRS 484B.287 can be fined $100 or less. Individuals violating the regulations outlined in NRS 484B.290 can be fined or sentenced to jail time. Fines for violating NRS 484B.290 are between $100 and $500. Those receiving jail sentences will spend six months or less in jail. 

Are You At Fault If You Hit A Jaywalker?

Determining fault for pedestrian accidents is complex. Several factors must be considered. Even if the pedestrian was jaywalking, the driver could be at fault.

Drivers are expected to pay attention to the road and make adjustments because of changes in road conditions. Consequently, drivers must make every reasonable effort to avoid hitting pedestrians, regardless of whether they’re jaywalking. A driver could be found at fault if they were driving while distracted or breaking other laws. Since Nevada has modified comparative negligence laws, more than one party can be at fault. 

What Should You Do After Hitting A Jaywalker?

You may wonder what to do if you hit a jaywalker. Taking the following steps ensures you comply with state laws and protect your legal rights:

• Check their condition
• Offer medical aid
• Call 911 and report the accident
• Stay at the scene
• Exchange contact and insurance information
• Document the accident
• Contact an attorney

Providing assistance, staying at the scene, and providing insurance information ensures you take the appropriate steps to avoid legal complications. You could face fines and jail time for leaving the scene. 

Contacting an attorney ensures you have legal counsel and understand the appropriate steps to take after the accident. Documenting the scene ensures you have relevant information to help your attorney during their accident investigation. 

How Adam S. Kutner, Injury Attorneys, Can Help

At Adam S. Kutner, Injury Attorneys, our auto accident attorneys have years of experience protecting drivers’ rights. We’ll investigate the accident, gather evidence, prepare your legal case, and fight for a fair outcome after your accident.