{"id":914,"date":"2021-09-01T14:10:37","date_gmt":"2021-09-01T14:10:37","guid":{"rendered":"https:\/\/pacificwestinjury.com\/?page_id=914"},"modified":"2023-11-15T15:29:02","modified_gmt":"2023-11-15T23:29:02","slug":"what-happens-if-you-hit-a-pedestrian-whos-jaywalking","status":"publish","type":"page","link":"https:\/\/pacificwestinjury.com\/faqs\/what-happens-if-you-hit-a-pedestrian-jaywalking\/","title":{"rendered":"What Happens if You Hit a Pedestrian Who’s Jaywalking?"},"content":{"rendered":"

What happens if you hit a jaywalking pedestrian? Are you still liable, or is the pedestrian responsible for the accident? Unfortunately, these questions have no simple answers. Talk to a reliable attorney today to understand the applicable laws, build a solid defense, and achieve a favorable case outcome.<\/p>\n

Jaywalking As Defined By Nevada Law<\/h2>\n

Jaywalking is a pedestrian traffic law violation where someone crosses the roadway or street where there’s no designated crosswalk or any other unlawful manner that’s considered dangerous. In short, a jaywalking pedestrian is probably negligent.<\/p>\n

Statute \u00a7 484B.287<\/a>\u00a0outlines clear guidelines that pedestrians should follow with regards to yielding the right of way. For instance, the law states that any pedestrian crossing a highway or street at a section that’s not an intersection crosswalk must yield the right of way to motorists using the road.<\/p>\n

Of course, being legally wrong isn’t definite proof that there was negligence on the pedestrian’s part, but it’s compelling evidence. As such, they need to provide a legitimate explanation why it wasn’t dangerous to jaywalk in their situation.<\/p>\n

What Appears as Jaywalking at First Glance May Not Actually Be Jaywalking<\/h3>\n

Also, remember that not everything falls under jaywalking. For example, pedestrians walking in areas with no marked roadways like across the university or in a parking lot aren’t jaywalking. Therefore, they would not be considered liable.<\/p>\n

Both Motorists and Pedestrians Owe Each Other a Duty of Care<\/h2>\n

In Las Vegas, fault is determined based on negligence principles, which basically means failing to apply sufficient care. Both pedestrians and motorists are obliged to be careful, which means they’re obliged not to cause an accident that could end up harming someone.<\/p>\n

If your inattentiveness leads to injury, then you’re the “at-fault” party for the accident. This is crucial because Nevada state laws require the one at fault to compensate the victims.\u00a0So it’s always wrong to believe that the involved driver is always at fault since the pedestrian is also supposed to act carefully.<\/p>\n

Both Pedestrians and Motorists Can Be Found Negligent<\/h2>\n

When a pedestrian or motorist breaks their duty to be careful, the law considers this negligence. The state has numerous traffic safety regulations that are crucial in analyzing responsibility and negligence. But you must never forget these two things:<\/p>\n