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Can I File A Lawsuit If I Was Hit By A Car While Jaywalking?

city street at night
Madeleine Jones
June 21, 2021

In one word, yes. Jaywalking is illegal. But, it does not mean that if you were hit by a car while jaywalking you can’t sue for damages. However, it is important that you understand that you were negligent by jaywalking and it can affect how much compensation you can get. Let’s learn more about jaywalking and how our pedestrian accident lawyers at Cogburn Law can help you.

parents with daughter crossing the street

What Is Jaywalking?

Jaywalking happens when you violate pedestrian traffic laws by crossing the street at a non-designated area for pedestrians that is considered dangerous. This includes highways, busy street intersections, and tunnels.

Nevada Jaywalking Laws

According to 484B.287, any person that crosses a highway at any place other than the crosswalk or at a busy intersection has to yield the right of way to all motor vehicles. Jaywalking is considered a misdemeanor offense in the state of Nevada. This is a fineable offense as well with $160 fines. You should think carefully before jaywalking and avoid it whenever possible.

If you were hit by a negligent driver while jaywalking, you may still be entitled to damages. The Henderson and Las Vegas car accident attorneys at Cogburn law have plenty of successful pedestrian personal injury claims. Contact us today for a free consultation.

When Vehicles and Jaywalkers Collide

The majority of people think that in an accident involving a car and a pedestrian the law will come down mostly on the driver. After all, pedestrians have no protection against a car, so why  don’t they always have the right of way?

The answer to this question is no. A pedestrian doesn’t have the right of way when they are doing something illegal, like jaywalking. The pedestrian is likely to share at least some of the blame in this type of situation.

However, in most cases, the court will find the driver partially at-fault. This is when comparative negligence comes into play.

The Legal Obligations of a Pedestrian and “Shared Fault”

Everyone is required to follow the rules of the road. When someone fails to follow these rules, jaywalks, and it plays a part in an accident, they will probably be considered partially at fault.

This means that any of the damages the pedestrian was able to recover from the other at-fault party will be lowered. The pedestrian’s negligence’s role in the legal claim will depend on the comparative negligence rule. Examples of negligence from the pedestrian can include texting while walking, and the location of the jaywalking.

Comparative Negligence

The level of fault of the plaintiff is what determines the total amount they can recover from the other at-fault parties. For example, based on the previous one. If the pedestrian sustained $40,000 in injuries and a judge concluded they were 40% at fault for their accident, while the speeding driver was 60% at fault, then the pedestrian would be only able to recover $20,000. However, if the judge concluded the pedestrian was 55% at fault, then they would not be able to recover damages. The person bringing the claim can’t be more than 50% at fault to recover in Nevada.

How Do I Get Recovery For My Accident?

An injured pedestrian can get compensation depending on who is at fault for the accident, and where it happens.

In a fault state like Nevada, the pedestrian is able to recover from the other at-fault driver by making a third-party claim with their insurance under the driver’s liability coverage. Unless the insurer agrees that the driver was totally at fault for the accident, the settlement will not be easy. Even more so when the injuries are severe and things get contentious. This is why it is a good idea to contact an experienced car accident attorney.

If the accident was entirely the pedestrian’s fault the pedestrian’s own insurance may be the only one that will pay for their medical treatment.

Contact a Las Vegas Pedestrian Accident Attorney Today

If you were hit by a car and were jaywalking when it happened, it is easy to feel like it was your fault. But even if you were, you still can get compensation for your injuries. This kind of accident happens all the time in Las Vegas, and pedestrians are not always entirely at fault. Figuring this out can be complicated. You need the help of an expert pedestrian attorney to review your case. Contact Cogburn Law at (702) 748 7777 for a free initial consultation.

When I got hit by a car when I was crossing the street it was terrifying, I didn’t know what was going to happen to me or how bad I got injured. A friend of the family recommended Cogburn Law to help me. I called and immediately started to relax. They explained everything, what we could do to get me money to pay for my medical bills. I didn’t have to worry about anything from the start. Jamie and Alex were so thoughtful and were there for me every day. 100% recommend!

James G.