At some point, almost everyone has jaywalked, although it is illegal. All pedestrians who want to cross a street must only do so in a clearly marked crosswalk and at the right angles of the curb. The Nevada Law prohibits jaywalking, which is when a pedestrian crosses a street that is not marked as a clear crosswalk. Jaywalking is more regularly enforced in Nevada in places such as downtown Las Vegas, The Strip, downtown Reno, or any other populated area with many pedestrians and drivers. Typically, police officers will issue citations for jaywalking similarly as they would for a traffic ticket.
Penalties for Jaywalking in Nevada
Jaywalking is considered a misdemeanor in Nevada, and the fine for jaywalking varies depending on the city in Nevada you are in. For example, a fine for jaywalking in Las Vegas is $160 and the fine for jaywalking in Reno is $115. Jaywalking is a minor offense, and may serve as a plea bargain if the defendant is facing more serious criminal charges. For example, if the defendant was charged with shoplifting, they may plea bargain and the shoplifting charge could be lowered to a jaywalking charge. If you get convicted for jaywalking, you will not receive any demerit points or have your driver’s license revoked.
Defenses to Jaywalking in Nevada
It is very common for people who are cited for jaywalking to just pay the fine without disputing the charge. However, there are various defenses that the defendant can explore if they do wish to fight the charge.
- The defendant crossed at a clearly marked crosswalk and the police officer mistakenly thought the defendant was not in the crosswalk.
- The police officer mistakenly cited the wrong person and misidentified the alleged jaywalker.
- There was an emergency situation, such as an out-of-control vehicle or a tree falling and the defendant jaywalked to avoid an accident and protect themselves.
What Happens If I Get Injured While Jaywalking?
Everyone, including pedestrians and drivers, must follow the rules of the road. It is very common for people to believe that the law will always come down the hardest on drivers, and pedestrians always have the right of way. Although, that is not necessarily true. In the case of jaywalking, the pedestrian most likely doesn’t have the right and they are partaking in illegal activity in a place where they shouldn’t be doing it. The pedestrian will likely be found partially at fault, and any damages the pedestrian is able to cover, such as compensation for injuries, from other at-fault parties may be lowered.
Under the comparative negligence rule, the plaintiff’s level of fault determines the total amount that they can recover from the other at-fault parties. Comparative negligence will reduce by a comparable extent the amount of any damages awarded to the injured party. If the state adheres to this doctrine properly, the courts will lower the amount of damages by the percentage of blame shouldered by the injured person. However, states can follow the doctrine of modified comparative negligence. Under the modified comparative negligence doctrine, the injured pedestrian will receive compensation for damages if they are blamed for less than half of the accident. If the courts determine that the pedestrian was 50 percent or more at fault for the accident that caused his or her injuries, they will receive no compensation under modified comparative negligence.
In any legal claim involving jaywalking and injuries from jaywalking, the laws can be very complicated, but very important. The court will make its decision based on both at-fault parties, the arguments between them, and evidence. If you are a pedestrian who was jaywalking and hit by a motor vehicle, your entitlement for compensation depends on your personal injury attorney and the decisions made in court. At Richard Harris Law Firm, our qualified attorneys have had years of experience dealing with cases between pedestrians and motor vehicle accidents. If you were a pedestrian who was hit by a motor vehicle, reach out to us and we can help aggressively fight the charge so you can receive the compensation you deserve.