Pedestrian accidents can be particularly devastating, and the consequences can be severe for both the pedestrian and the driver. If you hit a pedestrian who was jaywalking, you may be wondering about the legal implications and what happens next.
What is Jaywalking?
Jaywalking is a term used to describe a pedestrian who crosses the street in a location other than a designated crosswalk or intersection. In most states, jaywalking is illegal, and pedestrians can be fined for doing so. However, the laws surrounding jaywalking can vary from state to state.
In Nevada, jaywalking is defined as crossing the street outside of a designated crosswalk or intersection. The state maintains that pedestrians should not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. However, even if a pedestrian is found to be jaywalking, drivers are expected to exercise due care to avoid colliding with pedestrians.
What is Reasonable Care When Operating a Vehicle?
In most states, drivers have a duty to exercise reasonable care when operating a vehicle. This means that drivers must take reasonable steps to avoid hitting pedestrians, even if the pedestrian is jaywalking.
If you hit a pedestrian who was jaywalking, you may be found liable for the accident. Liability means that you are responsible for the damages caused by the accident. Damages can include medical bills, lost wages, and pain and suffering.
However, liability can be shared between the driver and the pedestrian. For example, if the pedestrian was jaywalking, but the driver was speeding, both parties may be found partially liable for the accident. In this case, the damages would be divided between the two parties based on their degree of fault.
What is Comparative Negligence?
Nevada law follows the principle of comparative negligence, which means that both the driver's and the pedestrian's actions are taken into account when determining liability in an accident. Let's say, for instance, you hit a pedestrian who was jaywalking at night wearing dark clothing, making it difficult for you to see them. If the case goes to court, the pedestrian might be found 60% at fault for the accident due to jaywalking and poor visibility, while you, the driver, might be considered 40% at fault for not being able to stop in time. In such a scenario, any damages awarded to the pedestrian would be reduced by their 60% share of the blame.
What Should You Do if You Hit a Pedestrian?
If you hit a pedestrian, the first thing you should do is stop your vehicle. Check to see if the pedestrian is injured, and call 911 if necessary. Stay at the scene of the accident until the police arrive. Exchange information with the pedestrian, including your name, contact information, and insurance information. If there were any witnesses to the accident, you should also get their contact information.
Can I Be Sued?
If you hit a pedestrian who was jaywalking, you may be wondering how much you could be liable for. The amount of damages you may be responsible for will depend on a variety of factors, including the severity of the pedestrian's injuries, the cost of medical treatment, and the pedestrian's lost wages.
In some cases, the damages can be significant. For example, if the pedestrian suffered a traumatic brain injury or spinal cord injury, the cost of medical treatment and ongoing care can be substantial. In these cases, the damages can easily reach into the millions of dollars.
What Other Parties Could Be Involved in the Lawsuit?
Even if you are the one who hit a pedestrian, there may be other parties who are liable for the accident. For example, if the pedestrian was intoxicated at the time of the accident, the bar or restaurant that served them alcohol may be liable for the accident. An experienced lawyer can help you identify all potential parties.
How Can an Experienced Lawyer Help?
If you hit a pedestrian who was jaywalking, call High Stakes Injury Law at (702) 444-3228 for a free case review and for insight into Nevada’s laws regarding jaywalking and liability. We'll provide a comprehensive overview of your case, explain your legal options, and outline the possible outcomes based on our extensive experience handling similar cases in Nevada.
At High Stakes Injury Law, we've defended drivers involved in accidents with jaywalking pedestrians. We understand the intricacies of Nevada's laws on jaywalking and comparative negligence, and we've helped drivers reduce their liability through effective legal representation. We can help you gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.
Pedestrian accidents can be particularly devastating, and the consequences can be severe for both the pedestrian and the driver. If you hit a pedestrian who was jaywalking, you may be wondering about the legal implications and what happens next.
In Nevada, jaywalking is defined as crossing the street outside of a designated crosswalk or intersection. The state maintains that pedestrians should not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. However, even if a pedestrian is found to be jaywalking, drivers are expected to exercise due care to avoid colliding with pedestrians.
However, liability can be shared between the driver and the pedestrian. For example, if the pedestrian was jaywalking, but the driver was speeding, both parties may be found partially liable for the accident. In this case, the damages would be divided between the two parties based on their degree of fault.
In some cases, the damages can be significant. For example, if the pedestrian suffered a traumatic brain injury or spinal cord injury, the cost of medical treatment and ongoing care can be substantial. In these cases, the damages can easily reach into the millions of dollars.