You may have a personal injury case even if you were jaywalking when a car hit you. Nevada law uses comparative negligence, meaning shared fault. Your ability to get compensation depends on your percentage of fault compared with the driver’s. Many times, drivers bear primary liability for jaywalking pedestrians’ injuries since drivers’ speed, distraction, failure to yield, or other issues may have factored into an accident.
Get answers today from a Las Vegas pedestrian accident lawyer. Call George Bochanis Injury Law Offices at (702) 388-2005.
Can You Recover Compensation If You Were Jaywalking in Nevada?
Jaywalking does not necessarily mean you lose your legal rights. Crossing outside a marked crosswalk is violating traffic rules, but personal injury claims are about negligence, not just rule-breaking.
In situations involving a pedestrian hit by a car in Nevada, the main question is whether the driver used reasonable care. Drivers always have a duty to remain alert, follow speed limits, and not hit pedestrians, including those hit outside the crosswalk.
Courts may find drivers at least partially responsible for pedestrian injuries if drivers were speeding, texting, or did not brake when they had time to do so. In these situations, jaywalking pedestrians could recover some or all damages for medical bills, lost wages, pain and suffering, and future care.
The environment is one factor playing a role in driver responsibility. Las Vegas, often named the deadliest city for pedestrians, typically has high traffic volume, lots of pedestrians, and impaired or distracted drivers. Courts study lighting conditions, traffic patterns, and whether a driver reasonably should have anticipated a pedestrian’s behavior.
How Nevada’s Comparative Negligence Law Affects Jaywalking Accidents
Under Nevada’s modified comparative negligence system, you can recover compensation as long as you are not more at fault than the driver. Your total compensation reduces by your percentage of fault.
- By itself, jaywalking does not automatically put you over the 50% threshold.
- If you are 30% at fault and the driver is 70% at fault, your damages reduce by 30%.
- You are eligible to recover nothing if you are 51% or more at fault.
Jaywalking does not automatically place a pedestrian at fault. The circumstances of the crash determine fault.
Insurance companies often argue that pedestrians should bear most of the blame in jaywalking cases. That is one reason evidence matters. Surveillance footage, traffic camera data, witness statements, vehicle speed data, and accident reconstruction can all show that most of the fault lies with the driver.
Modified comparative negligence is one reason contacting a pedestrian accident lawyer early may make a major difference. A lawyer can push back against the fault claims that insurance companies exaggerate and focus on the driver’s behavior, not just on where the pedestrian was walking.
Your Behavior Besides Jaywalking
Las Vegas police in 2025 did say that pedestrians cause 90% of pedestrian fatalities. This statistic is the police’s view of contributing factors, not a determination of civil fault. That aside, it highlights the fact that pedestrians’ overall behavior matters (drivers’ overall behavior matters, too). The figure includes more than jaywalking, but if a pedestrian is intoxicated or texting in addition to jaywalking, that could later add nuance to liability.
When a Driver Can Still Be Liable for Hitting a Jaywalker
Do you still have a case if you’re hit by a car? Many times, drivers are legally responsible for hitting jaywalkers, even if the pedestrians broke traffic rules.
Speeding or Driving Too Fast for Conditions
If a driver was speeding or driving too fast for traffic, weather, or visibility, he or she may be liable for jaywalking accident injuries. Excess speed reduces drivers’ reaction time and stopping distance. For example, drivers should reasonably expect pedestrian activity near casinos and slow down when they see crowds of people walking. Courts often hold drivers to a higher standard in certain types of environments.
Distracted Driving
Drivers who text, use GPS, eat, or who are otherwise distracted may not notice pedestrians until it is too late. Distraction is a strong factor in driver liability, even when the pedestrian crossed improperly.
Impaired Driving
Alcohol, drugs, and even fatigue can hurt drivers’ judgment and reaction time. If drivers were impaired in some way, the significance of jaywalking in determining liability wanes.
Poor Lighting or Road Design
If the area lacked adequate lighting, signage, or pedestrian infrastructure, liability may extend beyond the pedestrian’s actions. Citizens and city officials often discuss such conditions when talking about how to reduce pedestrian accidents. A Las Vegas pedestrian accident lawyer may be able to show that the driver had the last clear chance to avoid a collision and did not do it.
A jaywalking accident can lead to severe injuries. Contact us today at George Bochanis Injury Law Offices for guidance on cases in the Las Vegas area.
FAQs About Jaywalking in Nevada: Do You Still Have a Case If You’re Hit by a Car?
Can I sue if I was jaywalking and got hit by a car in Nevada?
Jaywalking does not automatically prevent you from filing a claim or recovering compensation under Nevada’s comparative negligence law.
Does jaywalking automatically make me at fault in an accident?
The pedestrian and driver can share fault, even if someone is jaywalking.
Should I contact a lawyer after a jaywalking pedestrian accident in Las Vegas?
A pedestrian accident lawyer can help protect you from unfair fault assessments and pursue compensation even if a car hit you outside a crosswalk.
