In Nevada, pedestrians always have the right of way at marked- and unmarked crosswalks unless a traffic sign or traffic officer is signaling otherwise. Even though jaywalking is illegal, oncoming traffic must yield to jaywalkers in order to avoid a collision.1
Can I be arrested for jaywalking?
If police suspect you of jaywalking in Nevada, police typically will just issue you a citation for a civil infraction.
Civil infractions carry no jail time and a maximum $100 penalty.2 In the City of Las Vegas, the civil penalty plus costs is $163.3
Three common defenses to jaywalking charges are:
- You were on a crosswalk, and the police made a mistake.
- You never jaywalked, and police mistook you for someone else (“mistaken identity”).
- Any reasonable person in your situation would have jaywalked under the circumstances. An example would be fleeing an assailant, an unleashed dog, or a falling tree branch.
Can I be arrested for failing to yield to a pedestrian?
If you are driving and fail to yield to a pedestrian at a crosswalk – and there was no collision – then police will likely just issue you a citation for a civil infraction with a maximum penalty of $500 plus four DMV demerit points.4 In the city of Las Vegas, the penalty is typically $415.5
If there was a collision, then the police are likely to arrest you for reckless driving. The penalties turn on whether anyone other than you sustained substantial bodily harm.
|
Failing to yield to a pedestrian causing a collision |
Criminal sentence in Nevada |
| There was no substantial bodily harm |
1st offense
|
|
2nd offense Misdemeanor:
|
|
|
3rd offense Misdemeanor
|
|
| There was substantial bodily harm | Category B felony:
|
In addition, the Nevada DMV will add eight DMV points to your driver’s license. Plus the criminal penalties can potentially double if the incident occurred in a pedestrian safety zone.6
The best way to fight failure to yield charges is to compile as much evidence as possible to weaken the state’s case. Examples include:
- eyewitness testimony
- video surveillance footage from mounted traffic cameras
- GPS data from your car
What do I sue for if I was hit at a crosswalk?
If you were a pedestrian injured by an automobile, motorcycle, or bicyclist at a Nevada crosswalk, you likely have grounds to sue the driver/rider for negligence and negligence per se.
If the motor vehicle or bike were somehow defective, you may also have a products liability claim against the manufacturer. If the traffic light was broken (such as signaling you to walk while giving oncoming traffic a green light), you have grounds to sue the city as well.
Depending on the case, you may be able to recover money damages to cover all your
- medical bills,
- lost wages (from being too injured to work), and
- pain and suffering
Note that even if you were partially at fault – such as by crossing against the signal or outside of the crosswalk – you still may be eligible for a financial recovery as long as you were no more than 50% at fault.7
Learn more about Las Vegas pedestrian accident lawsuits.
Legal References
- NRS 484A.065. NRS 484B.283. NRS 484B.287.
- NRS 484B.287.
- Las Vegas Vehicle Code 1201.
- NRS 48B.283.
- Las Vegas Vehicle Code 717.
- Nevada DMV Violation Codes. NAC 483.510.
- NRS 41.141. See also Meyer v. Estate of Swain (1988) ; Gonzalez v. State (2020) 463 P.3d 481 (unpublished).
