If you were injured by a motorist while jaywalking, it doesn’t mean that you are barred from recovery. Obviously, there are laws in most areas of Nevada that address jaywalking.
Although you’re not supposed to jaywalk, drivers have responsibilities, too. Some of those responsibilities involve keeping an eye open for pedestrians even if they are not in a marked crosswalk.
The bottom line is that if you’re jaywalking, it does not bar recovery, but it may make it difficult depending on the scenario. In Nevada, we have “contributory negligence,” and if you are found to be 50% or less at fault, you can still recover. Jaywalking per se would not bar recovery.
If the pedestrian is in the crosswalk, is the driver always at fault?
No. If you have a crosswalk that has the Walk and Don’t Walk signs, and the pedestrian is walking with the Walk sign, and gets hit, then I would say yes, the driver looks like he’s at fault. But, if the pedestrian is out in the middle of the crosswalk on a Don’t Walk sign, then you are going to have a more difficult case to show the driver was negligent.
There is no fast and dry rule on when someone is or is not negligent.
It always depends on the unique facts and circumstances of the pedestrian accident.