In Nevada, there are laws in place to protect pedestrians who are crossing the roadway within a marked or unmarked crosswalk or at an intersection with no marked crosswalk. These laws are designed to help ensure pedestrians' safety and reduce the risk of pedestrian accidents and injuries.
Under Nevada law, Nevada Statute 484B.287, drivers must yield the right-of-way to pedestrians crossing the roadway within a marked or unmarked crosswalk. The requirement also extends to intersections with no marked crosswalk if the pedestrian is on half of the road upon which the car is traveling or when the pedestrian is approaching so near from the opposite half of the road as to be in danger.
Drivers who fail to yield to pedestrians in a crosswalk or intersection could be cited and face a fine. It is crucial for both pedestrians and drivers to be aware of crosswalk laws and to follow them to help prevent accidents and injuries.
Nevada’s Definition of Crosswalks
In Nevada, a crosswalk is a marked or unmarked pedestrian crossing on a roadway. It is where pedestrians have the right of way, and drivers must yield to pedestrians. Crosswalks are typically marked with painted lines on the road, but they can also be unmarked and indicated by street signs or traffic signals. Drivers must exercise caution when approaching a crosswalk and be prepared to stop for crossing pedestrians. Pedestrians must use crosswalks whenever possible to ensure their safety when crossing the road.
All Nevada intersections have crosswalks and designated areas for pedestrians to cross the street safely. Some of these crosswalks are marked with white lines or other pavement markings to indicate their presence and help drivers to yield to pedestrians. These markings are per the guidelines in the MUTCD (Manual on Uniform Traffic Control Devices). Pedestrians and drivers should be aware of crosswalks and follow the road rules when using them.
Implied Crosswalk
An implied crosswalk is a crosswalk that is not marked with pavement markings or other physical indicators but is still legally considered a crosswalk. According to the Nevada Department of Transportation, implied crosswalks exist at all intersections, whether marked or not. This means that pedestrians have the right of way at any crossing, even if there are no marked crosswalks. Drivers are required to yield to pedestrians who are crossing the street at an implied crosswalk. It is important for pedestrians to be aware of this and to use caution when crossing the road at an intersection, even if there are no marked crosswalks.
Every intersection in Nevada has a crosswalk, whether marked with pavement markings or other physical indicators. Both marked and unmarked (implied) crosswalks are treated equally under Nevada traffic laws, and drivers must yield to pedestrians crossing the street at either type of crosswalk.
Nevada’s Crosswalk Laws for Pedestrians
Pedestrians have the right-of-way at all crosswalks in Nevada, whether marked or unmarked. However, pedestrians also have specific responsibilities when using crosswalks. These include:
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Pedestrians are not allowed to suddenly step off the curb and into the crosswalk if an oncoming vehicle is so close that it would be difficult for the driver to yield and stop. This is to ensure the safety of both pedestrians and drivers.
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When the "Don't Walk" signal is displayed at a crosswalk, pedestrians already on the crosswalk are allowed to finish crossing. However, pedestrians on the curb are not allowed to begin crossing. The "Don't Walk" signal indicates that it is no longer safe for pedestrians to enter the roadway, and pedestrians should wait for the next signal before crossing the street.
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Pedestrians must use the right half of crosswalks when crossing the street, whenever it is practical. This means that they should try to walk as close as possible to the right-hand side of the road while crossing unless there are circumstances that make it necessary to use a different part of the crosswalk. For example, if a pedestrian is crossing the street with a wheelchair, stroller, or other mobility devices, they could need to use a different part of the crosswalk to navigate the roadway safely. It is important for pedestrians to be aware of this rule and to follow it when using crosswalks.
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Pedestrians are generally only allowed to cross an intersection diagonally if traffic-control devices expressly permit them. These devices include signs or signals indicating diagonally when pedestrians are safe to cross the street. Pedestrians need to follow these rules and use caution when crossing the street to ensure their safety and the safety of other road users.
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Outside of marked or unmarked crosswalks, pedestrians must yield to oncoming vehicles and allow them to pass before attempting to cross the street. Cars have the right-of-way in these situations, and pedestrians must wait for a safe opportunity to cross. It is important for pedestrians to be aware of this and to use caution when crossing the street outside of a crosswalk to ensure their safety and the safety of other road users.
Jaywalking Under NRS 484B.287
Jaywalking is generally considered a traffic violation rather than a crime. Jaywalking is defined as crossing the street outside a marked or unmarked crosswalk or crossing the road in a manner that does not comply with traffic control signals or other traffic control devices.
According to Nevada state law NRS 484B.287, pedestrians must use a marked or unmarked crosswalk if available and cross the street in a straight line as close as possible to the right-hand side of the road. If a pedestrian violates these rules, he/she could be cited for jaywalking.
It is against the law for pedestrians to walk on the road when a sidewalk is available. Similarly, it is illegal for pedestrians to stand on the road to hitchhike or panhandle. Both of these actions are considered misdemeanors under Nevada law. It is also a misdemeanor for pedestrians to be on the road while under the influence of alcohol or drugs.
Nevada’s Crosswalk Laws for Motorists
Drivers are required to yield to pedestrians who are crossing the street at a crosswalk, whether it is marked or not. This means drivers must stop and allow pedestrians to cross the road safely before proceeding.
Drivers must also be cautious when driving near pedestrians and be prepared to stop if necessary. They should reduce their speed and be alert for pedestrians crossing the street, especially in areas where pedestrians are more likely to be present, like near schools, parks, and shopping centers.
In addition, the law prohibits drivers from passing other vehicles that are stopped at a crosswalk to allow pedestrians to cross the street. Drivers must also yield to pedestrians crossing the street within a marked or unmarked crosswalk when turning at an intersection.
Failing to Yield to a Pedestrian — NRS 484B.283
It is unlawful for a vehicle driver to fail to yield the right-of-way to a pedestrian crossing the road within a marked or unmarked crosswalk. It is also illegal to fail to yield at an intersection with no marked crosswalk if the pedestrian is upon half of the road upon which the car is moving on or when the pedestrian is coming so near from the opposite half of the road as to be in danger.
If a driver fails to yield to a pedestrian in a crosswalk or intersection, they could be cited and face a fine. The exact amount of the fine will depend on the circumstances of the offense and the jurisdiction in which the offense occurred. Drivers must be aware of pedestrians when driving and yield to them when required by law.
Can I File a lawsuit for a Crosswalk Collision?
Yes, it is possible to file a lawsuit if you fall victim to a collision with a driver in a crosswalk. If the driver of the vehicle was at fault for the crash, you could seek compensation for any damages or injuries you sustained due to the accident. The damages could include medical expenses, lost wages, and other damages.
To file a lawsuit, you will need to prove that the driver was negligent in some way and that his/her negligence caused the collision and your injuries. Negligence is generally defined as a failure to exercise the level of care that a reasonable person would under similar circumstances.
It is generally a good idea to speak with an experienced personal injury attorney if you are considering filing a lawsuit after a crosswalk collision. They can help you understand your legal options and advise you on the best action.
The statute of limitations for personal injury cases, including cases involving crosswalk accidents, is two years from the date of the accident. If you were involved in a crosswalk accident, you have two years from when the accident occurred to file a lawsuit seeking compensation for your injuries.
If you fail to file a lawsuit within the statute of limitations, you could lose your right to seek compensation for your injuries. It is important to be aware of the statute of limitations and to speak with an attorney as soon as possible if you have been involved in a crosswalk accident and are considering filing a lawsuit.
Can I Sue if a Loved One Dies in a Crosswalk Collision?
If a loved one has died in a crosswalk collision, you can file a wrongful death lawsuit to seek compensation for your loss. Wrongful death lawsuits are designed to hold the responsible party accountable for their actions and to provide financial support to the surviving family members.
To file a wrongful death lawsuit, you must prove that the defendant's actions or negligence caused your loved one's death. This involves demonstrating that the driver of the vehicle was at fault for the collision and that his/her actions or failure to act were a direct cause of your loved one's death.
Damages You Can Get in Crosswalk Accidents
If you have been involved in a crosswalk accident and are successful in your lawsuit, you will recover damages for your injuries and losses. The types of damages you will receive depend on the specific circumstances of your case.
Some common types of damages plaintiffs recover in a personal injury case, including a crosswalk accident case, include:
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Medical expenses — You will recover the cost of any medical treatment you received due to the accident, including hospital bills, doctor's visits, and prescription medications.
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Lost wages — If you cannot work because of your injuries sustained in the accident, you could recover the wages you lost during this time.
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Property damage — If your personal property, for example, your car or other belongings, was damaged in the accident, you can recover the cost of repairing or replacing the damaged property.
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Pain and suffering — The courts will award you damages for the physical and emotional suffering you experienced because of the accident.
Each case is different, and the specific damages you can recover depend on the circumstances of your case.
Nevada’s Comparative Negligence Laws in a Crosswalk Accident
The law of comparative negligence is applied in personal injury cases, including crosswalk accident cases. Comparative negligence allows a court to apportion fault among the parties involved in an accident and reduce the damages awarded to a plaintiff based on their percentage of fault.
Under Nevada's comparative negligence laws, if you are found to be partially at fault for a crosswalk accident, the courts reduce your damages by the percentage of your fault. For example, if you are awarded $100,000 in damages, and the courts find you to be 20% at fault for the accident, your damages will be reduced by $20,000. You will only be able to recover $80,000.
Crosswalk Injuries and Fatalities
Crosswalk accidents can result in serious injuries or fatalities for pedestrians. According to the Nevada Department of Transportation, there were 5,656 pedestrian crashes in Nevada from 2015 to 2019, resulting in 5,942 injuries and 523 fatalities.
The data includes accidents caused by other motorists. Pedestrians, too, contribute to the high numbers. Several behaviors can increase the risk of pedestrian accidents and injuries. Some examples of unsafe pedestrian behaviors include:
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Jaywalking — Jaywalking refers to crossing a street outside of a marked crosswalk or at an intersection where there is no marked crosswalk. This behavior is hazardous because it can cause pedestrians to enter the roadway unexpectedly, making it difficult for drivers to avoid a collision.
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Walking while distracted — Pedestrians who are distracted by their phones or other electronic devices are less aware of their surroundings and are more likely to walk into the path of a vehicle.
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Walking under the influence of drugs or alcohol — Pedestrians under the influence of drugs or alcohol have impaired judgment. They are more likely to make poor decisions, for example, crossing a street without looking for oncoming traffic.
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Failing to follow traffic signals — Pedestrians who fail to obey traffic signals, for example, stop signs or pedestrian traffic signals, can increase the risk of accidents by entering the roadway unexpectedly.
Pedestrians should be aware of their surroundings and follow safe pedestrian practices to reduce the risk of accidents and injuries.
What is the Difference Between a Pedestrian Crossover and a Crosswalk?
A pedestrian crossover is a crosswalk designed to give pedestrians a safe and convenient way to cross the road. Crossovers are typically marked by painted lines on the road, pedestrian-activated warning signs, and often a raised median or pedestrian refuge island.
Crossovers are located in areas with a high volume of pedestrian traffic, like roads surrounding or near schools or parks. They are intended to make it easier and safer for pedestrians to cross the road and to encourage pedestrians to use the designated crossing area rather than jaywalks.
Conversely, a crosswalk is any marked or unmarked area where pedestrians can legally cross the road. Painted lines typically indicate marked crosswalks on the road and include pedestrian-activated warning signs and other features to alert drivers to the presence of pedestrians. Unmarked crosswalks are generally found at intersections without marked crosswalks and are defined as the sidewalk extension across the roadway at the intersection.
In both cases, drivers must yield to pedestrians crossing the roadway within a marked or unmarked crosswalk. It is essential for both pedestrians and drivers to be aware of crosswalks and crossovers and to follow road rules to help prevent accidents.
Contact a Personal Injury Attorney Near Me
If you have been involved in a crosswalk accident and have sustained an injury, speak with an experienced personal injury attorney as soon as possible. A personal injury attorney can help you understand your legal options and advise you on your options. The Las Vegas Personal Injury Attorney Law Firm has vast experience handling personal injury lawsuits. We have assisted several accident victims in seeking and securing rightful compensation for injuries sustained in accidents. Tap into our experience today by calling our team at 702-996-1224 to schedule a case evaluation.