Hitting a pedestrian in Nevada by "failing to yield to a pedestrian at a crosswalk" constitutes reckless driving. Typical penalties include fines and community service and possibly jail.
Violating NRS 484B.283 can cause up to eight (8) demerit points to go on the person's Nevada driver's license. And if the incident occurred in a pedestrian safety zone, penalties may double.
Prosecutors are usually amenable to reducing traffic charges or possibly dismissing them. But judges will always issue bench warrants to defendants who blow off court or fine payments.
In this article our Las Vegas traffic ticket attorneys answer frequently-asked-questions about Nevada laws for yielding to pedestrians at crosswalks, including defense strategies, possible punishments, demerit points, and record seals. Click on a topic to jump to that section:
- 1. What is "failing to yield to a pedestrian at crosswalks" in NV?
- 2. How do I fight charges of "failing to yield to a pedestrian at crosswalks" in NV?
- 3. What are the penalties for "failing to yield at crosswalks" in NV?
- 4. Can I get a NV charge for "failing to yield to a pedestrian at crosswalks" reduced?
- 5. How many points will go on my NV driver's license?
- 6. Will my auto insurance premiums go up?
- 7. Do I have to do traffic school?
- 8. What will happen if I ignore my charge?
- 9. What will happen to my NV commercial driver's license?
- 10. What will happen to my out-of-state driver's license?
- 11. When can I seal my case in NV?
- 12. Will I get deported?
- 13. Should I fight my charge or just plead guilty?
- 14. Can I go to trial?
- 15. Do I need an attorney?
If you have been injured by a driver who did not yield, contact our Las Vegas personal injury attorneys to learn how you may file suit and win a large financial settlement.
Nevada drivers must yield to pedestrians at crosswalks. Specifically, state law mandates the following:
- When official traffic-control devices are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger; and
- Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.1
Drivers who hit a pedestrian in Nevada because of failing to yield at a crosswalk face charges for reckless driving.2
2. How do I fight charges for "failing to yield to a pedestrian at a crosswalk" in Las Vegas, Nevada?
The state has the burden to prove guilt beyond a reasonable doubt, which is a very high bar. The driver's defense attorney may be able to show the prosecutor that insufficient evidence exists to sustain a conviction. Typical evidence in these types of cases include:
- surveillance video from traffic cameras or eyewitnesses,
- photographs from traffic cameras or eyewitnesses, and/or
- eyewitness testimony from other drivers, pedestrians, or members of Las Vegas Metro or the Nevada Highway Patrol
In some cases, the pedestrian was clearly in the wrong. Perhaps the pedestrian suddenly left the curb in the vehicle's path. Or perhaps the pedestrian disobeyed the Walk/Don't Walk signals. If the defense attorney can show that the pedestrian caused the accident and not the driver, criminal charges against the driver should be dropped.
3. What are the penalties for hitting a pedestrian by "failing to yield at a crosswalk" in Las Vegas, Nevada?
It depends whether there is a collision or not:
3.1. No collision
Not yielding to a pedestrian at a crosswalk is a misdemeanor as long as there was no accident. The sentence is up to six (6) months in jail and/or up to $1,000 in fines. In Las Vegas, the fine is usually $395.
And if the accident happened in a pedestrian safety zone, the court may double the penalties; this additional penalty may not exceed $1,000 in fines, six (6) months of jail or 120 hours of community service.3
3.2. With collision (reckless driving)
The penalties depend on whether the collision resulted in substantial bodily harm to the pedestrian. If there was no major harm, failing to yield at a crosswalk is misdemeanor reckless driving:
- A first-time offense carries $250 to $1,000 in fines and 50 to 99 hours of community service.
- A second-time offense carries $1,000 to $1,500 in fines and 100 to 199 hours of community service.
- A third-time or subsequent offense carries $1,500 to $2,000 in fines and 200 hours of community service.
In addition, the court may impose a maximum of six (6) months in jail. And if the accident happened in a pedestrian safety zone, the court may double the penalties; this additional penalty may not exceed $1,000 in fines, six (6) months of jail or 120 hours of community service.
Meanwhile, causing substantial bodily harm or death to a pedestrian by not yielding at a crosswalk is category B felony reckless driving. The sentence is one to six (1 - 6) years in Nevada State Prison and fines of $2,000 to $5,000.4
4. Can I get a charge for "failing to yield to a pedestrian at a crosswalk" reduced to a non-moving violation in Las Vegas, Nevada?
It is possible; however, prosecutors are more resistant to reducing traffic charges in cases where someone gets harmed.
5. How many points will "failing to yield to a pedestrian at a crosswalk" put on my driver's license in Nevada?
People charged with failing to yield at crosswalks without causing an accident will have four (4) demerit points added to their license. Meanwhile, people charged with reckless driving will have eight (8) demerit points put on their license.
Getting twelve (12) or more demerit points within a year will cause a six (6) month license suspension. Drivers can request a hearing with the Nevada DMV to contest license suspensions, but they are advised to retain counsel to represent them.5
Note that driving on a suspended license is a misdemeanor in itself that carries up to six (6) months in jail and/or up to $1,000 in fines.6
Usually, yes. But if the defense attorney succeeds in getting the charges dismissed or reduced to a non-moving violation, insurance rates should stay the same.
Not necessarily, though doing traffic school may be a way to persuade the judge to reduce or dismiss the charges.7
The judge will issue a bench warrant, which will stay active until the defendant's attorney files a "motion to quash the warrant" and convinces the judge to recall the warrant. And while the warrant is active, the person can be arrested at any time and held without bail.8
Both the driver's regular driver's license and commercial driver's license (CDL) will receive four (4) demerit points if there was no accident, or eight (8) demerit points if there was. This is true no matter what car the driver was operating at the time. CDL-holders must tell their boss about the traffic charge within thirty (30) days of the accident.9
9.1. CDL Suspension
Note that reckless driving is considered a "serious offense" under federal law. This means that CDL-holders who pick up two (2) "serious offenses" within a three (3) year time span will get a 60-day CDL suspension. And for a third offense, the driver's CDL will be suspended for 120 days.10
It varies state-to-state, so an attorney from the driver's home state should be consulted.
Misdemeanor convictions may be sealable one (1) year after the case ends. Felony convictions may be sealable five (5) years after the case ends.11 And traffic charges that get dismissed may be sealable right away.12
Failing to yield at a crosswalk is not a deportable crime, so immigration status should not be affected ... but there is no guarantee. Aliens should consult experienced counsel whenever they are facing criminal charges to discuss deportation issues. Read more about the criminal defense of immigrants in Nevada.
Yes. Chances are decent that a good criminal defense attorney can negotiate a significant charge reduction or dismissal that can save the driver's license, pocketbook, and insurance rates.
Bench trials (where the judge decides guilt or innocence) are available to people charged with misdemeanor traffic offenses. But people facing felony reckless driving charges may choose to have either a bench trial or a jury trial. In most cases, though, the case settles without a trial.13
Having an attorney is always recommended and tend to get better results than unrepresented defendants. And if a defendant hires an attorney, chances are the defendant will never have to go to court and can rely on the attorney to make all court appearances.
Arrested for failing to yield to a pedestrian at a crosswalk? Call a Nevada criminal defense attorney...
Were you arrested for not yielding to a pedestrian at a crosswalk in Clark County or elsewhere in Nevada? For a FREE consultation, contact our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) right now. Our goal is to try to get your charges dismissed or reduced to a non-moving violation with lower or no fines, fewer or no demerit points, and no traffic school.
Were you or a loved one injured at a crosswalk by a driver who did not yield? Our Las Vegas car accident attorneys will fight for compensatory damages to pay for all your medical bills, pain and suffering, lost wages, and loss of future earnings, and more. You may still be able to recover money if you were partially to blame. And we do not get paid unless you get paid.
- NRS 484B.283; Nevada DMV Violation Codes; the Nevada DMV refers to "failing to yield to a pedestrian as a crosswalk" as FTY Row To Pedestrian Or Exercise Due Care To Avoid A Collision With A Pedestrian, Violation Code 425 or ACD Code N08.
- NRS 484B.283; NRS 484B.135.
- NRS 484B.283.
- NAC 483.500; NAC 483.510; Nevada DMV Violation Codes.
- NAC 483.764.
- See, e.g., Las Vegas Justice Court Traffic School.
- NRS 173.155; see, e.g. motion to place on calendar to quash the warrant at Las Vegas Justice Court; Nevada DMV Suspension.
- NAC 483.500; NAC 483.510.
- 49 CFR §383.51.
- NRS 179.245.
- NRS 179.255.
- Sixth Amendment.