Do pedestrians always have the right of way in Nevada?

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:

1. You were on a crosswalk, and the police made a mistake.
2. You never jaywalked, and police mistook you for someone else (“mistaken identity”).
3. 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 Misdemeanor: $250 to $1,000, 50 to 99 hours of community service, and Up to six months in jail
	2nd offense Misdemeanor: $1,00 to $1,500, 100 to 199 hours of community service, and Up to six months in jail
	3rd offense Misdemeanor $1,500 to $2,000, 200 hours of community service, and Up to six months in jail
There was substantial bodily harm	Category B felony: 1 to 6 years in Nevada State Prison and $2,000 to $5,000

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.

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Legal References