A common cause of accidents in Las Vegas is glare from high beams. When an accident is caused by failure to dim high beams, the driver who violates the law may be liable to victims for their damages. Here’s what you need to know from our Las Vegas car accident attorneys.
Las Vegas Failure to Dim High Beams Law
The Las Vegas failure to dim high beams law is Nevada law 484D.215. It is a misdemeanor offense. The possible penalties are a $205 fine and five points added to the driver’s license.
Failing to Dim High Beams in Las Vegas Nevada
Failing to dim high beams in Las Vegas, Nevada is a violation of Nevada law 484D.215. A driver must turn off their high beams in two situations:
- When an oncoming car is 500 feet or less away
- When they are 300 feet or less behind another vehicle traveling in the same direction
A driver that doesn’t dim their high beams faces a misdemeanor charge, a fine, license points, and civil liability if an accident occurs.
Accidents Caused by High Beams
Accidents caused by high beams may deserve financial compensation. Each driver has an obligation to use reasonable care and caution on the roads. Dimming high beams for an oncoming car is one way that a driver stays safe on the roads. Accidents caused by high beams may fall into the category of civil tort law that deserves payment for the injured victim.
Is There a Law Against Bright Headlights in Las Vegas?
Yes, there is a law against bright headlights in Las Vegas. It is Nevada law 484D.215. A driver may not use their high beams within 500 feet for an oncoming car. In addition, a driver may not use high beams if there is a car within 300 feet in front of them. A violation of the law is a misdemeanor and punishable by a fine.
Failure to Dim High Beams and Negligence Per Se
When an accident occurs because of failure to dim high beams, the responsible driver may be liable for negligence per se. To win a civil claim for compensation, the victim must prove that the driver was negligent. That means that the driver wasn’t careful enough compared to what’s reasonable for drivers on the road.
Usually, whether a driver is negligent on the road is up to the opinion of the jury. However, when a driver breaks a traffic rule, the driver is automatically negligent. When a driver has automatic negligence because of violating a traffic rule, the driver is guilty of negligence per se.
Negligence per se applies in cases of failure to dim high beams. If it’s clear that the driver didn’t turn off their high beams, the court will instruct the jury to find the driver negligent. Then, it’s just a matter of proving that the accident occurred because of the high beams.
At the end of the trial, the court will give jury instruction 4.12. It says, “A violation of the law…constitutes negligence as a matter of law.” The court tells the jury to find that the driver is negligent. The jury has to consider only questions of proximate causation and damages.
Accidents Caused by Bright Headlights
Accidents caused by bright headlights occur every day. The glare created by bright headlights at night can be disorienting for drivers. A driver may not be able to stay in their lane or react to changing conditions on the road because of the bright headlights from another driver. All drivers must be careful on the roads. When a driver exhibits carelessness in the form of leaving on their bright lights, they may be legally liable to an accident victim.
Accidents Due to Headlight Glare
Accidents due to headlight glare can occur because of glare created by headlights at night. The reflection of the light can disrupt a driver’s normal view of the road. A driver that’s blinded by glare may not be able to stay in their lane, see vehicles and obstructions on the road, or control their speed. A driver must be careful not to use their high beams when it’s inappropriate. Drivers must also drive slowly and carefully knowing that headlight glare may be an issue.
Comparative Negligence in Accidents Caused by High Beams
Comparative negligence may be an issue in cases of accidents caused by high beams. However, it’s important to build a timeline for the crash. For example, a driver who fails to dim their high beams might cause another driver to stray from their lane. In that case, the driver who strays from their lane may fight the allegation of comparative negligence. It’s up to the jury to apportion fault. Each driver must give the jury the information that they need to make a correct decision in the case.
What Happens If a Driver With Bright Lights on Isn’t in the Crash?
You might wonder how legal liability falls when the driver with their bright lights on isn’t directly involved in a crash. Sometimes, bright lights can cause an accident even though the driver who leaves their lights on isn’t a vehicle in the accident. Under the law, a driver can be responsible for causing a crash even if they aren’t personally involved in a crash. When bright lights cause a chain reaction crash, the driver may still have legal liability.
Legal liability is the same as it would be if the driver had been involved in the crash. Of course, there are some practical challenges involved in proving the case. You must work quickly to identify the driver and gather the evidence to prove that bright lights were an issue in the accident. Calling the police and documenting evidence at the accident scene is critically important.
Contact an Experienced Car Accident Lawyer
Are you the victim of an accident caused by a driver who failed to dim their high beams? Let our legal team fight for justice for you. Our attorneys for high beam accidents in Las Vegas can help you bring your case and pursue it until you have fair compensation. Call us today.