Can You Go To Jail For A Car Accident?

Jailable Situations Involving Car Accidents

In Nevada, there are numerous instances where a person may be jailed for a car accident. Beyond jail, a driver may also be sent to prison for many years following the conviction of certain car accident criminal charges. 

However, it’s important to note that most traffic accident situations do not result in jail time for any of the parties. Instead, they typically involve infractions. Infractions are non-jailable offenses rather than actual crimes, which carry jail time. 

Some of the most common situations that result in jail time in Nevada include:

Leaving The Scene Of An Accident

Nevada has an accident reporting requirement for traffic accidents. All drivers involved in an auto accident must stop and remain on the scene of an accident to exchange information with one another and render reasonable aid if necessary. 

Failure to stop or remain on the scene after an accident is considered a hit-and-run in Nevada. The state may charge the act as a misdemeanor or a felony. If charged as a misdemeanor, the penalties include up to six months of jail time and up to $1,000 in fines.

A felony hit-and-run conviction, however, can lead to much more serious outcomes, including:

• Between two and 15 years in prison
• Up to $5,000 in fines

If you flee an accident scene, you can expect the state to seek to suspend your license and potentially order you to pay restitution and court costs. 

Reckless Driving

Reckless driving is a criminal traffic charge that involves a willful or wanton disregard for the safety of others. This misdemeanor charge can land you in jail for up to six months, leading to a fine of up to $1,000. 

Reckless driving that results in the death or serious bodily harm of another person can be charged as a Class B felony. The potential criminal consequences of a conviction of a felony reckless driving charge include up to six years in prison and between $2,000 and $5,000 in fines. 

Driving Under The Influence

Most DUI charges involve alcohol. But Nevada law makes it clear that other substances can also sustain DUI charges. Marijuana, prescription drugs, or any substance that impairs a driver’s ability to reasonably drive safely may lead to a criminal charge and should not be consumed before driving.

Penalties for DUI are stiff in Nevada. First-time offenders face misdemeanor charges and up to six months in jail if no bodily injury or death is involved. However, a third offense within seven years becomes a felony and potentially leads to six years in prison.

If any DUI accident involves serious bodily injury or death, felony charges can apply, which can result in a prison term of up to 20 years. 

Vehicular Manslaughter

Although a death is involved, vehicular manslaughter is not a felony charge in Nevada. It is charged as a misdemeanor and covers vehicular deaths resulting from simple negligence. 

What is simple negligence? Simple negligence refers to innocent, common mistakes most people make, such as:

• Forgetting to signal
• Failing to yield during a turn
• Forgetting to turn on headlights

Although common missteps in traffic, these errors can lead to fatal car accidents. However, the state does not feel that punishing these errors harshly is the right course of action. As such, a conviction of vehicular manslaughter can lead to up to six months in jail and a fine of up to $1,000.

What About Driving Without Insurance?

Driving without insurance is not only a crime in Nevada but also an unwise thing to do. One accident could lead to significant auto accident liability and the financial destruction of an uninsured motorist. 

Criminally speaking, driving without insurance is a misdemeanor in Nevada. It comes with fines and serious vehicle, license, and insurance repercussions. But it is not a jailable offense, no matter how often you are convicted. However, repeat offenders face significant difficulties when seeking to register and insure future vehicles. 

Consulting A Seasoned Car Accident Attorney Is Vital

If you’ve been injured in a car accident, you may wonder what kinds of consequences the at-fault driver could face. Nevada has different types of claim options for auto accidents, each with its own potential results. No matter which type of claim you need to file, seeking legal help is crucial.

An experienced auto accident lawyer can evaluate the unique details of your case and fight for the compensation you deserve for your injuries.