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Nevada Is a Fault State for Car Accident Liability
Nevada is a fault state for car accident liability. Even an accident with minor or moderate injuries or property damage may result in legal liability for the at-fault driver. There are no minimum injury thresholds to sustain a third-party claim. Injuries of any severity may be the subject of a claim against the driver and their insurance.
Car Accident Liability Laws
Nevada car accident liability is based on negligence, reckless conduct or intentional actions. Negligence is the failure to exercise reasonable care and caution while driving. When negligence results in an accident, that can be enough to make the responsible party legally liable for damages.
Reckless conduct displays a willful and wanton disregard for the safety of others. Intentional conduct is purposefully dangerous behavior like road rage. Nevada car accident liability laws put the responsibility on drivers to act with reasonable caution at all times. When an accident results from negligence, recklessness or intentional behavior, the offender may owe the victim economic and non-economic damages.
Nevada drunk driving laws are found in Nevada Revised Statutes 484C.400. The legal limit is a .08 for non-commercial drivers. There are several kinds of behavior that amount to drunk driving in the State of Nevada. For example:
- Bodily alcohol content of .08 or more in blood or breath
- Operating under the influence of intoxicating liquor
- Operating under the influence of a controlled substance
- Operating under the influence of inhalants
- Operating under the influence of a combination of alcohol and a controlled substance
- Driving over the legal limit for marijuana
- Driving over the legal limit for illegal substances like cocaine, heroin and methamphetamine
The basic penalties for a drunk driving offense are up to six months in jail, a fine of up to $1,000 and a suspension of the offender’s driver’s license. However, there are several circumstances and conditions that may make the charges more serious.
Nevada law says a driver shall not backup their vehicle unless they can do so with reasonable safety and without interfering with traffic. Drivers may not back into intersections. In addition, a driver must yield the right of way to moving traffic and pedestrians.
Reckless driving is the willful or wanton disregard for the safety of persons or property on a public highway. A speed contest may also be aggressive driving. Typically, reckless driving charges are reserved for very serious, dangerous driving behavior.
Drivers cannot text and drive. The law defines texting as entering text into a wireless, handheld communication device or even reading data to access the Internet or communicate with another person.
RELATED: Dangers of Texting While Walking
A person with a permanent disability may apply for a designated license plate. They need a statement from a licensed doctor or nurse that verifies the disability. Temporary permits are also available. Remember, having a disability plate does not waive fees for metered parking spaces.
Nevada Driving Laws – Frequently Asked Questions
Can You Talk on the Phone While Driving in Nevada?
No, you cannot talk on the phone while driving in Nevada. The law prohibits using a cell phone while driving unless the driver can use the device hands-free. However, there are emergency exceptions.
Is It Illegal to Drive Barefoot in Nevada?
No, it is not illegal to drive barefoot in Nevada. The State of Nevada does not have a law that prohibits driving while barefoot. However, if driving barefoot contributes to an accident, it may be seen as negligence, or the driver may receive a citation for careless driving.
Are U-Turns Legal in Nevada?
Yes, U-turns are legal in Nevada. You can make a U-turn if it can be made safely. A local government may prohibit them, however. They’re also not allowed in business districts except in designated places or when a no U-turn sign is displayed.
Can Passengers Drink in Nevada?
No, passengers cannot drink in Nevada. However, there is an exception for passenger areas of paid-transportation services. For example, if you’re in the passenger area of a limo for hire, it’s okay for passengers to drink in Nevada. It’s also okay in the living quarters of a house coach or trailer.
Can You Use an Out-of-State Disability License Plate in Nevada?
Yes, you can use an out-of-state disability license plate in Nevada. If you become a Nevada resident, however, you need to get a Nevada plate.
It is illegal to exit a motor vehicle in Nevada while the vehicle is in motion.
Children under six years old and 60 pounds must have a car seat in Nevada. The car seat must be USDOT approved.
A school crossing zone is any street, not adjacent to a school, where students follow a walking route to school. A school zone is the streets adjacent to school property. Nevada law 484B.350 requires drivers to stop for crossing guards or a traffic control device. A crossing guard may be a paid employee or a volunteer.
The basic speed limit in a school zone is 15 mph. It may be as high as 25 mph when school is not in session. Vehicles must slow to the speed limit in school zones in Nevada.
Related: Nevada Teen Driving Laws
Nevada Car Insurance Requirements
All Nevada drivers must have minimum amounts of car insurance. There are minimum requirements for bodily injury, property damage and total accident liability. In addition to these minimums, drivers may purchase additional insurance, like comprehensive and uninsured/underinsured insurance. They may also choose higher coverage than the state-mandated minimum requirements.
Nevada Car Accident Attorneys
Have you been in a car accident? Talk about your case and how you can get the compensation you deserve.
Adam S. Kutner is a top 100 trial lawyer with 32 years’ experience and expertise that will benefit you
Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 32 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.