NRS 484B.130 – Double Penalty for Traffic Violations in Work Zones

When Are Signs Not Required to Create a Work Zone in Nevada?

Signs are not required in all circumstances to designate a work zone in Nevada. Work zone signs are not needed in order to impose a double penalty for a work zone violation in these circumstances:

• Emergency situations that threaten the health, safety and welfare of the public
• Residential areas where the speed limit is 25 miles per hour or less
• Even though signs are not required in these circumstances, if there are no signs, extra penalties may not be imposed unless an injury results from the violation

Of course, the easiest way to identify a work zone is to post signs at the beginning and end of the area. However, if an injury occurs in a place that meets the criteria, the driver may face double penalties even without posted notices.

How Does Double Punishment Work for Nevada Work Zone NRS 484B.130 Violations?

Double punishment is possible for Nevada work zone violations with the following rules and conditions:

Double the Maximum Penalty Up to the Statutory Maximum

The extra penalty for the work zone violation can be no more than double the underlying offense. However, in any event, additional penalties cannot be more than an extra $1,000 fine, six months in jail and 120 hours of community service. That means if the maximum penalty for the offense is one year in jail and a $2,500 fine, the offender can receive only another six months in jail and a $1,000 additional fine.

Punishment for NRS 484B.130 Violations Is Consecutive, Not Concurrent

For a work zone penalty, the offender must complete the sentence for the underlying violation before beginning the added sentence. For example, say the defendant commits a serious speeding offense of 30 miles an hour over the speed limit in a work zone. A person gets seriously injured. The defendant receives six months in jail for the underlying offense. They also receive six months in jail because of the extra penalty in a work zone.

In this case, the defendant serves one year in jail in total. They can’t get double credit for each day served in jail. Instead, they must completely fulfill the penalty for the original offense and then serve the added penalty.

A Violation of Work Zone Traffic Laws Is Not an Independent Offense

A person guilty of a traffic offense that occurs in a work zone is convicted of one offense. Even though the work zone law is a separate law with its own citation, ultimately, a work zone violation is an enhancement to a traffic violation and not a separate offense in and of itself.

If the person is not convicted of the underlying traffic offense, they do not receive any penalties for NRS 484B.130. The state must prove the traffic violation against the driver, as well as prove that the offense happened in a work zone in order for the extra penalties to apply.

NRS 484B.130 Work Zone Violations and Negligence

When an accident occurs in a work zone, the victims may have the legal right to claim compensation. A victim may be a person in another vehicle. It can also be a person who is injured on the road. It could even be a company that sustains damage to its equipment on the side of the road in the work zone.

Legal liability for all accidents is based on negligence. To determine whether a party is negligent, the parties compare their actions to a reasonable person standard. In other words, what would a reasonable person do under the same circumstances? The existence of a work zone can create a higher standard of negligence. When there are known dangers, drivers are expected to respond accordingly. That means slowing down and taking defensive measures as needed.

Work Zone Violations and Car Accidents

The victim of an accident that occurs in a work zone can rely on the existence of the work zone to demonstrate how the defendant failed to use an appropriate burden of care. A negligence action may be available regardless of whether the driver receives a traffic ticket or the penalty enhancements for a violation of NRS 484B.130. Contact an experienced car accident attorney today to learn more.

Sources:

¹ NRS 484B.130