- Oct 7, 2024 - Car Accidents - Written by Cloward Trial Lawyers, reviewed by Ben Cloward
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call or text us 702-605-5000Accidents occur. But what happens if a car accident resulted in the death of a person? Depending on the cause of the incident, the perpetrator could be responsible for paying thousands of dollars in damages or even serving jail time.
Understanding the severity of your circumstance and acquiring a strong legal team can make all the difference in your case. Our legal team at Cloward Trial Lawyers can guide you through the necessary steps to seek justice and compensation for your loved one.
Many of the convictions surrounding death with a vehicle depend on whether there was negligence or not. Understanding the legal definition of negligence can help you determine whether someone can be held criminally responsible for their actions.
The Nevada Revised Statutes defines negligence in the context of criminal law as “a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent person usually exercises in his or her own business” (NRS 193.018).
A person can be charged with negligence if their actions fall below the level of care that a reasonable person would have exercised in a similar situation. Vehicle speed, alcohol and drugs, and distracted driving are all common factors that can impact a driver’s criminal liability for negligence.
For example, if a driver fails to stop at a red light and causes an accident that results in injury or death, they could be considered negligent because they did not exercise reasonable care in obeying traffic laws to avoid the accident.
Negligence can be charged as misdemeanors or felony offenses, depending on the severity of the damages. In cases where negligence results in the death of another person, the offender can be charged with a felony offense.
If a person is at fault for a car accident that injured or killed another person, they may be ordered to pay a fine, participate in community service, or serve jail time. Crimes range in severity from misdemeanors to felonies and include:
In Nevada, reckless driving (NRS 484B.653) is defined as operating a vehicle “with a willful or wanton disregard for the safety of persons or property.” This also prohibits organizing or participating in unauthorized speed contests and trick driving displays.
Penalties for reckless driving may include:
A reckless driving conviction will add eight demerit points to a driving record, which can result in increased insurance rates and may also affect a person’s ability to maintain a valid driver’s license.
In some cases, reckless driving convictions may also lead to community service and court-ordered defensive driving courses. The severity of the penalty depends on the specific circumstances of the offense and an individual’s past convictions.
According to Nevada law, a person is found guilty of vehicular manslaughter (NRS 484B.657) if they cause the death of another person while driving a vehicle “through an act or omission that constitutes simple negligence.”
Vehicular manslaughter is a misdemeanor charge and can result in a fine of $1,000 and imprisonment for up to 6 months. However, if a person commits vehicular manslaughter in a work zone or pedestrian safety zone, they may be subject to additional penalties.
Upon conviction, the court will also notify the Department of Motor Vehicles (DMV). The DMV will then add an entry of the conviction to the driving record of the person, which may impact their ability to obtain or maintain a driver’s license in the future.
Vehicular homicide (NRS 484C.130) involves a higher level of culpability than vehicular manslaughter, meaning that the offender acted with a greater degree of recklessness or negligence. This charge is reserved for individuals who are responsible for the death of another person while acting with a “reckless disregard” for the safety of others.
The at-fault party will be charged with vehicular homicide if a person:
The penalties for vehicular homicide are much more severe than those for vehicular manslaughter. Vehicular homicide is classified as a category A felony, which is the most serious type of felony in Nevada. Convictions for vehicular homicide can result in a prison sentence of 25 years to life and fines up to $10,000.
If a person uses their vehicle as a weapon to intentionally kill another person, they could be faced with second-degree murder charges.
Second-degree murder is a category A felony and is punishable by 25 years to life in prison and will result in a permanent criminal record, which can have serious long-term consequences.
If someone intentionally causes harm to another person, such as in an assault or murder, they cannot be charged with negligence because their actions were not accidental or unintentional.
Injured in an Accident in Las Vegas?
In most cases resulting in the accidental death of another person, negligence must be proven in order to convict an individual. There are several common circumstances that may indicate the innocence of a person if they were involved in an accident that led to a person’s death, including:
The person did not directly cause the accident that led to the death. For instance, they may be innocent if the accident was the result of a mechanical issue with a vehicle or poor road conditions.
The accident may be the result of a person defending themselves or others from harm, such as applying brakes, swerving, or overcorrecting to avoid a collision.
The death may have been caused by an unforeseeable event, such as a tree falling onto the road or an animal running in front of the car.
If a person suffered a sudden medical emergency, such as a heart attack, stroke, or seizure, and was not in control of the vehicle, a legal team may be able to argue that they were unable to safely operate the car during the incident.
If you are involved in a car accident, call 911 and report the accident immediately. Remember to stay at the scene until the police arrive and cooperate with their investigation.
Being linked to a case involving a fatality means you can expect a legal process that is often complex, emotional, and lengthy. There will be an investigation by law enforcement to determine the cause of the accident and, eventually, to file criminal charges. As a result, someone may be charged with a crime and required to participate in legal proceedings.
You may want to talk about the accident with friends and family, but it’s important to avoid discussing the details of the accident with anyone other than your attorney. Statements made to friends and family can be used in court. Also, Cloward Trial Lawyers can represent you throughout the legal process and help you build the most robust possible case.
To grasp the severity of fatal car accidents, it’s important to review some recent statistics. In the U.S., fatal accidents remain a significant issue despite advances in vehicle safety and regulations. According to the Insurance Institute for Highway Safety (IIHS), 42,939 people died in motor vehicle crashes in 2021, a 10.5% increase from 2020. This rise is particularly concerning, given that road traffic dropped during the COVID-19 pandemic.
Nevada has seen its own upsetting trends. According to the Nevada Department of Transportation (NDOT), there were 382 fatalities in traffic accidents in the state during 2022 alone. More alarming is the increase in pedestrian fatalities, which rose by 22% compared to the previous year (NDOT Nevada Crash Facts, 2023). The Zero Fatalities Initiative emphasizes the role of human error, accounting for about 94% of crashes, highlighting the importance of responsible driving to reduce fatalities.
In a national context, over 36,000 fatal crashes occurred in the U.S. in 2020, according to the National Safety Council. Many of these accidents involved factors like speeding, impaired driving, or distracted driving, which are unfortunately common on American roads. Additionally, motorcyclists, cyclists, and pedestrians continue to be disproportionately affected by fatal crashes. The Zero Fatalities Strategic Highway Safety Plan emphasizes targeted measures to reduce these numbers, focusing on critical areas like impaired driving and speeding.
Fatal car accidents are a complex issue influenced by several factors. Despite ongoing efforts to improve road safety, certain behaviors significantly increase the risk of deadly accidents:
One of the most pressing questions many have after a fatal car accident is whether the driver can go to jail, especially in cases where the death was accidental. Yes, drivers can face jail time, depending on the circumstances of the accident.
Drivers involved in fatal accidents may face criminal charges such as vehicular manslaughter or negligent homicide. Both charges carry significant penalties, ranging from fines and probation to long-term imprisonment. Factors such as speeding, driving under the influence, or other reckless behavior can escalate the severity of charges. For instance, if a driver was intoxicated at the time of the accident, the penalties can be much harsher, potentially leading to multiple years in prison.
In cases where gross negligence is involved, such as extreme speeding or blatant disregard for traffic laws, drivers may even face second-degree murder charges. This means that while not all lethal accidents result in jail time, those where reckless or negligent behavior is proven can lead to severe legal consequences.
While criminal charges are one avenue of consequences, civil lawsuits often follow tragic car accidents. The family of the deceased can file a wrongful death lawsuit, seeking compensation for medical expenses, funeral costs, lost wages, and the emotional suffering caused by the accident.
Even if the driver involved in the accident avoids criminal charges, they may still be held financially responsible through civil litigation. Insurance companies will likely be involved in these claims, but if the compensation exceeds the driver’s insurance coverage, the accused may be required to pay out-of-pocket, jeopardizing their financial stability.
Navigating the aftermath of a fatal car accident is challenging, both emotionally and legally. Understanding the potential consequences—whether criminal or civil—is essential for anyone involved in such an incident.
To learn more or schedule a consultation, contact Cloward Trial Lawyers at (702) 605-5000, or visit our office at 9950 W Cheyenne Ave, Las Vegas, NV 89129.
In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.
Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV
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