Can You Go to Jail For Accidentally Killing Someone In a Car Accident? 2026 Update

Key Takeaways

• Nevada draws the line between an accident and a crime based on how a driver behaved behind the wheel.
• A DUI that causes a fatal crash can support vehicular homicide charges, carrying a sentence of 25 years to life.
• When simple negligence leads to a death, Nevada law may support a vehicular manslaughter charge.
• Drivers involved in fatal crashes may avoid conviction when the cause was a medical emergency or an event no one could have anticipated.
• Even when criminal charges are not filed, families retain the right to pursue a wrongful death claim.

When a car accident results in the death of a person, the questions that follow can feel impossible to answer alone. Who is responsible? Could the driver face jail time? What does the law actually require? Understanding what happens if you kill someone in a car accident is not simple, because Nevada law draws critical distinctions based on the driver’s conduct, intent, and degree of negligence. The answers shape everything, from whether criminal charges are filed to what compensation a surviving family may recover.

At Cloward Trial Lawyers, our car accident lawyers in Las Vegas are here to help families navigate this process. We can evaluate your case, explain the liability scenario for wrongful death, and fight for the justice your loved one deserves.

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What Is the Difference Between an Accident and a Crime?

Not every fatal car crash results in criminal charges. The determining factor is the driver’s conduct and state of mind at the time of the collision. A momentary lapse, such as misjudging a gap in traffic or failing to check a blind spot, may carry no criminal liability. Willful disregard for others’ safety, impaired driving, or intentional conduct is a different matter entirely.

Under NRS 193.190, Nevada law classifies conduct along a spectrum. Simple negligence sits at the lower end and may result in a misdemeanor. Reckless disregard or impairment pushes a case into felony territory. Intentional use of a vehicle as a weapon moves it into murder. Where the facts land on that spectrum determines both the driver’s criminal exposure and the options available to the surviving family.

What is “Negligence”?

Many of the convictions surrounding death with a vehicle hinge on whether or not negligence was involved. Understanding the legal definition of negligence can help you determine if someone can be held criminally liable for their actions. This information is essential, particularly for those seeking justice after losing a loved one to a negligent driver.

The Nevada Revised Statutes 193.018 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”.

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 example, if a driver fails to stop at a red light and causes an accident that results in 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.

Can You Go to Jail For Accidentally Killing Someone In a Car Accident? 

While it’s a tragic situation, yes, a driver who caused a fatal car accident can face jail time if they accidentally kill someone in a car accident. This usually happens when the accident is caused by reckless driving or driving under the influence of drugs or alcohol.

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:

Reckless Driving

Under NRS 484B.653, Nevada defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of persons or property. This statute also prohibits participating in or organizing unauthorized speed contests and trick driving displays. A reckless driving conviction adds eight demerit points to a driver’s record, which can raise insurance rates and put a license at risk.

In some cases, a conviction may also result in court-ordered community service or a mandatory defensive driving course. The severity of the penalty reflects the specific circumstances and the driver’s prior record.

Potential Penalties for Reckless Driving

• Charge Type: Misdemeanor
• Fines: Up to $1,000
• Jail Time: Up to 6 months
• License: Suspension possible; 8 demerit points added to the driving record
• Additional: Court-ordered community service or defensive driving course possible

Vehicular Manslaughter

Under NRS 484B.657, a person is guilty of vehicular manslaughter when they cause the death of another while driving through an act or omission that constitutes simple negligence. This is a misdemeanor charge, reflecting that the driver did not act with extreme recklessness but still failed to meet the standard of reasonable care. If the incident occurred in a work zone or pedestrian safety zone, additional penalties may apply.

Upon conviction, the court notifies the Department of Motor Vehicles, which adds an entry to the driver’s record. That entry can affect the driver’s ability to obtain or keep a license going forward.

Potential Penalties for Vehicular Manslaughter

• Charge Type: Misdemeanor
• Fines: Up to $1,000
• Jail Time: Up to 6 months; enhanced penalties apply in work zones or pedestrian safety zones
• License: DMV notified upon conviction; entry added to the driving record

Vehicular Homicide

Vehicular homicide, defined under NRS 484C.130, carries a higher level of culpability than manslaughter. It applies when a driver causes the death of another person while acting with reckless disregard for the safety of others. Nevada law reserves this charge for situations involving specific aggravating circumstances.

• A driver will be charged with vehicular homicide when they are:
•  Under the influence of intoxicating liquor
• At or above a blood alcohol concentration of 0.08
• Under the influence of a chemical, poison, or organic solvent that renders them unable to drive safely
• Carrying a prohibited substance in their blood or urine at or above the threshold set in NRS 484C.110
• Previously convicted of at least three prior DUI offenses in Nevada

Potential Penalties for Vehicular Homicide

• Charge Type: Category A Felony 
• Prison: 25 years to life
• Fines: Up to $10,000
• Triggering Factors: DUI, blood alcohol concentration of 0.08 or above, prohibited substances in blood or urine, or three or more prior DUI convictions in Nevada

Second-Degree Murder with a Deadly Weapon

When a driver intentionally uses their vehicle to kill another person, the charge escalates beyond negligence entirely. Second-degree murder applies when there is intent to cause harm, not a failure of care. Because the act is deliberate, negligence is not a relevant legal standard, and the prosecution focuses on the driver’s intent and conduct.

Potential Penalties for Second-Degree Murder with a Deadly Weapon

• Charge Type: Category A Felony
• Prison: 25 years to life
• Criminal Record: Permanent, no expungement
• Key Distinction: Applies when the vehicle is used intentionally as a weapon; intent to harm, not negligence, is the basis of the charge

Can the Driver Prove Innocence?

In most cases, resulting in the accidental death of another person after a car accident, 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:

Lack of Causation

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.

Self-defense

The accident may result from a person defending themselves or others from harm, such as applying brakes, swerving, or overcorrecting to avoid a collision.

Unforeseeable Event

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.

Medical Emergency

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.

What Can You Do After Losing A Loved One in a Fatal Accident

After losing a beloved one in a fatal car accident, 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 car accident attorney, who is ready to seek justice on your behalf. 

Being linked to a case involving a fatality means that the responsible driver can expect a legal process that is often complex and lengthy. There will be an investigation by law enforcement to determine the cause of the accident and, eventually, to file criminal charges and participate in legal proceedings.

Recent Fatal Car Accident Statistics

Fatal car accidents carry consequences that extend far beyond the crash itself. According to the NHTSA Traffic Safety Facts, 40,901 people died in motor vehicle crashes across the United States in 2023, with alcohol-impaired driving accounting for 30 percent of those fatalities and speeding contributing to 11,775 deaths. These are not isolated incidents. They represent the exact behaviors, impairment, excessive speed, and disregard for others, that Nevada law treats as criminal when they result in someone’s death.

Nevada’s own numbers reinforce that reality. The Nevada Department of Transportation recorded 1,606 fatalities and 6,948 serious injuries on state roadways between 2019 and 2023, with human error identified as a factor in roughly 94 percent of all crashes. That figure means the overwhelming majority of fatal accidents were preventable. When prevention fails and a life is lost, the law exists to hold the responsible party accountable.

Causes Behind the Rising Numbers

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:

• Speeding: According to NSC Injury Facts, speeding contributes to about 29% of all traffic fatalities in the U.S. High speeds reduce the time a driver has to react and increase the severity of collisions.
• Distracted Driving: In the era of smartphones, distracted driving has become one of the leading causes of fatal crashes. Whether it’s texting, talking on the phone, or using in-car entertainment systems, distractions pull attention away from the road.
• Impaired Driving: Driving under the influence remains a significant cause of fatal accidents. Alcohol, drugs, and even prescription medications can impair a driver’s judgment and reaction times, leading to deadly outcomes.
• Fatigue: Fatigued driving is another often-overlooked factor in fatal accidents. The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving contributes to over 100,000 crashes each year, many of which are mortal.

Potential Legal Consequences for Drivers

One of the most pressing questions after a fatal car accident is whether the driver can go to jail, especially when the death was accidental. Understanding what happens if you kill someone in a car accident starts with the circumstances. Yes, drivers can face jail time, but the outcome depends on the conduct involved.

Drivers involved in fatal accidents may face criminal charges such as vehicular manslaughter or negligent homicide, both carrying 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 the charges. When a driver was intoxicated at the time of the accident, the penalties become significantly 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. Not every fatal accident results in jail time, but when reckless or negligent behavior is proven, the legal consequences can be severe.

Civil Liabilities: Beyond Jail Time

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.

Lost a Loved One in a Fatal Car Accident? 

Losing a loved one in a fatal car accident is devastating, and knowing what happens if you kill someone in a car accident is the first step toward understanding your family’s legal options. At Cloward Trial Lawyers, our wrongful death lawyers are ready to fight for the justice and compensation your family deserves. Call (702) 605-5000 to schedule a free consultation.