If you’ve been in a car accident in Las Vegas, the laws and statutes in Nevada will govern your case. If you’re a visitor, it is probably in your best interest to hire a local Las Vegas law firm who understands the ins and outs of Nevada law.
Nevada Statute of Limitations
The statute of limitations refers to how long you have to bring a case after you’ve been injured. In Nevada, the statute of limitations for a personal injury case like a car accident is two years. If your injury occurred more than two years ago, you might not be able to bring a lawsuit, but it’s worth speaking with an attorney to see what your options are.
Nevada Laws for Car Drivers
- In Nevada, traffic laws can be criminal. In most states, traffic law violations are considered civil infractions, rather than criminal misdemeanors. However, before January 1, 2023, traffic violations in Nevada were criminal misdemeanors that could mean jail time and a criminal record. As of January 1, 2023, many minor traffic violations are now considered civil infractions, meaning that they charge a fine but no jail time will be imposed. More severe offenses are still considered criminal misdemeanors or felonies. Since this law is so recent and there are exceptions to it, an experienced car accident attorney is strongly recommended if you receive a traffic citation in Nevada.
- No texting while driving. Nevada prohibits texting, using the internet, and using handheld devices while driving. You may use a phone with a handsfree headset.
- Obey move-over laws. When approaching a stopped emergency vehicle or a car accident, unless a police officer tells you otherwise, you should:
- Reduce your speed to a reasonable level that is below the posted speed limit;
- Drive cautiously and be prepared to stop.
- If it is possible and safe to do so, drive in a lane that is not adjacent to the emergency vehicle or accident.
You may turn right on red unless otherwise posted, providing that you have made a full stop at the stop light, turn from the far right lane, and yield right of way to other vehicles and pedestrians.
Identifying Fault for a Car Crash
Nevada is a modified comparative negligence state. This means that fault for an accident can be assigned to one or all parties, depending on their actions. For example, imagine you are rear-ended while you are driving. However, one of your tail lights was not working properly. The court may determine that the person who rear-ended you was 80% responsible for the crash, but you were 20% responsible because of your broken tail light. You would be entitled to collect 80% of your damages from the accident.
However, if you are more responsible than the other party (such as the rear-ending driver in the above example), you cannot collect any damages. You must be 50% or less responsible for the accident in order to recover damages.