How Car Crashes Result in Criminal and Civil Liability

Nevada is an at-fault state for car crashes, meaning drivers responsible for motor vehicle accidents can be held civilly liable for damages. In some cases, a collision may also result in criminal charges.

As a result, a person could face both a car accident lawsuit and criminal prosecution for the same incident. In such a situation, consulting both a personal injury lawyer and a criminal defense attorney is advisable.

What Types of Scenarios Could Result in Criminal Charges for a Car Accident?

In many cases, car accidents result in traffic infractions. However, traffic tickets are typically not criminal charges. The driver pays a fine, but they do not have a criminal record or face jail time.

However, several Nevada laws could result in criminal charges if a driver causes a car accident. Examples of car accidents that could result in criminal prosecution include, but are not limited to:

DUI Accidents 

Driving under the influence of alcohol and/or drugs is illegal under Nevada DUI laws. Suppose a drunk driver causes a car accident. The police will likely arrest the driver for driving under the influence or DUI per se (driving with a BAC above the legal limit).

Hit-and-Run Accidents

Drivers might fail to stop at an accident scene for many reasons. For example, the driver might not have car insurance or a valid driver’s license. The person could have outstanding criminal warrants or be afraid of immigration consequences. 

Whatever the reason for fleeing an accident scene, it is against the law under one or more Nevada laws. If law enforcement identifies the hit-and-run driver, the person could be charged with a misdemeanor. The charge would increase to a felony if the car accident resulted in serious bodily injury or death.

Reckless Driving

Reckless driving can result in criminal charges, especially when the driver causes an accident while operating a motor vehicle recklessly. Reckless driving typically occurs when a driver operates a motor vehicle with a willful or wanton disregard for the safety of other people or property. Participating in unauthorized trick driving or speed races can also result in reckless driving charges. 

A reckless driving charge is a misdemeanor. However, if the driver causes a car accident that results in death or serious bodily injury while driving recklessly, the state can charge the driver with a Category B felony.

Vehicular Manslaughter 

Some car accidents result in a wrongful death. The driver could be charged with vehicular manslaughter under Nevada Revised Statute §484B.657. 

The driver does not need to intend to cause a car accident or harm someone to be found guilty of vehicular manslaughter. If the driver’s negligence caused the crash that resulted in the person’s death, they could be convicted on criminal charges. Vehicular manslaughter charges could result from a distracted driving accident, failing to yield the right of way, drowsy driving, illegal turns, and other traffic infractions or general negligence. 

What Is the Difference Between Criminal Charges and Civil Liability for a Nevada Car Accident?

A criminal case and a civil liability claim are separate cases. The criminal case is brought by the state and tried in criminal court. A civil lawsuit is filed by the injured party and heard before a jury or judge in civil court.

Criminal charges for a Nevada car accident could include incarceration, fines, a suspended driver’s license, community service, and other criminal penalties. The punishment depends on the specific criminal offense and the facts of the criminal case.

However, a civil claim for a car accident is about making the injured party “whole” by compensating the victim for damages caused by the car crash. 

Damages for a car accident claim include economic damages. These damages represent the financial losses and expenses incurred by the injured party. Examples include lost wages, medical bills, and out-of-pocket expenses.

A car accident claim can include non-economic or “pain and suffering” damages. These damages compensate the victim for emotional distress, physical pain, mental anguish, decreased quality of life, and permanent impairments. Non-economic damages can also include scarring, disfigurement, and the loss of enjoyment of life. 

Does a Criminal Case Affect a Civil Car Accident Claim?

The outcome of a civil case or criminal case for a car accident does not depend on the outcome of either case. For example, the state might not charge a driver with a crime after a car accident or the driver could be acquitted of the criminal charges. However, the victim might still recover compensation for a civil liability claim.

Likewise, a criminal conviction does not guarantee the victim will win a personal injury claim. Victims of car accidents can benefit from consulting a personal injury lawyer about their rights and options after an accident. Contact an injury attorney today to schedule a free consultation.