Have you ever wondered if operating a car is a fundamental right you possess or a special benefit that can be taken away? When it comes to the legal status of driving in Nevada, the answer is clear: driving is a privilege. This important distinction shapes every aspect of Nevada’s traffic laws, licensing procedures, and penalties. At Friedman Injury Law, we want to make sure you understand what this means for you and your family when you get behind the wheel.
Why Is Driving Considered a Privilege?
The United States Supreme Court has stated that driving is not protected by the Constitution. Instead, it is classified as a highly regulated activity. State governments, like Nevada’s, have the full ability to set rules and standards for anyone who wants to hold a driver’s license. They do this for one main reason: public safety. Given the severe damage or even death a motor vehicle accident can cause, the ability to operate a car must be taken seriously.
The Difference Between a Right and a Privilege
To fully grasp the Nevada law, it helps to know the difference between these two legal concepts:
- A Right is a basic entitlement granted to all individuals simply for being human. Examples include freedom of speech or the right to life. A right is inherent and cannot be restricted without due process.
- A Privilege is a benefit or advantage that must be earned or granted. It is not available to everyone and can be revoked or restricted if you do not follow the rules. Driving is a prime example of a privilege governed by local laws.
It is important to remember that while driving is a privilege, the act of traveling from one place to another is considered a constitutional right. You have the right to travel, but you must earn and keep the privilege of using a car to do so on public roads.
The Responsibilities That Come With Driving
Because driving is a privilege, every licensed driver has specific responsibilities they must keep in mind. We are all accountable for our actions on the road.
- Follow Traffic Laws: You must comply with all posted speed limits, traffic signals, and road signs. This simple act is the backbone of road safety.
- Vehicle Maintenance: Responsibility extends beyond the asphalt. You must maintain your car, ensuring the brakes, lights, and tires are safe and up to standard. Failing to perform maintenance like oil changes or inspections can lead to unexpected vehicle malfunctions and put others in danger.
- Insurance: Nearly every state in the U.S. requires drivers to carry a minimum auto insurance policy. You must follow this requirement.
Penalties for Abusing Your Driving Privilege
If a licensed driver breaks the rules, the state of Nevada can impose serious penalties. The government can suspend or revoke your license because you have failed to take your privilege seriously. Common reasons for these sanctions include reckless or impaired driving, and general driver negligence.
In Nevada, if you accumulate 12 or more demerit points on your license within a year, the state may suspend your license. Furthermore, simple traffic violations, such as speeding or running a stop sign, can result in you receiving a traffic ticket with fines that can be as high as $500. If your dangerous actions cause a car crash, you may also face a civil lawsuit filed by the person you injured. This can lead to increased insurance costs and other long-term complications.
How We Can Help Car Accident Victims in Las Vegas
Being involved in a Las Vegas car accident, regardless of who was at fault, is stressful. You may be experiencing pain, emotional turmoil, and anxiety over how your medical bills will be paid and how damage to your vehicle will be compensated.
While driving may not be a right, car accident victims do have rights following an accident. At Friedman Injury Law, we are here to help you implement them. Our experienced legal team will handle all legal aspects of your claim, allowing you to focus on your recovery.
If you have been hurt in a car crash, call us for a free consultation at (702) 970-4222.
