When a car accident happens, one of the first things people ask is: who’s at fault? In Nevada, fault often depends on whether the driver acted negligently or recklessly. These terms may sound similar, but they mean very different things under the law. Understanding the difference can help if you’re ever hurt in a crash and want to pursue a claim.
Both negligent and reckless driving can lead to serious injuries, but the intent behind the behavior—and the legal consequences—can be very different.
What Is Negligent Driving?
Negligent driving means a person didn’t take proper care while driving, even if they didn’t mean to cause harm. It’s often the result of careless mistakes or failing to follow normal safety rules. The law looks at what a “reasonable person” would do in the same situation.
Examples of negligent driving include:
- Failing to yield at a stop sign
- Driving while tired or sleepy
- Not signaling before changing lanes
- Using a phone while driving
- Following too closely
- Driving slightly over the speed limit
In most cases, negligent driving is seen as a traffic offense. While it may not carry criminal charges, it can still cause accidents, injuries, and lawsuits.
What Is Reckless Driving?
Reckless driving is more serious than negligence. It involves a person knowingly ignoring the safety of others. In legal terms, this is called “willful or wanton disregard.” It means the driver understood the risk and acted anyway.
Examples of reckless driving include:
- Street racing
- Driving aggressively or tailgating on purpose
- Running red lights at high speeds
- Driving while under the influence of drugs or alcohol
- Weaving in and out of traffic
- Going far above the speed limit in a busy area
Reckless driving in Nevada is considered a criminal misdemeanor. That means the person can face jail time, fines, and even license suspension. If the reckless act causes serious injury or death, the charges can rise to a felony.
Penalties for Negligent and Reckless Driving in Nevada
Nevada takes reckless driving seriously, especially when it leads to harm. The law outlines different penalties depending on how many times the person has been convicted and whether the crash caused injuries.
Penalties for Reckless Driving (No Injuries)
- First offense: Up to 6 months in jail, $250 to $1,000 in fines, and 8 demerit points on the driver’s license
- Second offense: $1,000 to $1,500 fine, up to 6 months in jail
- Third offense: $1,500 to $2,000 fine, possible jail time, and license suspension
Penalties for Reckless Driving Involving Injury or Death
If a reckless driver causes serious harm or death, the offense can become a Category B felony:
- 1 to 6 years in prison
- $2,000 to $5,000 fine
- 3-year driver’s license suspension
Other possible penalties include:
- Community service (ranging from 50 to 200+ hours depending on the offense)
- Vehicle impoundment
- Increased insurance rates or denial of coverage
Demerit Points and License Suspension
In Nevada, reckless driving adds 8 points to your license. If you reach 12 or more points within a year, your license can be suspended for 6 months. Even if you weren’t injured, this can affect a personal injury case because it shows the driver’s unsafe behavior.
Negligent driving may not add as many points or lead to jail time, but it still shows the driver wasn’t being careful. That matters in civil claims, where you may be seeking money for medical bills and other losses.
Types of Compensation in a Reckless or Negligent Driving Accident
If you’re hurt because someone drove recklessly or negligently, you may be able to file a personal injury claim. Nevada is a “fault” state, which means the person who caused the crash is responsible for the damage.
Injury claims may include:
- Medical expenses (hospital bills, rehab, medication)
- Lost wages from missing work
- Property damage to your car
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In some cases, you may also be able to ask for punitive damages. These are meant to punish someone who acted especially recklessly, such as a drunk driver or someone who was street racing. To get punitive damages, you need to show the driver acted with fraud, oppression, or malice.
What to Do After a Crash in Nevada
If you’ve been involved in a car crash, here are the steps to take:
- Get medical help right away, even if your injuries seem small.
- Call the police so there’s an official accident report.
- Take photos of the damage, your injuries, and the scene.
- Get witness names and contact info if anyone saw what happened.
- Do not admit fault or make statements to insurance companies without legal help.
- Talk to a car accident lawyer as soon as possible to understand your rights.
The sooner you act, the better chance you have of protecting your health and your case.
Call for Help After a Nevada Car Accident
Being hit by a reckless or negligent driver can change your life in an instant. If you’ve been hurt, don’t wait to get help. The law in Nevada gives you the right to recover compensation for what you’ve lost—but you have to take action. An experienced car accident lawyer can help you understand your options, gather the right evidence, and deal with insurance companies while you focus on healing.
Call (702) 970-4222 to schedule a free car accident consultation today.
