Las Vegas Reckless Driving Accident Lawyer

Reckless driving has to be shown with proof. Just calling someone reckless is not enough. It must be supported by evidence. That can help establish fault and damages. Willful misconduct is different from ordinary negligence.

Definition of Reckless Driving Under Nevada Law

Nevada law addresses reckless driving in NRS 484B.653. The law uses the words willful or wanton disregard for safety.

That is more than a normal mistake. Racing, very high speed driving, or blowing through red lights can fit these claims.

Using Traffic Violations and Police Reports as Evidence

In some cases, the police report is one of the first records reviewed. It may list citations given at the scene. Speeding tickets, DUI charges, and reckless driving citations may support fault. Video footage and witness statements may help as well. Dashcam video, traffic cameras, and witnesses may also be used.

Difference Between Negligence and Reckless Conduct in Injury Claims

Negligence is careless conduct. Reckless conduct is worse. Reckless conduct is when a driver consciously disregards safety. Going modestly over the speed limit differs from racing through traffic. Punitive damages may be available in some reckless cases.

Who can be liable in a reckless driving accident lawsuit largely depends on who caused or contributed to the crash. Nevada follows a fault-based system, meaning the party responsible for causing the collision may be held legally liable for damages.

As we explained before, liability does not always stop with one driver. In Nevada, it is possible that multiple parties share responsibility for the crash depending on the facts of the case.

Possible At-Fault Parties

Determining who is at fault for a reckless driving accident is done through evidence. Some examples of what evidence we look to are:

• police reports
• witness statements
• traffic citations and violations
• surveillance camera footage
• driver behavior
• ownership and outside factors

This section takes a look at some parties commonly found to be at fault for reckless driving crashes.

Reckless Driver Engaging in Dangerous or Illegal Behavior

Often, the driver who caused the accident through reckless conduct is the party found liable. Reckless driving is more than a simple mistake. It often involves a willful disregard for the safety of others.

Some examples may include:

• excessive speeding
• racing
• tailgating
• running red lights
• weaving through traffic

Traffic citations or criminal charges can also help relate to civil liability.

Employer of the Driver in Work-Related Driving Situations

If the driver’s actions led to the crash and they were working during that time, their employer may be liable. This is due to a legal concept known as vicarious liability.

Some examples of drivers who may have been on the clock are:

• delivery drivers
• company vehicle operators
• commercial drivers

An employer may also be responsible for negligent hiring, poor training, or lack of supervision.

Vehicle Owner for Negligent Entrustment

Sometimes the owner of the vehicle can be at fault too. This can happen if they let a person use the vehicle when they should have known that person was not safe to drive.

For example, maybe the owner lent the car to someone who was:

• intoxicated
• unlicensed
• known to drive recklessly

The key issue is what the owner knew, or what they should have known.

Other Parties Who Helped Create the Dangerous Situation

There are crashes where more than one motorist is to blame. Another person may have joined in reckless behavior or caused and maybe even coordinated the events that led to the collision. Nevada law may allow fault to be shared.

Reckless driving crashes are often caused by dangerous choices individuals make. Their actions often show conduct that does not regard the safety of others.

Some common causes of reckless driving accidents include:

Excessive Speeding or Driving Too Fast for Conditions

Speeding is one of the clearest crash factors in reckless driving cases. The National Highway Traffic Safety Administration reports speeding was a contributing factor in 29% of all traffic fatalities in 2023.

Reckless speed can also mean driving too fast for rain, darkness, traffic, road work, or poor visibility, even if the posted limit is not exceeded.

Street Racing and Competitive Driving

Street racing is very dangerous and a very obvious form of reckless driving. 

These crashes are especially dangerous because drivers are on a public road while they’re focused on beating another driver. That means they are not only driving fast but they aren’t focused on reacting to traffic around them.

Alcohol-Impaired or Drug-Impaired Driving

Lots of serious car accidents are the result of someone who drove impaired.

According to the Centers for Disease Control and Prevention, 13,524 people were killed in 2022 in crashes involving drivers who were impaired due to alcohol consumption.

Aggressive Driving and Road Rage

Some reckless driving crashes are due to a driver’s aggressive behavior. This can include:

• tailgating 
• unsafe lane changes 
• brake checking 
• chasing another driver 
• hostile confrontations

When a driver becomes very angry, that can be very dangerous. This sometimes may influence drivers to not follow basic safety rules and create high-risk situations.

Running Red Lights or Ignoring Traffic Signals

Sometimes drivers purposefully ignore traffic signals. 

According to the Insurance Institute for Highway Safety, red-light cameras reduce both violations and crashes.

Distracted Driving Combined With Dangerous Behavior

Distracted driving is dangerous by itself. When it’s combined with speeding or aggressive driving, it can be even more dangerous. 

The National Highway Traffic Safety Administration reported 3,047 fatal crashes involving distraction in 2022.

Weaving Through Traffic

Weaving through traffic happens when a driver rapidly changes lanes to pass other vehicles. This conduct can be dangerous because nearby drivers may not expect sudden lane movements.

These crashes often involve sideswipes, loss of control, or multi-vehicle collisions. The danger increases when the driver is speeding or cutting through tight gaps.

Compensation in a reckless driving accident lawsuit may cover both financial losses and the personal impact of injuries. The damages can vary based on the severity of injuries and the long-term consequences.

In a claim or lawsuit there are generally two main types of damages sought.

• Economic damages
• Non-economic damages

Economic damages are tied to exact dollar amounts that were lost because of the accident. Think things like medical expenses, lost income, future care, and property damage.

Non-economic damages are for losses that do not directly have dollar amounts tied to them. For example, pain and suffering, emotional distress, and loss of enjoyment of life.

If the accident was fatal, there may also be wrongful death damages one can pursue. In rare and serious cases involving extreme reckless behavior, punitive damages may also be available to punish the liable party.

Here are some steps to take if you are injured in a reckless driving accident in Las Vegas.

Ensure Your Immediate Safety

Directly after a crash, safety is the most important thing. Get yourself to a safe spot and make sure others with you are safe. Turn on your hazards and move your vehicle if you can. Try and stay out of the road as much as possible.

Call for Help and Seek Medical Attention

Call 911, request medical help, and report the accident. Even if you think you are ok, it’s important to get checked out by a medical professional. Some injuries may not be obvious right away.

Document the Crash Scene

If it’s safe to do so, document the scene. Take photos and videos of everything. Try and show:

• damage to the vehicles
• damage to the road
• skid marks
• traffic signs
• anything else that can help explain what happened

Exchange and Collect Information

Gather key details from everyone involved. Get the other driver’s:

• license
• insurance
• license plate numbers
• contact information

Make sure to also get the contact information from witnesses nearby if there are any.

Preserve Evidence

Keep any records tied to the accident. This can include medical reports, repair estimates, receipts, and copies of the accident report. These documents can help support your claim later.

Speak With a Reckless Driving Accident Lawyer Before Insurance Discussions

It’s likely that insurance companies will reach out to you shortly after a crash. Oftentimes, insurers may seek to limit what their company pays out due to the accident. They may also record the calls.

It can be a good idea to speak with a Las Vegas reckless driving accident lawyer before this, so you know your rights and options.

A reckless driving accident is not a minor crash in many cases. High speeds and aggressive driving behavior can make these collisions severe.

For some people, recovering from accident injuries can take months. For others, the negative effects remain for a much longer time period. Serious injuries may also become part of a compensation claim.

Here are some of the more common injuries from reckless driving crashes:

• Head trauma is one of the more common injuries. This can range from minor bumps to serious brain damage. A concussion or traumatic brain injury can happen from the violent motion or from hitting part of the vehicle.
• A serious crash can damage the spinal cord. That can lead to partial or full paralysis.
• Broken bones are common in high-impact crashes. Some fractures may require surgery or a long recovery.
• Some injuries happen inside the body. Internal organ damage and internal bleeding are possible after a forceful hit.
• Severe cuts, burns, and permanent scarring can happen after contact with glass, metal, or fire.
• Emotional injuries are also common. Some people deal with PTSD, anxiety, depression, or fear of driving after the crash.

This section reviews some of the laws relevant to reckless driving accident claims in Nevada.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows recovery of damages if the plaintiff’s negligence is not greater than the defendant’s, with damages reduced based on the plaintiff’s percentage of fault.

Example: An injured driver is found to be 20% at fault, while the reckless street racing driver is found 80% at fault. If total damages were $150,000, the injured driver’s recovery could be reduced by 20%, resulting in a potential $120,000 recovery.

Nevada’s Statute of Limitations

NRS 11.190 – Requires certain civil actions, including actions for personal injury or wrongful death, to be filed within specified time limits, including a 2-year period for injury or death claims.

Nevada Specific Laws related to Reckless Driving Accidents

NRS 484B.653 – Reckless driving – Prohibits operating a vehicle in willful or wanton disregard for the safety of persons or property, including participating in unauthorized speed contests or stunt driving activities.

NRS 41.085 – Authorizes heirs and personal representatives to bring an action for damages when a person’s death is caused by the wrongful act or neglect of another.

NRS 484E.010 – Requires a driver involved in a crash causing injury or death to immediately stop at the scene, remain there, and fulfill specified legal duties.

NRS 484E.030 – Requires a driver involved in a crash to provide identifying information, exhibit a driver’s license upon request, render reasonable assistance to injured persons, and report the crash if no officer is present.

NRS 484E.070 – Requires a driver involved in a crash meeting specified conditions to submit a written or electronic report to the Department within 10 days, unless an exception applies.

NRS 483.230 – Requires a person to have a valid driver’s license to operate a motor vehicle or control a towed vehicle on a highway and prohibits possessing more than one valid driver’s license.

NRS 484B.600 – Prohibits driving at a speed greater than is reasonable or proper, exceeding posted speed limits, or at a speed that endangers persons or property.

NRS 484B.627 – Requires a driver operating a vehicle at a slow speed that impedes traffic to move to the right or use appropriate lanes and prohibits stopping on a roadway in a way that blocks normal traffic flow unless necessary.

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7785 W Sahara Ave Suite 100, Las Vegas, NV 89117