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Can You Go to Jail for a Car Accident
Following a car accident, you can go to jail, and it's essential to understand the several scenarios where you could face criminal charges.
Vehicular Manslaughter
If a fatal car accident occurs, you may be charged with vehicular manslaughter, which is a misdemeanor offense that could result in jail time under Nevada Revised Statutes (NRS) 484B.657.
While a vehicular manslaughter charge usually carries a lighter sentence, it could increase, especially if aggravating factors were present.
Reckless Driving
Car accidents caused by reckless driving could result in criminal charges, according to NRS 484B.653, especially if you were operating the vehicle with an extreme wanton disregard for the safety of others or had willful intent.
A fatal accident caused by reckless driving could result in a felony charge, which carries far more severe punishments than a misdemeanor offense.
Driving Under the Influence
If you caused a car accident while being under the influence of drugs or alcohol, you'll face severe penalties, especially if the accident resulted in death or injury.
A DUI accident resulting in injury or death can result in you being charged with a felony DUI, which can carry a prison sentence of 2 to 20 years, according to Nevada DUI law.
Hit and Run
No matter the severity, leaving the scene of car accidents will almost always result in criminal charges.
However, you could face an additional felony criminal charge if the hit-and-run accident resulted in injury or death.
Under NRS 484E.010, a category B hit-and-run felony criminal charge could result in 2 to 20 years in state prison.
Negligent Driving
A car accident caused by simple negligence could result in criminal charges, especially if your negligence resulted in a fatal accident.
While less severe, a negligence criminal charge could lead to:
- Jail time
- Fines
- License suspension
- Mandatory community service
Understanding Civil vs Criminal Liability
After a car accident, it's vital to understand civil vs criminal liability, as you may worry about facing criminal charges when you're just facing civil.
Civil Liability
Civil liability is when one party is held responsible for causing injury or damage to another party due to negligence or intentional misconduct.
Criminal Liability
Criminal liability is when the at-fault driver's actions violate a law, such as if the driver was driving impaired.
Unlike a civil case, criminal cases are filed by the state.
How Long After a Car Accident Can You Be Charged
After a car accident, there is a set timeframe in which you can be charged with a criminal offense.
This timeframe varies based on the severity of your criminal charge and the offense's discovery.
Misdemeanor Charges
For a misdemeanor charge such as vehicular manslaughter without aggressive circumstances, the statute of limitations to file a charge is typically 1 year from the accident date.
Gross Misdemeanor and Felony Charges
If the accident involved more severe offenses such as reckless or drunk driving, you may face a gross misdemeanor or felony charge, which has a statute of limitations of up to 3 years.
This means that the state or an individual has up to 3 years to bring charges against the at-fault person.
Accidents Resulting in Death
In the case of a car accident resulting in death, the charge will be a vehicular homicide, which has no statute of limitations, which means charges or a wrongful death lawsuit can be filed against a person at any time, even years after the accident.
Discovery Rule
It's crucial to understand that the statute of limitations for filing a criminal charge against a person after a car accident may start when the offense is discovered, not on the accident date.
The discovery rule applies in cases where a person's injuries or damages may not have been immediately apparent.
Can You Go to Jail for Lying About a Car Accident
Yes, lying about a car accident can result in criminal charges and you going to jail.
Circumstances where lying about an auto accident could result in jail time are:
- Perjury (NRS 199.120): If you appear in court or legal proceedings for a car accident case and lie under oath, you may be charged with perjury, which could result in 1 to 4 years in prison and fines up to $5,000.
- Filing a False Police Report (NRS 207.280): If you make a false statement when filing a police report after a car wreck, you may be charged with a misdemeanor, which could result in jail time of up to 6 months.
- Insurance Fraud (NRS 686A.2815): Filing a false insurance claim against a person after a car accident is considered insurance fraud, a category D felony in Nevada, and may result in 1 to 4 years in jail.
If you unintentionally or intentionally lied on a car accident claim, it's crucial that you immediately contact a defense attorney, as you could face serious legal consequences.
Talk with a Las Vegas Car Accident Lawyer Today
If you experienced injuries or damages in a car accident in Las Vegas, contact one of our experienced Las Vegas car accident lawyers today.
With over 20+ years of experience in personal injury law, our attorneys have the skills and expertise you need to win your case.
Don't wait on your auto accident case, and schedule a free consultation with a Las Vegas car accident lawyer today by calling (702) 566-3600.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
