In Nevada, there are several different crimes you can be charged with if you hit or run over a pedestrian with your vehicle. The specific offense will depend on:
- The circumstances of the accident,
- The injuries to the pedestrian,
- Whether you were under the influence,
- Your prior criminal record (if any), and
- What you did after the accident.
Statistically speaking, Nevada is one of the most dangerous places for pedestrians.1 In addition to facing criminal charges, if you hit a pedestrian in Nevada, you could be hit with a pedestrian accident lawsuit by your victim for the costs of his or her medical expenses, lost wages and attorney’s fees.
Let’s take a closer look at some of the specific crimes you might be charged with if you strike a pedestrian with your car in Nevada. Note that these criminal offenses are in addition to any moving violations you may be charged with for an underlying traffic offense.
In addition to facing criminal charges, if you hit a pedestrian in Nevada, you could be hit with a pedestrian accident lawsuit by your victim for the costs of his or her medical expenses, lost wages and attorney’s fees.
Nevada DUI
If you hit a pedestrian while you are under the influence of alcohol and/or drugs, you can be charged with a Nevada DUI, even if:
- The pedestrian wasn’t hurt, or
- Your intoxication wasn’t the cause of the accident.
And if you are legally intoxicated and the pedestrian is seriously hurt or killed, you might be charged felony DUI causing injury or death. Penalties for DUI in Nevada that results in death or injury can include:
- Up to 20 years in prison, and
- A fine of up to $5,000.
Other consequences of felony DUI in Nevada can include suspension or revocation of your driver’s license and the requirement that you install a ignition interlock device as a condition of reinstating your driving privilege.2
Vehicular Homicide
If you kill someone while driving under the influence and you have three or more prior DUI convictions, you can be charged with vehicular homicide.3
Penalties for vehicular homicide in Nevada can include 25 years to life in prison.
If you hit and kill a pedestrian as the result of driving recklessly, you could face stiff penalties.
Felony Reckless Driving
If you hit and kill a pedestrian as the result of driving recklessly, you could be charged with felony reckless driving causing injury or death.
Penalties for felony reckless driving can include:
- 1-6 years in Nevada State Prison, and
- $2,000 to $5,000 in fines.
The maximum prison term becomes 10 years if the incident involved speeding at least 50 mph over the speed limit or took place in a pedestrian safety zone, school zone or a school crossing zone.
An experienced Nevada defense lawyer can sometimes negotiate a plea bargain that involves pleading guilty to Nevada reckless driving charges in exchange for the prosecutor dropping a weak vehicular homicide case.
Vehicular Manslaughter
Vehicular manslaughter occurs when a driver negligently kills pedestrians when the driver is not under the influence of alcohol and/or drugs.4
Vehicular manslaughter charges often arise as the result of traffic violations such as:
- Speeding,
- Failing to stop at a red light or stop sign, or
- Texting while driving.
Vehicular manslaughter is a Nevada misdemeanor. Consequences of vehicular manslaughter can include:
- Up to 6 months in jail and/or a fine of up to $1,000, and
- maybe suspension of your driver’s license.
Hit-and-Run
If you hit a pedestrian and flee the scene and the pedestrian dies as a result of injuries caused by the accident, you could be charged with felony hit-and-run.
Penalties for hit-and-run in Nevada can include:
- 2-15 years in prison,
- A fine of up to $5,000, and
- Possible suspension or revocation of your driver’s license.5
Legal references:
- Mick Akers, “Nevada among the most dangerous states for pedestrians“, Las Vegas Review-Journal (November 4, 2019).
- NRS 484C.430.
- NRS 484C.130.
- NRS 484B.657.
- NRS 484E.010.