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Understanding Nevada Unsafe Backing Law: NRS 484B.113
The Nevada Revised Statutes Section 484B.113 sets limitations on backing a vehicle to ensure safety and prevent traffic accidents.
Key points of this law include:
- Backing is permitted only if it can be done safely and without disrupting other traffic
- Vehicles must not back into intersections, over crosswalks, or around street corners
- Drivers must yield the right-of-way to both moving traffic and pedestrians
NRS 484B.113 aims to improve road safety by reducing the risk of car accidents caused by improper vehicle backing.
Legal Context of NRS 484B.113
NRS 484B.113 ensures vehicle backing is taken out with reasonable safety to prevent personal injury. It requires drivers not to back into intersections or over crosswalks while always yielding to oncoming traffic and pedestrians.
Put into effect in 1969, this statute underscores safe driving practices and ensures reasonable safety by restricting the means by which vehicles can back up.
Purpose of NRS 484B.113
NRS 484B.133 works to enhance road safety and prevent unsafe vehicle backing in dangerous areas, where unsafe reversing could lead to an auto accident.
Who Does NRS 484B.113 Apply To
The statute applies to all vehicle drivers on public roads or highways in Nevada, emphasizing the need for safety and caution when reversing. It prohibits backing into intersections or corners and requires drivers to yield to traffic and pedestrians.
Compliance is essential to avoid accidents and traffic violations related to dangerous vehicle backing.
Definition of Dangerous Vehicle Backing
Dangerous vehicle backing is reversing a vehicle in situations where risks, such as colliding with objects, vehicles, or pedestrians, could arise. Under Nevada law, NRS 484B.113, unsafe backing is prohibited and considered a misdemeanor offense.
Key Elements of a Dangerous Vehicle Backing Offense
Under NRS 484B.113, unsafe backing occurs when someone drives in reverse without verifying that the area is clear and creates risks to pedestrians or other vehicles. This action is classified as a moving violation in Nevada and can lead to a traffic citation, which can result in demerit points, fines, and potentially affect your state license.
Also, in cases of motor vehicle accidents, the driver who performed the unsafe backing maneuvers is held civilly liable for the damages and injuries resulting from the accident.
Common Misinterpretations About Dangerous Refreshing
Many think unsafe backing only involves collisions, but it also includes not yielding to pedestrians and other vehicles. Typically, a driver who fails to check thoroughly before reversing is issued a traffic ticket, even if no one is directly hit or suffers injuries.
Legal Implications of the Statute
NRS 484B.113 defines unsafe backing as a traffic violation that can result in fines and DMV points in Las Vegas and the rest of Nevada. Offenses include backing into intersections or not yielding the right of way.
Defense strategies might include demonstrating that no law was violated or acting in response to an emergency. However, failure to defend could result in penalties for dangerous vehicle backing, as outlined under NRS 484B.113, which may include fines and higher insurance premiums.
Legal advice from a defense attorney is frequently recommended for negotiating charge reductions or dismissals.
Classification as a Moving Violation
Nevada Revised Statutes 484B.113 classifies improper backing of a vehicle as a moving violation. This includes unsafe actions such as backing into intersections or failing to yield, which can result in accidents.
Criminal vs. Civil Consequences
Under NRS 484B.113, unsafe vehicle backing in Nevada is considered a civil infraction and results in a traffic ticket, and almost never carries any criminal charges unless other circumstances arise. This means:
- No jail time
- Fines and demerit points instead of imprisonment
Impact on Driver's License
Improper backing results in two demerit points on your license under NRS 484B.113, impacting both insurance rates and the ability to receive future charge reductions. If you accumulate twelve points, it leads to a six-month suspension of your license, which can only be contested through a DMV hearing.
Commercial licenses are subject to similar penalties as other violations, but they also require notifying the employer, and could result in harsher penalties.
Penalties for Violating NRS 484B.113
Violations for backing up unsafely occur when a driver backs up around a traffic corner or into an intersection without yielding. Penalties include:
- A civil infraction fine of $205
- Two demerit points
Potential defenses to traffic citations stemming from dangerous backing could include demonstrating compliance with the law, acting in response to an emergency, or stating a false or incorrect accusation.
Fines and Financial Consequences
A fine for improper backing varies by location; Las Vegas charges $205, while Reno charges $115. Additionally, two demerit points may be added to the driver's record, regardless of the location, which can impact insurance rates if convicted.
Judges have the authority to downgrade dangerous vehicle backing offenses to non-moving violations, which carry fewer points and may help avoid rate increases and additional penalties, so it's important to enlist support from a defense attorney to increase your chances of a plea deal.
Demerit Points on License
In Nevada, improper backing of a vehicle adds two demerit points to your driving record according to NRS 484B.113. If you accumulate twelve or more points, your license will be automatically suspended for six months, unless overturned through a DMV hearing.
Long-Term Effects on Driving Record
After receiving a traffic ticket for dangerous vehicle backing, drivers accumulate two demerit points from the Nevada Department of Motor Vehicles (DMV) due to illegal vehicle actions. These points stay on the driving record for one year and can impact insurance rates and future traffic stops.
Accumulating 12 points, like those from traffic tickets for running a red light, could result in a license suspension. Drivers are recommended to consult a defense attorney to consider options for reducing or dismissing these penalties, especially if they are facing the threat of having their license suspended.
Fault Determination in Backing Accidents
Determining fault in backing accidents involves analyzing whether drivers safely yielded to pedestrians and other vehicles, especially when backing into intersections or crosswalks. Typically, the driver who backs up is often at fault for not ensuring a clear path, which can lead to a traffic ticket, along with other civil penalties.
However, fault can be shared if both drivers failed to exercise proper caution, particularly regarding visibility, vehicle positioning, and speed. A Las Vegas car accident attorney from the Rodney Okano Car Accident Lawyer Law Firm can help you determine fault in such accidents.
Liability in Car Accidents Involving Backing
In Nevada, under NRS 484B.113, the driver who dangerously backs up is typically at fault for failing to ensure safety and for failing to yield to moving traffic and pedestrians. If both vehicles back up simultaneously without yielding, both drivers may share liability.
Factors such as visibility, eyewitness testimony, and speed play a crucial role in assessing liability for accidents involving dangerous vehicle backing.
Factors Insurance Companies and Courts Consider
Courts and insurers check if backing was conducted safely, whether pedestrians or traffic were injured, and if the driver followed right-of-way rules to determine fault in the unsafe backing incidents.
Role of Traffic Cameras and Witnesses
Traffic cameras and witnesses are crucial for determining fault in a dangerous vehicle backing accident. Cameras capture objective footage, while witnesses provide firsthand accounts, helping insurers and courts determine fault accurately during investigations.
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