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What Is the Nevada Tailgating Law: NRS 484B.127
NRS 484B.127 is a Nevada traffic law that requires drivers to maintain a safe following distance based on the speed limit, traffic, road, and weather conditions.
A tailgating violation under NRS 484B.127 is considered a misdemeanor moving violation and may expose drivers to negligence and liability for bodily injury and property damage in the event of an auto accident.
This law is crucial for victims of rear-end accidents to understand, especially when seeking to establish the other driver's liability for following too closely and working with a Las Vegas car accident attorney such as myself can help ensure laws like these are used to your advantage in your auto accident claim.
The Legal Definition of "Too Close" in Nevada
Nevada's NRS 484B.127 defines "too close" as following another vehicle at a distance that is not reasonable and prudent given speed, traffic, and road conditions. Breaking this law by following another driver too closely can lead to a tailgating traffic citation, which is considered a moving violation that adds demerit points to your license.
Key Statutory Provisions Outlined in NRS 484B.127
NRS 484B.127 requires drivers to keep a reasonable and prudent distance behind the car in front of them while considering speed, traffic, weather, and road conditions.
For trucks over 80 inches wide, NRS 484B.127 requires that they maintain a 500-foot gap to the vehicle in front of them when possible. However, despite the set distance rules for large trucks, the FMCSA reports that 5% of truck crashes are caused by commercial vehicle drivers following too closely.
How Courts Interpret "Safe Distance" in Real-World Scenarios
When Nevada courts assess a rear-end crash, they look at whether the driver left a reasonable following distance, defined by NRS 484B.127 as enough space to stop suddenly. Judges also consider speed, traffic flow, road design, and weather. If the distance is too small, the rear driver may be deemed negligent under the law and face complete or higher civil liability.
Determining Fault in a Rear-End Accident
Establishing who was negligent in tailgating cases often depends on NRS 484B.127, which requires drivers to keep a reasonable following distance.
While NRS 484B.127 often puts the following driver at fault in rear-end crashes, the front driver may share liability if they exhibit negligent or aggressive driving behavior, such as brake-checking, that contributed to the crash.
Factors Courts Examine to Assign Liability
Courts first examine whether the rear driver was tailgating by analyzing surveillance video, the police report, or witness statements. After checking whether the following driver was following closely, they will assess whether the front driver committed negligent acts such as sudden braking or erratic driving.
Finally, they will determine what percentage of fault each party is assigned based on how much their actions contributed to the car crash.
Penalties for Tailgating in Nevada
Under Nevada state law, if a driver is found guilty of illegal tailgating, the court may issue a tailgating ticket that carries a fine, demerit points, a possible suspended license, and, though rarely imposed, a maximum penalty of 6 months in jail.
However, Nevada judges have often been seen as lenient during hearings for tailgating tickets by reducing punishments, but if your situation is dire, you should enlist help from a defense attorney who can argue for dismissal or downgrade your traffic ticket to a non-moving violation.
Monetary Fines and Administrative Fees
Receiving a traffic ticket for tailgating in Nevada results in a $305 fine, which may be doubled if it occurs in a school or work zone under NRS 484B.130 and NRS 484B.135.
In addition to the fine, defendants may face court-administrative fees that increase the overall cost. Luckily, many offenders can negotiate a dismissal or a reduction of their traffic ticket, thereby lowering both the fine and the administrative expenses.
License Points and Possible Suspensions
In Nevada, a tailgating ticket adds 4 demerit points to a driver's license, which remain on the record for 1 year. When a driver's total reaches twelve points or more, their driver's license may be suspended for up to six months, while those with commercial licenses may have their license suspended up to a year or have it revoked, depending on the circumstances.
Damages That Could Result from a Tailgating Accident
As a Las Vegas personal injury attorney, I've seen how a rear-end collision can greatly affect every aspect of a victim's life. When you're hit by a tailgating driver, you may suffer:
- Medical expenses and rehabilitation costs.
- Lost income from work absences.
- Expenses stemming from a jury trial if the insurer doesn't offer a favorable deal.
- Emotional Distress.
Due to the amount of damage that can result from tailgating accidents, it's crucial to work with a Las Vegas car accident lawyer to increase your chances of securing financial compensation.
Immediate Physical and Financial Consequences
In a rear-end accident, common injuries you may suffer from include:
- Whiplash
- Concussions
- Brain injuries
- Broken bones
These injuries can result in substantial medical bills and time off work, creating a serious financial burden if adequate compensation is not sought, making working with personal injury attorneys crucial.
Impact on Car Insurance Coverage and Premiums
When involved in a rear-end crash, the insurance company is typically fast to pay out claims for the front driver, but if you're the tail driver, you may have trouble seeking compensation, as Nevada law NRS 484B.127 puts you automatically at-fault in the eyes of an insurer unless evidence proves otherwise.
However, regardless of whether you are the rear or front driver, you can expect your insurance premiums to rise after the accident.
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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.
