The term “failure to use due care” can be applied to numerous Nevada Revised Statutes. The term is mentioned in many of the statutes with most occurrences falling in the NRS 484B section.
For instance, NRS 484B.270 is titled “Failing to Exercise Due Care to Bicyclists”. In typical fashion for Nevada law, each revised statute is very specific. The generic term of “failure to use due care” can refer to many daily instances that typical drivers frequently encounter. Yielding is a common example of this. For example, when a driver is approaching an intersection, they must yield to another car that has entered that same intersection from a highway.
As you can conclude, a failure to use due care while driving in Nevada can encompass many things. The morale of the story is to always be careful while driving. Avoid all distractions such as cell phones, eating while driving, and simply pay attention.
Also, know the rules. Most people take the driving test when they become of age to drive and then never revisit the driving laws again. For some that could be decades and no doubt, certain laws have been amended during that time and new laws have been added.
If you get pulled over by a law enforcement officer using the defense of “I didn’t know that was against the law” will not suffice. You will be ticketed and most likely have to pay fines and even may have to attend court. Let Ticket Busters assist you with your traffic citation problems. We are easy to get a hold of and can start working on your case as soon as you call.
NRS 484B.280 applies to failing to exercise due care for pedestrians. A pedestrian is defined as: a person walking along a road or in a developed area. Just because this NRS refers to pedestrians does not mean you don’t have to exercise due care for other entities such as those riding a bike (electric or pedal), moped riders or those on horseback.
In keeping on track with pedestrians, the failure to use due care can encompass many things. On the more innocent level, it can mean simply not waiting for a pedestrian to completely finish crossing a street before turning into that same street. Or it could refer to yielding to them in a busy shopping mall. So often people are too focused on finding a parking spot at their favorite store that they do not even pay attention to those walking. Just because a traffic violation occurs in a business district does not make it more or less serious than a violation occurring on a typical road or highway.
If a driver hits a pedestrian and the police officer determines that a failure to exercise due care occurred, then that vehicle operator will most likely face reckless driving charges. Getting cited for reckless driving is a serious crime and there are serious consequences for it.
Penalties could be doubled if the charge occurred in a school zone but for violation on a regular street, the driver will most likely face fines and demerit points. In Nevada, ‘reckless driving’ means eight demerit points against the violators driver’s license.
Traffic school may also be required and if attended can sometimes reduce the charges to a non-moving violation. That is why it is always good to seek legal assistance if you ever find yourself in a situation of any type of traffic ticket let alone a serious one such as reckless driving or failing to exercise due care. Ticket Buster has a large staff of lawyers and legal professionals who are educated in all aspects of Nevada Law.
The reasoning for using the verbiage of “due care” in any of the Nevada Revised Statutes is to simply prevent collisions with those that are walking near roadways, riding bikes or even with other automobiles. Just like driving defensively, when you are driving and see that there are vulnerable people around (such as pedestrians) then you should be extra careful.
Use caution in these situations and slow down and most accidents will be avoided. Ensure that your car horn is working at all times as that is commonly used to get people’s attention. Statistically speaking, Nevada is one of the most dangerous states for pedestrians. The statistics could be skewed due to the number of pedestrians found on the Las Vegas Strip but in any case, they are what they are and law enforcement is aware of it as well.
Because of this high profile stat and due to it being a negative one, there are usually not many concessions that law enforcement or the court system will provide to drivers who have hit a pedestrian due to failing to exercise due care.
If I Get a Ticket Involving Failure to Use Due Care What Do I Do?
These types of tickets are serious because they often involve an injury. Although you can navigate the court system without representation, we recommend you seek legal advice and the best way to do that is to contact Ticket Busters.
Our legal team will setup a defense for your case and will need information from you about the scenario when the alleged violation occurred. Aside from taking testimony, getting eye witness accounts and utilizing surveillance photos from the intersection, we will also need to get a statement from you. You are the best witness in the case so it’s good to have legal help to ensure all details are uncovered. In nearly all situations, the law enforcement officer was not at the scene when the accident occurred as they arrived after it was called in. Again, it makes your testimony and account very important.
What are the Fines for Failing to Exercise Due Care?
We spoke of the other punishments earlier in this article that include demerit points as well as possible traffic school and most likely court appearances. Aside from all of that, there are also monetary fines that will be sure to be enacted against you. The fines will range depending on the severity of the act and also how many times you have been convicted of the violation.
The first time you are cited for failure to use due care while driving, the monetary fines will be a minimum of $250 and can range all the way to $1,000. Not only that, community service will most likely be needed on your part which can be from 50 – 99 hours. That is obviously more than an entire workweek so as you can see it gets pretty costly getting ticketed for this type of violation.
Getting cited a second time will be even more expensive. The monetary fines start at a minimum of $1,000 and range all the way to $1,500. Not only do the fines get excessive but the community service obligation does not go away either. The range for community service doubles from the first violation as hours ranges from 100 to 199 hours.
A third offense is really expensive and serious. Similar to the trend from the first offense to the second, getting cited a third time has increased fines from $1,500 to $2,000 and community service of 200 hours. So not only are you paying a couple of thousand in fines but you are also missing five full weeks of work. That is a major opportunity cost as doing community service takes away from you making money from your normal daily job.
In addition to the punishments listed above, the court could also order up to six months in jail. As we noted above, fines and sentences can be doubled if the violation occurred in a school or pedestrian safety zone but there is a cap to the addition. Note that the incremental punishment for a school zone infraction cannot exceed $1,000 in additional fines, six more months of jail time and 120 more hours of community service.
Note that if your failure to use due car causes a pedestrian to be hit by your moving vehicle and is injured or even killed then that can be charged as a Class B Felony in Nevada. The punishment for that can range from one to six years in jail and fines ranging from $2,000 to $5,000.
Can Charges be Reduced?
It is possible to get your charges reduced and in less serious instances to even get your ticket reduced to a non-moving violation. Demerit points can be negotiated as well as traffic school attendance. This can be done by you alone or you can seek out legal assistance with us at Ticket Busters.
We are well-versed in this type of defense and can assist you in lowering the punishments against you. We are easy to reach and advise you to have our phone number in your phone in the case you get in a traffic issue. The sooner you contact us the better.
Frequently Asked Questions
Why is it so important to use due care while driving?
This is a vital rule to obey because if you don’t and an accident occurs, you can be held liable. If someone is injured or killed as a result of your negligence, you could face criminal charges.
What are some examples of failing to use due care while driving?
Some examples of this would be if you are driving in a busy street while searching for road names or landmarks that you are not paying attention to the road. There may be a pedestrian crossing or a cyclist nearby that you failed to notice until you hit them.
What are the penalties for breaking this law?
The penalties can range from monetary fines to jail time, depending on the severity of the offense and whether it’s a first, second, or third offense. Community service is also a possibility.
Can charges be reduced or dismissed if I am accused of this offense?
It is possible to get your charges reduced, depending on the facts of your case and whether this is your first offense. You may also be able to attend traffic school in lieu of other penalties. An experienced attorney can help you navigate the legal process and fight for the best possible outcome in your case.
Contact an Experienced Attorney
If you’ve been accused of failing to use due care while driving, it’s important to contact an experienced traffic defense attorney as soon as possible. An attorney can help you understand the charges against you and build a strong defense. Call Ticket Busters today for a free consultation. We’re here to help!
In any case, remember to review traffic laws in Nevada and keep yourself up to date. At the very least you should at least understand who has the right of way in various scenarios. And be careful while driving and do not use your cell phone.
