High Occupancy Vehicle (HOV) Lanes in Nevada

High Occupancy Vehicle (HOV) lanes in Nevada, commonly referred to as carpool lanes, are meant to reduce congestion and commuting times. Vehicles are only allowed to travel HOV lanes when two or more people are in a car unless the vehicle is a motorcycle, bus, or emergency vehicle. Violating the carpool law can subject a driver to a fine of at least $250 and adds four demerit points to their driver’s license. In Las Vegas, the penalty is $352.

How Demerit Points Work in Nevada

Driving in an HOV lane in Nevada without any passengers is illegal and adds four demerit points if you receive a citation. Demerit points fall off after one year, but if an individual receives twelve or more in one year, their driver’s license will be suspended for six months. If an individual is pulled over while driving on a suspended license, they may face a misdemeanor charge that carries a penalty of up to six months in jail and/or up to $1,000 in fines.

HOV Lanes Are Faster but Not Always Safer

Drivers in the carpool lane are at the same risk of being involved in an accident, if not more, as those driving in other traffic lanes. The reasons are:

• Cars Entering Slowly: Vehicles in HOV lanes are typically moving forward at a constant speed. When another car attempts to enter the HOV lane too slowly, it increases the chance of being rear-ended.
• Cars Leaving Too Fast: Since vehicles in HOV lanes often travel at a constant speed, they may exit the lane much faster than general traffic is traveling and can end up colliding with another car.
• Insufficient Barriers: When there are inadequate barriers to separate HOV lanes from general traffic lanes, the risk of accidents is higher.

HOV Lane Violation and Car Accident Liability

It can be challenging for solo drivers to resist using an HOV lane to avoid traffic, even though they risk expensive fines. However, any driver illegally traveling in the HOV lane or in the process of illegally changing to or from the carpool lane and involved in an accident will almost certainly be placed at fault. Under Nevada’s modified comparative negligence rule, each party involved in an accident is assigned a percentage of fault. If one party is found more than 50 percent to blame, they cannot pursue compensation.

As a result, a driver who is illegally in an HOV lane when a crash occurs may be barred from recovering any compensation in addition to receiving a citation. Furthermore, if the driver only carries the state’s minimum required liability auto insurance coverage, they will be responsible for their own vehicle damage and accident-related expenses out-of-pocket.

Passengers in HOV Lane Accidents

There are very few instances where a passenger in a vehicle is blamed for an HOV lane accident. Instead, drivers are typically liable, and an injured passenger can file a claim under the at-fault driver’s car insurance policy, against the driver’s policy of the vehicle they were riding in, or both in some scenarios. For example, if one driver’s policy limits do not provide sufficient coverage, an injured passenger can make a claim against the other driver for the difference. If you were involved in a HOV lane accident, a Las Vegas accident attorney can help explore your legal options.