Car Accidents

Hit head-on by a wrong-way driver in Las Vegas: who is responsible, and who pays?

Last updated November 9, 2026.

The wrong-way driver, in almost every case. Nevada requires vehicles to keep to the right half of the road, to travel only in the posted direction on a one-way road, to stay on the right-hand roadway of a divided highway, and to enter and leave a freeway only at the marked ramps (NRS 484B.200, 484B.220, 484B.227, 484B.587(1)). A driver heading the wrong way has broken at least one of those rules before the impact. In a Las Vegas car accident claim, fault is rarely the hard part. Coverage, evidence and the size of the injuries are.

Head-on collisions are a real share of Nevada's traffic deaths. From 2020 to 2024, head-on collisions accounted for 191 of the state's traffic deaths counted by crash type, about 10 percent, according to Nevada's 2026 Crash Facts report. This page explains the rules, who pays, what changes when the driver was impaired or died, and what to do in the first week.

What happens after a wrong-way or head-on crash in Las Vegas, step by step?

  1. Police investigate. On city streets and in unincorporated Clark County it is usually LVMPD, and on the freeways the Highway Patrol. See which agency handles your crash and how to get the report.
  2. Impairment is tested. If police suspect alcohol or drugs, the driver may face DUI charges. A DUI that causes death or substantial bodily harm is a category B felony with a minimum prison term of at least 2 years, and at least 5 years for a death caused by a driver with prior offenses (NRS 484C.430(2)).
  3. You open claims. With the wrong-way driver's liability insurer, and with your own insurer for medical payments and a possible uninsured or underinsured motorist claim.
  4. Coverage is measured against the injuries. Nevada's minimum is $25,000 per person and $50,000 per crash (NRS 485.185(1)). Head-on injuries often exceed that, which makes your own coverage central.
  5. Other responsible parties are checked. An employer, the vehicle's owner, or a bar that served the driver may be part of the picture, depending on the facts.
  6. The criminal case and the injury claim run side by side. They are separate, but the criminal file often holds key evidence; see how the criminal case affects your injury claim.
  7. The deadlines run. An injury lawsuit generally must be filed within 2 years, and a wrongful death claim on the same 2-year clock (NRS 11.190(4)(e)).

Which Nevada rules does a wrong-way driver break?

Where it happenedThe ruleSource
Any two-way road wide enoughDrive on the right half, except when passing, when the right half is closed, on certain three-lane roads, on one-way roads, or when the road is too narrowNRS 484B.200(1)
Passing on a two-lane roadDo not cross to the left unless the left side is clearly visible and free of oncoming traffic far enough ahead to pass safely; never near hill crests, curves, intersections or railroad crossings within the stated distancesNRS 484B.213
One-way street or roadDrive only in the direction designated and signpostedNRS 484B.220(1)
Divided highway with a medianUse only the right-hand roadway; do not cross the dividing space except at an opening, crossover or intersection; a misdemeanorNRS 484B.227
Freeway (controlled-access highway)Enter and exit only at the marked entrances and exitsNRS 484B.587(1)

A violation of a traffic statute is strong evidence of fault in the injury claim. Nevada's comparative fault rule still applies, so the other side may argue you could have avoided the crash, but your recovery is reduced only by your own percentage and is barred only if your share is greater than the defendants' combined share (NRS 41.141(1), (2)).

Who pays for the injuries?

  • The wrong-way driver's liability coverage pays first, at least $25,000 per person, $50,000 per crash and $20,000 for property (NRS 485.185(1)). Our page on what Nevada's 25/50/20 minimum pays explains those limits.
  • Your underinsured motorist coverage can pay the amount your damages exceed the driver's limits, up to your own limits (NRS 687B.145(2)). In a head-on crash it can be the largest source of money; see claiming your own underinsured motorist coverage.
  • Your uninsured motorist coverage applies if the driver had no insurance, if the insurer denies coverage, or if the driver fled after physical contact and cannot be found, provided the crash was reported in time (NRS 690B.020(3)).
  • Your medical payments coverage, if you bought it, pays early medical bills; insurers must offer at least $1,000 (NRS 687B.145(3)).
  • The owner or employer may also be responsible if the driver was a family member using the owner's car (NRS 41.440) or was working; see who can be responsible besides the driver.

What changes when the wrong-way driver was impaired?

Impaired driving and head-on crashes overlap in the state's data: among Nevada's fatal impaired driving crashes from 2020 to 2024, 83, or 11 percent, were head-on collisions, according to the 2026 Crash Facts report. When a driver injures someone while violating Nevada's DUI law after willfully consuming alcohol or another substance, the injured person may claim punitive damages in addition to compensation, and the general punitive caps in NRS 42.005 do not apply (NRS 42.010). Our page on punitive damages against a drunk driver in Nevada explains how that works.

A DUI case also produces evidence: the blood test and the police file. Our page on getting the police report, blood test and court file after a DUI crash explains how to request them, and our page on a drunk driver with only minimum insurance covers the coverage gap.

What changes the answer

  • The wrong-way driver died. The claim survives and is brought against the driver's estate, but punitive damages cannot be recovered from an estate (NRS 41.100(1), (2)). See what happens when the driver who caused the crash died.
  • Someone in your car died. The family's wrongful death claim has its own rules on who may sue and what may be recovered (NRS 41.085); see wrongful death claims after a fatal Nevada crash.
  • Several cars were involved. Each defendant is generally liable only for its own share when comparative negligence is raised (NRS 41.141(4)). Settling with one driver first reduces the claim against the others (NRS 17.245(1)(a)).
  • The crash was on a rural two-lane highway. A head-on crash during a pass turns on NRS 484B.213's visibility and distance rules.
  • A government vehicle was the wrong-way vehicle. Special caps and deadlines apply; see crashes with a city, county or state vehicle.

For example: a wrong-way driver on US 95

Imagine a driver named Corinne. Driving home late on US 95, she sees headlights coming toward her in her lane and cannot get out of the way. The other driver had entered the freeway on an exit ramp. Corinne suffers a broken leg and needs surgery. Everything here is hypothetical.

The Highway Patrol finds the other driver's blood alcohol over the legal limit, and he is charged under NRS 484C.430. Fault in the injury claim is not in serious dispute: he entered the freeway other than at a marked entrance (NRS 484B.587(1)) and drove against traffic.

His policy has the $25,000 minimum. Corinne's bills alone pass that. She claims the full policy, then opens an underinsured motorist claim with her own insurer under NRS 687B.145(2), reading the consent terms before she signs the first release. Her claim against the driver also seeks punitive damages under NRS 42.010, which matters if he has assets or other coverage. Her medical payments coverage pays her first emergency room bills.

Common mistakes after a wrong-way crash

  • Settling for the other driver's limit without checking your own policy. Your underinsured motorist coverage may be worth more than the other driver's policy.
  • Signing a release without reading your own policy. Check your policy's notice and consent terms before you settle with the at-fault driver's insurer.
  • Waiting for the criminal case to finish. The 2-year civil deadline keeps running (NRS 11.190(4)(e)).
  • Not asking for the full investigation file. Serious crash reports often include reconstruction, photos and test results.
  • Assuming nothing can be done if the driver died. The claim survives against the estate (NRS 41.100).

What to do this week

  1. Get medical care and keep every record and bill.
  2. Ask the investigating agency for the event number and when the report will be ready.
  3. Notify your own insurer and ask for your uninsured, underinsured and medical payments limits in writing.
  4. Open a claim with the wrong-way driver's insurer and get the claim number.
  5. If impairment is suspected, note the criminal case number when it is filed.
  6. Keep photos of your car before it is moved or salvaged.
  7. Mark the 2-year deadline (NRS 11.190).

Frequently asked questions

Is the wrong-way driver always at fault?

Almost always. Driving against traffic breaks Nevada's direction-of-travel rules (NRS 484B.200, 484B.220, 484B.227, 484B.587). The other side may still argue you shared some fault, which NRS 41.141 would use to reduce your recovery.

Can I get punitive damages from a drunk wrong-way driver?

You may seek them if the driver caused the injury while violating Nevada's DUI law after willfully consuming alcohol or another substance (NRS 42.010). Those damages cannot be recovered from the driver's estate if the driver died (NRS 41.100(2)).

The wrong-way driver had no insurance. What now?

Your uninsured motorist coverage may pay, unless you rejected it in writing (NRS 690B.020). See what you can recover when the other driver had no insurance.

Can Nevada's Victims of Crime Program help?

Nevada's definition of a crime "victim" includes a person physically injured or killed as the direct result of a DUI violation, or of an act or neglect of duty punishable under the DUI injury and vehicular homicide statutes (NRS 217.070(1)(d)). That is one way a crash victim can qualify; a pedestrian hurt by a driver who failed to stop is another (NRS 217.070(1)(e)). See whether the Victims of Crime Program can help after a drunk driving crash for the eligibility rules.

How long do I have to file?

Generally 2 years for an injury or death claim and 3 years for property damage (NRS 11.190). Our page on every deadline after a Nevada car accident lists the others.

If you or someone in your family was hit by a wrong-way driver in the Las Vegas Valley, attorney Maysoun Fletcher can review the coverage and the investigation with you. Call 702-333-6339 for a free consultation; the phones are answered 24/7.

Sources

Get Your Free Consultation

To connect with us and receive your free consultation, please give us a call at 702-333-6339.

Call Now: Free Consultation