Can You Sue for a Reno Wrongful Death? What Nevada Law Says

What to Know About the May 2021 Reno Wrongful Death Crash on US-395

On May 18, 2021, a violent rollover crash on US-395 in Reno claimed the life of a passenger and forever changed the lives of her loved ones. The deadly collision occurred near Panther Valley, just north of the North McCarran Boulevard exit, and involved a reckless driver under the influence of methamphetamine and fentanyl. Now, years later, the woman responsible has been sentenced to prison, but for the family of the deceased victim, the pain and consequences continue.

This Reno wrongful death case has drawn attention not only because of the heartbreaking loss but also because of what it reveals about accountability, criminal sentencing, and the right of surviving family members to seek justice through Nevada’s civil courts. Fatal crashes caused by impaired driving remain a tragic and recurring problem across Washoe County, and in cases like this, criminal punishment is only one piece of the puzzle. Families are also left with funeral costs, lost financial support, and a deep emotional void that civil claims are designed to help address.

In this blog, we will examine the details of the crash and sentencing, explain how wrongful death claims work under Nevada law, and outline what steps grieving families can take to hold negligent drivers financially responsible. If you lost a loved one in a Reno car accident and believe someone else is to blame, you may have legal options. The team at Edward M. Bernstein & Associates is here to help you explore them.

If a loved one has been affected by a wrongful death in Reno or anywhere in the Washoe County area, call us at (702) 623-4518 or contact us online for a free consultation. We’re here to help you and your family pursue the justice and compensation you deserve.

Details About the Fatal May 2021 Crash on US-395 in Reno

The deadly rollover crash that occurred on May 18, 2021, along US-395 in Reno was the result of dangerous, drug-impaired driving. This section explores what is currently known about the collision, including its location, the role of controlled substances, and the legal proceedings that followed.

Where the Crash Happened on US-395

According to court and police reports, the crash took place on the northbound lanes of US-395 near Panther Valley in Reno, Nevada. The driver lost control of her vehicle, which ultimately rolled over, ejecting and killing a passenger. The victim was pronounced dead at the scene by first responders from the Nevada Highway Patrol and the Reno Fire Department.

This area of US-395 is known for high speeds and limited margin for error. Sudden swerving, especially by impaired drivers, often leads to catastrophic outcomes. You can view the location on Google Maps to better understand the traffic layout and visibility challenges of that stretch of highway.

Driver Impairment and Crash Investigation

Toxicology reports confirmed that the driver had methamphetamine and fentanyl in her system at the time of the crash. These substances impair cognitive function, delay reaction times, and increase the risk of losing control at high speeds. According to the National Institute on Drug Abuse (NIDA), drivers under the influence of stimulants or opioids are significantly more likely to cause fatal collisions.

Witness accounts and police investigations concluded that impairment was the primary factor in the crash. The vehicle reportedly drifted erratically before rolling, suggesting that the driver may have lost consciousness or control.

Criminal Charges and Sentencing

Following an extensive investigation by the Nevada State Police, the driver was arrested and charged with driving under the influence, resulting in death. In May 2025, she was sentenced to serve up to 20 years in prison after pleading guilty. The sentencing was reported by MyNews4, which confirmed that the woman admitted to driving while impaired and accepted a plea agreement that included a lengthy prison term.

Although the criminal case has reached a resolution, Nevada law allows the victim’s family to pursue a wrongful death lawsuit in civil court, which is separate from the criminal justice process. Under Nevada Revised Statutes § 41.085, eligible family members may seek compensation for the loss of financial support, companionship, and emotional suffering.

Jennifer Dietsch
Jennifer Dietsch

Understanding Wrongful Death Claims After a Fatal Crash in Reno

When a fatal accident like the May 2021 crash on US-395 takes a loved one’s life, Nevada law offers surviving family members a path toward justice through a wrongful death claim. This civil legal process is entirely separate from any criminal charges filed against the at-fault driver and is designed to compensate those left behind for their emotional, financial, and practical losses.

Wrongful death claims can seem overwhelming, especially during a time of grief. This section explains how they work, who can file, and what types of damages may be available under Nevada law.

What Qualifies as a Wrongful Death Under Nevada Law

Nevada law defines a wrongful death as any death caused by the wrongful act or neglect of another person. This is established under Nevada Revised Statutes § 41.085, which governs the rights of heirs and the personal representative of the deceased’s estate to bring a civil action.

In the US-395 crash, the presence of methamphetamine and fentanyl in the driver’s system, combined with erratic behavior behind the wheel, serves as a clear example of negligence. Drug-impaired driving not only violates state traffic laws, but it also strips others of their right to safety on Nevada roads. According to the National Highway Traffic Safety Administration (NHTSA), drivers under the influence are responsible for thousands of fatal crashes each year.

Who Can File a Wrongful Death Lawsuit in Nevada

Wrongful death claims in Nevada must be brought by either the personal representative of the deceased person’s estate or the deceased’s statutory heirs. These include surviving spouses, children, and in some cases, parents if no spouse or child exists.

This legal structure is intended to ensure that only those who suffer a direct and significant impact from the loss can pursue compensation. For a more comprehensive explanation of eligible parties, the State Bar of Nevada provides useful guidance on personal injury and wrongful death litigation.

The Role of a Personal Representative

The personal representative, often appointed through probate court, files a claim on behalf of the deceased person’s estate. This claim focuses on economic losses suffered by the deceased prior to their death, including medical bills, lost income, and funeral expenses. The Nevada Judiciary’s probate overview outlines how estate administration works in wrongful death contexts.

The Rights of Heirs-at-Law

Heirs can file their own claims for non-economic losses like grief, sorrow, and the loss of companionship. This reflects a recognition by Nevada courts that the emotional devastation caused by an untimely death deserves legal acknowledgment and compensation. The American Bar Association offers a national overview of how wrongful death statutes operate to protect families like those affected by the US-395 crash.

How a Wrongful Death Claim Differs From Criminal Prosecution

A common question following a fatal DUI crash is whether a civil claim is still necessary if the at-fault driver has already been convicted or sentenced. The answer is yes. A wrongful death lawsuit serves a different purpose from criminal prosecution.

Criminal law punishes the defendant on behalf of the state. It can result in incarceration, fines, or probation. Civil law, by contrast, is about making the victim’s family whole again financially. The civil court process can also hold parties accountable even when criminal charges fail to result in a conviction.

According to the Legal Information Institute at Cornell Law School, it is entirely possible and legally appropriate to pursue both criminal and civil actions stemming from the same incident.

Why Civil Justice Still Matters

In a case like the Reno wrongful death crash, the driver’s prison sentence may offer a degree of accountability. But it does not provide financial resources to the victim’s family to help cover funeral expenses, counseling services, or lost future earnings. A civil lawsuit can help provide those crucial resources, and in doing so, ease some of the burdens survivors face.

The Nevada Department of Health and Human Services offers assistance with grief and trauma recovery, but cannot replace the financial support a family may have lost due to a loved one’s death. A civil case ensures that private losses receive legal recognition and restitution.

Types of Damages That Can Be Recovered

Nevada law allows for two broad categories of compensation in wrongful death lawsuits: economic and non-economic damages. In some rare but severe cases, punitive damages may also be awarded.

Economic Damages in a Reno Wrongful Death Case

Economic damages refer to the measurable, out-of-pocket losses that result from a loved one’s death. These include funeral and burial expenses, medical bills incurred before death, and the loss of income or benefits the deceased would have earned if they had lived.

The National Funeral Directors Association estimates that the average cost of a funeral in the United States now exceeds $7,000. For many families, this expense comes as a sudden and unexpected surprise. A wrongful death claim helps relieve that financial burden.

Additionally, when a family loses a primary wage earner, the loss of future earnings can stretch into hundreds of thousands of dollars. Economists and vocational experts are often brought in to project lost income, retirement benefits, and other financial contributions the deceased would have made. These projections are based on guidelines from data provided by the U.S. Bureau of Labor Statistics.

Non-Economic Damages for Grief and Loss

While harder to quantify, non-economic damages are often the most meaningful for families. Nevada law permits compensation for grief, loss of companionship, loss of guidance for children, and emotional suffering.

According to Psychology Today, the loss of a loved one in a traumatic crash often leads to complicated grief, which can disrupt every aspect of life. Courts recognize this and allow compensation even in the absence of direct economic loss.

The Possibility of Punitive Damages

Punitive damages are awarded not to compensate the victim, but to punish the wrongdoer and deter similar conduct. These damages are available in cases where the defendant’s conduct was particularly egregious, such as driving under the influence of narcotics.

Under Nevada Revised Statutes § 42.005, punitive damages are allowed in cases involving willful misconduct or gross negligence. Given that the defendant in the US-395 case was found to have fentanyl and methamphetamine in her system, a strong argument could be made for the application of punitive damages if a civil claim is filed.

How Attorneys Investigate and Prove Wrongful Death in Fatal Reno Crashes

Wrongful death claims are emotionally charged and legally complex. While grief may feel overwhelming, time is critical. A successful lawsuit depends on early investigation, thorough documentation, and a legal strategy tailored to Nevada’s wrongful death statutes. After a tragic crash like the May 2021 US-395 rollover, wrongful death attorneys must act quickly to secure evidence, determine liability, and calculate damages for the family left behind.

This section explores how skilled legal teams build a compelling case from the ground up, starting with what happens in the immediate aftermath of a fatal collision.

Why Prompt Investigation Matters After a Fatal Crash

Evidence fades quickly after a crash. Skid marks disappear, witness memories fade, and critical surveillance footage can be lost. That is why experienced attorneys begin investigating a wrongful death claim as soon as they are retained.

In fatal collisions like the one on US-395, investigators often rely on physical evidence such as vehicle debris, impact points, and road surface markings. These elements help reconstruct the crash and determine how and why it occurred. According to the National Association of Accident Reconstruction Specialists (NATARI), reconstruction experts are essential in proving liability, especially in rollovers or high-speed crashes involving drug impairment.

Accessing the Official Police Report

The crash report from the Nevada State Police is often the most critical document in the early stages of a wrongful death case. It contains factual observations, initial fault assessments, and toxicology findings. Families can request a copy directly through the Nevada State Police Central Records Division.

Attorneys will cross-reference this report with witness statements, 911 call logs, and emergency medical records to create a timeline and identify all responsible parties.

Identifying Additional Sources of Evidence

Beyond the police report, a thorough legal investigation may include surveillance footage from nearby traffic or business cameras, dashcam recordings, phone records, GPS data, and vehicle maintenance logs. In fatal crashes involving drug use, attorneys may also subpoena lab results and statements from EMTs who observed signs of impairment at the scene.

The National Highway Traffic Safety Administration maintains detailed guidelines for identifying driver impairment and how it correlates with fatal crash risk.

How Liability Is Determined in Nevada Wrongful Death Claims

Nevada follows a modified comparative negligence rule, meaning the court assigns fault among all involved parties. To secure full compensation, the deceased must be found 50 percent or less at fault for the crash. If the victim was not responsible, then the defendant may be held liable for the full extent of damages.

This principle is codified in Nevada Revised Statutes § 41.141, which governs liability and shared fault in civil cases.

Proving Negligence or Recklessness

In the US-395 crash, toxicology reports and guilty pleas serve as powerful evidence of negligence. But in other wrongful death cases, proving fault may involve more nuanced factors, such as distracted driving, mechanical failures, or road design defects.

According to the American Bar Association Motor Vehicle Litigation Division, most wrongful death cases hinge on four key elements: duty of care, breach of duty, causation, and damages. Attorneys must demonstrate that the at-fault driver breached their duty by acting recklessly or negligently, and that breach directly caused the victim’s death.

When Multiple Parties May Share Fault

Wrongful death claims are not always limited to individual drivers. In some cases, liability may extend to third parties. For example, if a mechanic improperly serviced a vehicle’s brakes or a manufacturer released a defective tire, they may be held partially responsible. The Consumer Product Safety Commission provides recall data that attorneys use to identify whether defective equipment played a role.

Calculating and Supporting a Family’s Losses

After the fault is established, attorneys must calculate the full extent of damages, not just immediate costs, but also long-term financial and emotional impacts. This calculation requires extensive documentation and professional input.

Using Experts to Project Lost Earnings

In wrongful death cases involving working-age adults, an economist may be brought in to forecast lifetime earnings based on age, occupation, work history, and inflation. Vocational experts analyze the decedent’s potential career trajectory, including expected raises, promotions, and retirement benefits.

These calculations rely on data from the U.S. Bureau of Labor Statistics, which provides wage tables and employment growth projections by industry.

Documenting Grief and Emotional Loss

Unlike economic losses, emotional trauma is subjective, but no less real. Attorneys often work with psychologists and grief counselors to document the mental health toll on surviving family members. Courts may award damages for loss of companionship, emotional suffering, and loss of parental guidance.

According to the American Psychological Association, losing a loved one suddenly, particularly in a violent crash, is associated with prolonged grief disorder and other serious mental health challenges.

Establishing the Value of Household Contributions

In some cases, the deceased may not have been earning wages but contributed substantially through caregiving, homemaking, or childcare. Attorneys may call on life-care planners to calculate the market value of these contributions and how their absence will financially affect the household.

Reports from the U.S. Department of Labor on unpaid household labor are frequently used to support these claims.

How to File a Wrongful Death Claim in Reno After a Fatal Crash

Filing a wrongful death claim in Nevada is a significant legal undertaking that must be approached with care, timeliness, and the support of experienced counsel. While no amount of compensation can undo the pain of losing a loved one, a successful civil case can offer financial security, accountability, and a path forward for grieving families. After a deadly crash like the one on US-395 in May 2021, surviving relatives must understand how the legal process works and what steps are involved.

This section explains how wrongful death claims are filed in Reno, which deadlines apply, and what survivors need to know about navigating the civil court system in Nevada.

The First Step Is Determining Who Can File the Lawsuit

Before any claim can be filed, Nevada law requires a clear identification of the legal parties who have standing to sue. As outlined in Nevada Revised Statutes § 41.085, there are two types of claimants: heirs and the personal representative of the estate.

Heirs include a surviving spouse, domestic partner, children, and in some cases, the decedent’s parents. If there are no heirs, then the personal representative appointed by the court during probate may file on behalf of the estate.

The Nevada Judiciary’s probate self-help center provides information on how to open an estate and request an appointment as a representative if one has not already been designated.

Why Legal Standing Matters

Filing a wrongful death claim without proper legal standing can result in the case being dismissed. This is why it is essential to consult with a personal injury attorney before taking any action. A lawyer will verify your eligibility, determine whether others have concurrent rights, and ensure that the claim is filed in the correct legal capacity.

According to the American Bar Association, disputes over standing are one of the most common procedural obstacles in wrongful death litigation.

Understanding Nevada’s Statute of Limitations for Wrongful Death

The deadline to file a wrongful death lawsuit in Nevada is generally two years from the date of death. This time limit is strictly enforced under NRS § 11.190(4)(e), and failure to file within this window almost always results in a permanent loss of the right to seek compensation.

That means families affected by the US-395 crash in May 2021 would have had until May 2023 to file a claim, barring any exceptions.

Why Acting Quickly Is Critical

Even if the statutory deadline appears far off, time is of the essence. Gathering records, locating witnesses, securing expert opinions, and negotiating with insurers all take time. In many cases, insurance companies begin preparing their defense within days of the accident. Waiting too long to seek legal help can allow crucial evidence to disappear.

The Nevada Department of Business and Industry’s Division of Insurance notes that early notification of claims is essential to preserve benefits and meet policy deadlines.

How the Legal Process Unfolds After Filing

Once a wrongful death complaint is filed in civil court, the defendant (usually the at-fault driver or their insurer) is formally served with legal notice. This begins the litigation process, which proceeds in several phases.

Pre-Trial Discovery and Evidence Exchange

Both sides exchange evidence, including crash reports, medical records, and witness testimony. Attorneys may conduct depositions under oath and consult with forensic experts or accident reconstruction specialists.

According to the National Institute for Trial Advocacy, discovery is where most wrongful death cases are won or lost. Clear documentation of negligence and loss is often enough to pressure defendants into settling.

Settlement Negotiations or Trial

Many wrongful death claims are resolved through settlement. Attorneys will work to negotiate a resolution that fairly reflects your family’s losses. However, if the parties cannot agree, the case may proceed to trial in Washoe County District Court. Court resources, including dockets and e-filing information, are available on the Second Judicial District Court of Nevada website.

How Insurance and Compensation Work in Wrongful Death Cases

In fatal crashes like the US-395 incident, compensation often comes from the at-fault driver’s auto insurance policy. If the driver was impaired or driving recklessly, the insurer may try to avoid full liability, but Nevada law requires drivers to carry minimum coverage for bodily injury and death.

The Nevada Department of Motor Vehicles provides up-to-date insurance minimums and requirements for liability coverage in Nevada.

What If the Driver Has No Insurance or Insufficient Coverage?

If the negligent driver was uninsured or underinsured, a wrongful death claim may turn to the victim’s own auto policy for coverage. Nevada drivers may carry Uninsured/Underinsured Motorist (UM/UIM) coverage, which steps in when the at-fault party cannot pay.

Families should review their insurance declarations or speak with an attorney about filing a UM/UIM claim. The Insurance Information Institute offers an overview of how these policies function and when they apply.

Can Multiple Sources of Compensation Be Pursued?

Yes. In addition to auto insurance, other sources of compensation may include life insurance, Social Security death benefits, or claims against third parties. For instance, if road conditions contributed to the crash, a government agency could be named as a co-defendant, though strict procedural rules apply when suing public entities. These are outlined by the Nevada State Risk Management Office.

Talk to a Reno Wrongful Death Lawyer Today

If you lost someone you love in a fatal crash on US-395 or anywhere in Washoe County, you do not have to face the aftermath alone. At Edward M. Bernstein & Associates, we understand that no legal action can replace what you have lost, but it can hold the right people accountable, protect your family’s future, and help you move forward with strength and support.

For more than 40 years, our team has stood beside grieving Nevada families after the unthinkable. We know how to investigate fatal crashes, build powerful wrongful death claims, and negotiate with insurers who rarely offer what a case is truly worth. Whether your loss was caused by a reckless driver, a drug-impaired motorist, or a defective vehicle, our Reno wrongful death attorneys are here to pursue justice with the compassion and urgency your case deserves.

We offer free consultations and never charge a fee unless we recover compensation for your family. Call us today at (702) 623-4518 or reach out online through our contact page. Let us help you honor your loved one’s memory by holding the negligent party accountable.

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