In Nevada, motorists who are involved in car accidents are legally required to stop at the scene and exchange information with anyone else involved in the crash. While most Las Vegas motorists abide by this law, hit-and-run accidents are still a common occurrence.
Negligent drivers who cause accidents that injure others can be held liable for damages. However, if a negligent driver flees the scene, the injured parties may struggle to take legal action against them. Fortunately, in some situations, a skilled Las Vegas personal injury lawyer may be able to track down the hit-and-run driver and help their client file a claim.
At the Cottle Firm, our Las Vegas hit-and-run lawyers are prepared to evaluate every aspect of your accident. They will work tirelessly to identify the person responsible for your injuries. Contact our firm today at 702-722-6111 to discuss your claim in a free consultation.
Nevada Hit and Run Laws
Nevada’s hit-and-run laws are outlined in Chapter 484E of the Nevada Revised Statutes. They detail the responsibilities of drivers involved in accidents, whether they result in personal injury or property damage.
Whether or not the accident involves injuries, the drivers involved have specific legal obligations. They must stop their vehicles without obstructing traffic more than necessary. They are required to provide reasonable assistance to any injured persons, which includes calling 911 and requesting emergency services. These rules apply even if there was only property damage but no physical injuries involved in the crash.
Nevada Revised Statutes 484E.030 outlines the duty of drivers to render aid and exchange information following an accident. Regardless of who is at fault, all drivers involved must stop at the scene and provide their identity and contact information, including their address, to the other parties. When someone is injured in an accident, every driver involved has a legal obligation to ensure that the injured party receives appropriate medical care. Failure to render aid and give information is a criminal offense under Nevada law.
Legal Penalties for Hit and Run Accidents in Nevada
The penalties for committing a hit-and-run in Nevada vary depending on the severity of the accident. In addition to these criminal penalties, hit-and-run drivers may also be subject to civil liability in a personal injury lawsuit. Nevada law (NRS 41) recognizes negligence per se, which means someone may be held liable if they were committing a crime at the time of the accident, such as fleeing the scene.
Property Damage Accidents
Accidents that only involve property damage typically involve misdemeanor charges with the following penalties upon conviction:
- Up to six months in jail
- Six demerit points on the driver’s license
- Fines up to $1,000
- Negative impact on the driver’s traffic record
- One-year suspension of driver’s license
Bodily Injury or Death
A hit-and-run accident involving injuries or deaths is a category B felony in Nevada, punishable by:
- 2-20 years in prison with no possibility of a suspended sentence
- Fines ranging from $2,000 to $5,000
- Long-term consequences on the driver’s criminal record
What to Do After a Hit and Run Accident in Las Vegas
Knowing the right steps to take immediately after a hit-and-run accident can help protect your health and lay the foundation for any legal action you may need to pursue. Here are some key actions to take following a hit-and-run accident in Las Vegas.
Seek Medical Attention
Your priority should be ensuring your safety and the safety of others involved in the accident. Move to a safe location away from traffic if possible. Check yourself and any passengers for injuries, and call 911 to request medical attention. Even if you feel fine, some injuries may not be immediately apparent, so it’s crucial to be evaluated to rule out any hidden issues.
Report the Accident to the Police
A hit-and-run accident should be reported to the police as soon as possible. Call the police and provide them with all the information you have collected. This includes the time and place of the accident, a description of the fleeing vehicle, and any other pertinent details. A police report can aid in the investigation and may be used to support your legal and insurance claims.
Document the Scene
Once you are in a safe location and have called 911, begin documenting the accident scene. Take notes regarding the time, location, and circumstances of the accident. If anyone else witnessed the crash, gather their contact information and ask for statements about what they saw. The police will also speak to these witnesses.
Finally, use your phone to take photos and videos of the scene, including vehicle damage, skid marks, and any other relevant details that might help in identifying the fleeing driver.
Notify Your Insurance Company
Contact your insurance company to notify them of the accident. Provide them with all of the details you have, including the police report number. Review your insurance policy to see what coverage you have for hit-and-run accidents. Your insurer can guide you through the process of filing a claim and explain what takes you need to take next.
Seek Legal Advice
Consulting with a Las Vegas hit-and-run accident lawyer is highly recommended. An experienced Las Vegas personal injury lawyer can guide you through the complex legal and insurance processes and ensure that you take all necessary steps to protect your rights and maximize your compensation.
Why Do Hit-and-Run Drivers Flee the Scene?
There are several common reasons why hit-and-run drivers choose to flee the scene of an accident.
Fear of Legal Consequences
Drivers who cause hit-and-run crashes may face severe legal penalties. Drivers often flee to avoid criminal penalties for the crash and related issues, such as driving under the influence of alcohol or drugs, having an outstanding warrant, or driving without a valid driver’s license or insurance. The prospect of facing penalties like jail time, fines, or license suspensions can drive some people to make the irrational decision to flee the scene.
In addition to these criminal penalties, hit-and-run drivers are also subject to civil penalties if their negligence contributed to the crash. Victims of hit-and-run crashes may file personal injury claims to recover compensation for damages related to their injuries, such as medical bills, lost wages, and pain and suffering.
Financial Concerns
Financial concerns can also motivate drivers to flee an accident scene. Uninsured or underinsured drivers may fear the financial burden of covering damages out-of-pocket. Additionally, some drivers might worry about increased insurance premiums or the cost of repairs and flee the scene in an attempt to avoid these financial consequences.
Unaware of the Accident
In rare cases, a driver may unintentionally flee the scene because they are unaware that an accident occurred. This is more common in very minor collisions, where the impact may not be strongly felt, or in situations involving large vehicles like trucks, where the driver might not notice a smaller vehicle.
Panic
Accidents are extremely stressful, and some people may panic in the immediate aftermath of one. This panic can lead to poor decision-making, such as fleeing the scene in an attempt to avoid the perceived immediate threat of a confrontation with the other driver or legal issues. In many cases, these drivers may not fully understand the legal implications of leaving the scene and may act on impulse.
How Can a Hit and Run Accident Lawyer Help?
If you have recently been injured in a hit-and-run accident, you should strongly consider discussing your case with a personal injury lawyer with experience in these cases. A lawyer can provide critical support and guidance throughout the legal process and help you maximize your chances of receiving fair compensation for your injuries.
Investigating the Accident
A lawyer will conduct a thorough investigation of the accident, which may include gathering evidence from the scene, obtaining surveillance footage, and interviewing witnesses. They also may work with law enforcement to track down the fleeing driver. Your lawyer will work to find evidence of negligence and build a case to seek financial compensation for all economic and non-economic damages you’ve suffered as a result of your injuries.
Helping with Insurance Claims
Dealing with insurance companies after an accident can be complicated, especially in hit-and-run cases. A lawyer can help guide you through the claims process, ensure that all necessary documentation is submitted, and that the insurance company acts in good faith. They will advocate for you to receive fair compensation for medical expenses, property damage, and other related damages.
Filing a Personal Injury Claim
If the hit-and-run driver is identified, a lawyer can help you file a personal injury lawsuit. They can handle all legal proceedings on your behalf, such as filing court documents, negotiating with the other driver’s insurance company for a settlement, and representing you in court if necessary. Your lawyer will strive to secure compensation for medical bills, lost wages, pain and suffering, and other damages. Even if the driver is not found, a lawyer can explore other possible avenues for compensation, such as uninsured motorist coverage.
Learn More From Our Las Vegas Hit and Run Accident Lawyers
Have you or a loved one recently been injured in a hit-and-run car accident? Although these cases are more complex than most other car accident cases, you still have legal rights. At the Cottle Firm, our team of Las Vegas hit-and-run lawyers is prepared to help you track down the driver and pursue legal action for all the damages you face. Contact us today at 702-722-6111 to learn more in a free consultation.