Just like every other state, Nevada requires everyone involved in an auto accident to do certain things before they can lawfully leave the scene of that wreck—specifically, stop at the scene, provide help to anyone who needs it, exchange personal and insurance information with all other involved parties, and usually wait until the police arrive. Anyone who fails to fulfill any of these requirements may not only face criminal prosecution, but also civil liability for the role they played in causing the wreck.
If you were recently injured in a hit and run car accident in Las Vegas, it may be especially important for you to get help from a seasoned car accident lawyer. At Shook & Stone, we understand how uniquely traumatic and infuriating this sort of crash can be, and our team can work tenaciously to identify the person who hit you and make sure they are held responsible for the harm their actions have caused you.
Nevada’s Legal Requirements for Drivers Involved in Accidents
According to Nevada Revised Statutes (NRS) 484E.010, drivers involved in accidents that result in either injury or death—if not both—are legally obligated to take the following actions:
- Stop at the scene—or as close as possible—without obstructing traffic.
- Provide their name and address to the other parties involved
- Give their vehicle registration number to the other parties involved
- Render reasonable assistance to any injured persons
- Call medical treatment professionals immediately, if necessary
Failure to comply with these requirements can lead to serious legal consequences that can have a long-lasting impact on your criminal record. For example, let’s say the incident results in bodily injury or death.
If the at-fault driver flees the scene of the collision, they could face a category B felony charge, which is punishable by anywhere from two to 20 years in prison according to Nevada state laws.
On top of imprisonment, those responsible for hit and run crashes can owe between $2,000 and $5,000–if not more—in fines. Meanwhile, accidents that only result in property damage carry the following penalties:
- Up to six months in jail
- Fines around $1,000
This is because this type of offense is categorized as a misdemeanor rather than a felony. For more information about what the person responsible for hurting you could face, reach out to your Las Vegas personal injury lawyer.
Challenges Often Faced by Victims of Hit-and-Run Collisions
Victims of hit-and-run accidents often encounter a number of challenges in the pursuit of justice. However, don’t let these potential issues deter you from reaching out to Las Vegas hit and run accident attorneys.
Your legal counsel can help you overcome the following problems if they arise during the legal process:
- Identifying the responsible party: In many cases, the at-fault driver flees the scene, making identification more difficult.
- Insurance complications: Without the responsible party’s information, it can be hard to obtain compensation through traditional insurance channels.
- Emotional and physical impact: The trauma of the accident—coupled with the uncertainty of the situation—can have lasting emotional and physical effects on you and your family.
Nevada’s Statute of Limitations for Hit-and-Run Accidents
In Nevada, the statute of limitations for a personal injury claim or lawsuit resulting from a hit and run accident is usually two years. This 24-month period begins on the date the collision took place.
However, there are exceptions in some cases. For instance, if the collision only caused property damage, the statute of limitations might be extended to three years instead. The statute of limitations may vary depending on the circumstances of the case.
That’s why it’s advisable to consult with hit and run accident lawyers in Las Vegas as soon as possible. Your legal counsel can make sure you respond promptly and adhere to the applicable timeframes for your specific situation.
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Insurance Considerations for Hit-and-Run Accidents
If the responsible driver cannot be identified, you might still have options when it comes to pursuing compensation:
- Uninsured motorist coverage: If you have uninsured motorist coverage, your own insurance policy may cover your medical expenses and damages.
- Personal Injury Protection (PIP): PIP coverage can help pay for medical expenses regardless of who was at fault.
- Collision coverage: This can help you either repair or replace your vehicle if it was damaged in the accident.
It’s important to review your insurance policy to understand the coverage that is available to you in the aftermath of the hit and run collision. You can also ask your hit and run accident lawyers in Las Vegas to explain your options to you.
Does Committing “Hit and Run” Make Someone Legally Negligent?
The legal basis for virtually every auto accident lawsuit in Las Vegas and throughout the state of Nevada is “negligence”—in other words, proving that at least one person involved directly caused the accident to happen through their own reckless or careless misconduct. Typically, this means showing that another driver involved in your wreck—who, in this case, then illegally fled the scene of that wreck—broke a traffic law, drive while drunk or distracted, or otherwise breached the “duty of care” they owed you and everyone else on the road.
Importantly, though, while someone illegally leaving the scene of an accident often correlates with them having been negligent in some way, the fact that they broke the law after the crash does not necessarily mean they acted negligently before it as well. It will still fall to you to establish through a “preponderance of evidence” that a hit-and-run driver was primarily responsible for your Las Vegas car accident, irrespective of their hit-and-run offense. This is something that the skilled legal professionals at Shook & Stone can provide vital assistance with.
What If You Cannot Find the Person Who Hit You?
Unfortunately, law enforcement officers cannot always track down and pursue criminal charges against people who cause hit and run car crashes in Las Vegas. As a result, those injured in these accidents often cannot name the hit and run driver as the defendant in a civil lawsuit or settlement demand. In a situation like this, the only option for financial recovery would be to go through personal insurance.
The most helpful type of insurance coverage in this regard is uninsured motorist coverage. This optional policy add-on can be applied to wrecks where the at-fault party cannot be identified. In certain situations, you may also be able to take advantage of Med Pay coverage to cover medical expenses for you and your passengers on a no-fault basis.
Get in Touch With a Las Vegas Attorney After a Hit and Run Accident
Someone who illegally flees the scene of a car crash will almost always find themselves in legal hot water soon after—often in both criminal and civil court. While the criminal justice system handles the former type of case, our team at Shook & Stone can help you achieve the best possible resolution from the latter.
Recovering fairly after a hit and run car accident in Las Vegas is almost always easier with a skilled legal professional on your side. Call today to discuss your options.
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