Las Vegas Hit and Run Accident Lawyer

If the other driver left the scene, you may have several routes to recovery, and your lawsuit may or may not name a defendant.

Possible At-Fault Parties

However, the cause of the crash is important when determining liability for the crash; liability may be split between multiple people.

The Hit-and-Run Driver (If Identified)

The liable party can then be named in a claim on their insurance, or in a civil suit if necessary. In extreme cases, the plaintiff may be entitled to punitive damages.

Your Own Insurance Provider (UM/UIM Claims)

Uninsured Motorist (UM) coverage may pay you for your injuries or damages resulting from an accident when another driver is at fault and does not have insurance or enough insurance. UM coverage can also be used if the other driver flees the scene.

Nevada has no UM/UIM coverage requirement. The minimum required automobile insurance coverage in Nevada is $25,000 per person / $50,000 per accident for bodily injury and $20,000 for property damage (25/50/20). While insurers must offer UM/UIM, drivers can reject UM/UIM coverage on their policy.

Vehicle Owners (If Different From Driver)

In addition, if the driver was not the registered owner of the motor vehicle, the owner may be found liable for negligent entrustment to a person whom he knew or should have known was an unsafe driver.

Employers (If Driver Was Working at Time of Crash)

If the hit and run driver was an employee at the time, the employer might also be liable to pay damages, for example in the case of a delivery driver or commercial driver.

Compensation, which depends on injury severity, insurance coverage, and whether a defendant can be located, can be pursued through an insurance claim or civil lawsuit.

Economic Damages (Medical Bills, Lost Wages, Property Damage)

Economic damages are calculable financial losses, such as:

• Costs for ER visits, surgery, physical therapy, rehabilitation center
• Lost wages, diminished earning capacity
• Vehicle repair or replacement costs
• Future medical costs for long-term care and services

Non-Economic Damages (Pain, Suffering, Emotional Distress)

These damages include non-economic damages such as pain and suffering, mental anguish, anxiety, post-traumatic stress disorder (PTSD), and impairment to relationships from a hit and run car accident.

Punitive Damages in Hit-and-Run Cases

Punitive damages may be permitted where the other driver acted with reckless disregard for the safety of others or with intent, as in fleeing while intoxicated.

The following steps may help if you are involved in a hit and run collision:

1. Check for injuries, and if you can do so safely, move to an area of safety.
2. Call the police to report the accident; a police report can be good evidence.
3. Medical attention should always be sought, even if the affected party feels fine, as conditions like concussions and internal bleeding can be asymptomatic.
4. Get a description of the vehicle, any license plate number, direction of travel and time and place.
5. Interview witnesses, and take their names and addresses.
6. Take photographs of the scene, damage, and injuries.
7. Tell your insurance company as soon as possible.
8. If required, file a DMV report under NRS 484E.070: The SR-1 form may be required within 10 days if there is no police report.
9. First, we recommend consulting with a Las Vegas hit and run accident lawyer before speaking with insurance adjusters.

Hit and run accidents can be severe and may worsen due to the delay in obtaining necessary medical assistance. Common injuries include:

• Trauma to the brain (TBI and concussion)
• Spinal cord injuries, including herniated discs
• Broken bones in the arms, legs, ribs and pelvis
• Internal bleeding due to organ injury
• Soft tissue injuries such as sprains and strains
• Post-traumatic stress disorder, anxiety disorders, and other conditions

Nevada takes hit and run offenses seriously, and the law imposes duties on drivers involved in a car accident.

Duty to Stop, Provide Information, and Render Aid

NRS 484E.010 through 484E.030 require drivers involved in a vehicle collision resulting in injury, death, or property damage to give their name, address, vehicle registration number, and driver’s license number to other persons involved, and if any person is injured, to provide reasonable assistance, such as calling for help.

Failing to comply with these duties may be a criminal offense.

Criminal Penalties for Leaving the Scene

For property damage, a misdemeanor with fines and/or imprisonment. For injury or death, a Category B felony, with 2 to 20 years of imprisonment and $2000 to $5000 in fines. License suspension is also possible.

If the at-fault driver is not identified, your own insurance company will usually become the first source of compensation.

Understanding Uninsured Motorist (UM/UIM) Coverage

UM coverage for hit and run accidents may apply if the at-fault driver is unknown or uninsured. However, in Nevada, the other vehicle typically must have been in physical contact with the insured vehicle. UM/UIM coverage is not required, so availability will depend on your policy.

Filing a Claim Through Your Own Insurance

To file a UM claim, report your claim to your insurer, cooperate in their investigation, and document your claim. Your own insurer may still dispute liability or damages. Las Vegas hit and run accident attorneys can assist you in handling such disputes.

A negligent driver who flees after a crash is not automatically liable for causing the crash.

Standard Negligence Rules Still Apply

The four elements of a fault-based tort are duty, breach, causation, and damages. All drivers owe a duty to drive with reasonable care. When a driver breaches that duty and causes damages, the driver may be liable.

Can a Fleeing Driver Still Be Found Not at Fault?

Yes. A driver with a green light who is struck by a red-light-running driver may be considered to be committing a crime by fleeing the intersection, but may not be at fault for the collision itself. However, fleeing is a separate criminal liability, not automatic civil fault.

Hit and run cases have more complexities compared to your regular traffic collision case.

Identifying the Driver Proved Challenging

If the at-fault driver cannot be identified, police may investigate using witness testimony and video footage. Las Vegas has a wide-ranging camera network, although footage may be overwritten within a few days. If you act quickly, a hit and run accident lawyer in Las Vegas can help make sure this evidence is preserved.

Evidence Needed Without a Known Defendant

Evidence of a hit and run may include a vehicle description, any damage to the vehicle, security camera footage, and expert analysis. It may be important to consult a Las Vegas hit and run accident attorney.

How Insurance Companies Handle Hit and Run Claims

Insurance companies may sometimes conduct a thorough investigation of a hit and run claim and look for reasons to evaluate or dispute a claim by examining the contact, the severity of the injury, or the validity of the claim. A Las Vegas hit and run accident attorney who understands all of this well may help you in this situation.

Crash data shows that hit-and-run cases follow certain patterns. These patterns involve driver actions, road conditions, and the time when the crash occurs.

Alcohol Use or Impairment

Alcohol use is one of the most studied factors in hit-and-run crashes. Research has found that alcohol use is among the leading driver-related factors linked to an increased risk of hit-and-run in fatal pedestrian crashes.

Alcohol can affect judgment and reaction time. It can also influence a driver’s decision to leave the scene instead of stopping.

Late-Night and Early-Morning Driving

Time of day plays a role in hit-and-run crashes. Studies show that these crashes are more likely to happen in the early morning hours.

Other national data has also found that fatal hit-and-run crashes often occur late at night, especially between late evening and early morning hours.

Poor Lighting Conditions

Visibility matters in many serious crashes. The same research referenced above shows that hit-and-run crashes are more common in low-light or dark conditions.

When drivers cannot see clearly, it can increase the risk of a crash. It can also affect how drivers react after the crash.

Weekend Crash Patterns

The same study mentioned above also found that hit-and-run crashes occur more often on weekends.

Weekend driving can involve heavier traffic, different travel patterns, and more late-night activity. These factors are often present in crash data tied to hit-and-run cases.

Roadway and Traffic Conditions

Road design and traffic features can play a role in fatal crashes. Research has identified factors such as speed limits, traffic control devices, and lighting conditions as part of the pattern seen in hit-and-run crashes.

These conditions can affect how a crash happens and how a driver responds.

Driver Distraction

Distraction has also been studied in hit-and-run crashes. Research shows that non-distracted drivers are less likely to leave the scene compared to distracted drivers.

When a driver is distracted, they may be slower to react or less aware of what happened after a crash.

If you’re considering filing a lawsuit after a hit-and-run accident in Nevada, it’s helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a plaintiff to recover damages if their negligence is not greater than the defendants’ combined negligence, with recovery reduced in proportion to their share of fault.

Example: Let’s say you were in a hit-and-run accident and sue, but you are found to be 30% at fault for a crash, while the driver that ran is 70% at fault. If the total damages are $100,000, you can still recover compensation, but it would be reduced by 30%, resulting in a $70,000 recovery.

Nevada’s Statute of Limitations Law

NRS 11.190 – Requires certain actions, including personal injury and wrongful death claims, to be filed within specified time limits, including a 2-year limitation period for injuries or death caused by another.

Other Related Nevada Laws

NRS 484E.010 – Requires a driver involved in a crash resulting in injury or death to immediately stop at or near the scene and remain there until required duties are completed.

NRS 484E.030 – Requires a driver involved in a crash to provide identifying information, exhibit a license upon request, render reasonable assistance to injured persons, and report the crash to authorities if no police officer is present.

NRS 484E.070 – Requires a driver involved in a qualifying crash to submit a written or electronic report to the Department within 10 days, including required documentation, unless an exception applies.

NRS 41.085 – Allows heirs and personal representatives of a decedent to bring an action for damages and recover specified categories of damages.

NRS 483.230 – Requires a person to have a valid driver’s license of the appropriate class to operate a motor vehicle or control a towed vehicle on a highway and prohibits possession of more than one valid driver’s license.

NRS 484B.600 – Prohibits driving at a speed greater than is reasonable and proper for conditions or exceeding posted limits.

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7785 W Sahara Ave Suite 100, Las Vegas, NV 89117