Knowing Nevada’s car accident laws, inside and out, may be the last thing on your mind when you get into a car accident, but your knowledge of Nevada car injury laws will play a significant role in the amount of compensation you receive. The most common type of accident we handle is motor vehicle collisions and we see more car accidents every year. Working with a Las Vegas car accident attorney can significantly improve your chances of receiving fair compensation and protect your rights throughout the legal process.
Overview of Nevada Car Accident Laws
If you’ve been involved in a car accident–especially one that resulted in injuries–it’s important to understand how Nevada’s car accident laws will apply to your situation. Here’s a brief overview of Nevada’s auto accident rules.
Nevada Auto Accident Rules
Nevada auto accident rules outline the proper code of conduct should you find yourself on the business end of a collision. Basically, Nevada accident rules dictate that you act with decency. If involved in an accident, you should give aid if needed to those injured, gather driver’s license, contact, and insurance information from all drivers, and collect data about the accident from witnesses and/or by taking pictures of the accident scene. Not acting accordingly could bring jail time or hefty fines in a Nevada car accident.
Nevada Traffic Collision Regulations
Regulations are considered more formal than rules and often dictate a specific course of action. If you are driving in Nevada, it’s essential that you understand the basic regulations governing auto accidents. In Nevada, you have the duty to:
- Stop at the scene. Nevada traffic collision regulations state that “the driver of any vehicle involved in a crash on a highway resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the crash and shall remain at the scene of the crash until the drivers have completed the following tasks (failure to comply can result in a category B felony, possible jail time, and a hefty fine.)
- Move your car out of traffic. If it’s safe to do so, Nevada regulations require you to move your car to the side of the road or out of traffic while remaining close to the scene of the crash.
- Render aid. When an accident occurs, you should first check to make sure everyone is okay, and if anyone is injured, seek medical attention as soon as possible.
- Give and collect information. Drivers should exchange contact and insurance information. Exchange names, contact information, driver’s license numbers, and insurance information. You’ll also want to get any witnesses’ names and contact information. Take pictures of the accident with your smartphone. Be sure to get photos of the vehicles, the accident scene, and your injuries.
- Report an accident if no police officer is present. Report the accident to the authorities. If a police officer was not called to the accident site, Nevada law requires you to report the accident to the closest police station. All crashes resulting in injuries, death, or property damage totaling more than $750 must be reported to the DMV. If a police officer does not investigate the incident, all involved parties must file reports with the DMV within ten days of the accident. You may be guilty of a misdemeanor if you ignore this rule.
Legal Processes and Compensation In Nevada Car Crashes
If you’ve been in an accident in Nevada, being familiar with the legal process of how car accident compensation works in Nevada will improve your chances of receiving fair compensation and protect your rights during the car accident claim process.
Car Accident Compensation in Nevada
Comparative Negligence
Nevada uses the term “comparative negligence” to determine fault. This means that if you have suffered losses in a car accident, you can recover damages as long as someone else was at least 51 percent responsible for the crash. In a multi-vehicle accident, it is not uncommon for more than one driver to share the responsibility of fault. The next step would be to determine how damages are divided according to each person’s portion of blame.
The comparative negligence rule significantly affects how insurance companies process accident claims. Insurance adjusters will work diligently to reduce the cost of awarded damages by pushing the blame onto the other party. This is why working with a Las Vegas car accident lawyer who can give you legal advice is so helpful. They can safeguard your rights and make sure the insurance company processes your claim fairly.
Statute of Limitations
Nevada’s statute of limitations states that you have two years from the accident date to file a personal injury lawsuit. If you wait too long to file your lawsuit, you could be barred from seeking compensation for your losses. Do not wait! Consult with an attorney as soon as possible to discuss your case.
Nevada Auto Insurance Statutes
Nevada requires its residents to have, at minimum, the following car insurance coverages:
- $25,000 for bodily injury to or death of one person in a crash
- $50,000 for bodily injury to or death of more than one person in a single crash
- $20,000 in property damage liability coverage
Nevada Car Accident Claim Process
If you’ve been involved in an accident, follow this 5-step process to report your claim efficiently:
- Call 911
Regardless of the accident’s size, Nevada law states that you must stop your vehicle and call the police. You are also required by law to aid others injured in the crash until the police or ambulance arrives. If the car is safe to drive, and you are physically well enough to do so, you must move your vehicle out of traffic.
- Do NOT admit fault.
If you are judged or admitted to being 51% or more at fault, you will be unable to recover damages. This doesn’t mean you shouldn’t answer police questions, such as how fast you were driving, but don’t admit fault.
- Collect evidence
Use your phone to take pictures and videos of all cars involved, the other driver, and any witnesses, and try to record any statements if you can. Then, make sure to get their contact and insurance information. Take photos of license plates and driver’s licenses. Document the road conditions and weather. Also, avoid posting details about the accident on social media—this could harm your case.
- Your attorney will notify the insurance company.
If you are hurt, your car accident injury attorney will contact the insurance company for you. We believe it’s in your best interest to have your attorney do this for you because the at-fault insurance company can take advantage of this contact point to get you to make a recorded statement or push you to accept a settlement. In Nevada, you have two years to file an insurance claim to be eligible to receive compensation for your losses.
- Let your lawyer handle any communication with the other driver’s insurance company.
Not only will this be less stressful for you, but it can also help your case. A skilled car accident attorney who is familiar with Nevada law will know how to present evidence that will increase the likelihood of a favorable outcome.
Understanding Fault and Legal Implications In Nevada
Because Nevada uses comparative negligence to determine fault, it’s important that you understand the laws, rules, and regulations that govern car accidents.
Nevada Car Injury Laws
There are some weighty legal ramifications for not understanding Nevada car injury laws. For example, Nevada has a two-year statute of limitations, so if you wait too long to file a claim, you could lose your right to fair compensation. Similarly, fleeing the scene of an accident can result in criminal charges, like a category B felony, possible jail time (from a minimum of 2 years to a maximum of 15 years), and a hefty fine of anywhere between $2,000-$5,000.
How do Nevada’s laws affect fault in a car accident?
Nevada uses “comparative negligence” to determine fault. In other words, Nevada is considered a no-fault state. In a no-fault state, it’s of utmost importance to determine fault. Because Nevada follows a comparative negligence rule (sometimes called the 51% Rule), any person who seeks to collect damages must be less than 51% at fault.
Therefore, the first thing everyone does after an accident has occurred is try to determine who was at fault—or who was liable for the crash. Sometimes, there’s more than one person who shares fault. In a no-fault state, determining fault will largely determine the compensation you can receive for damages.
To safeguard your rights, do not say you are uninjured and do not admit fault. These actions can be used to deny your insurance claim later. Determining fault can be tricky, yet it’s key to determining how much you receive in compensation. It’s always a good idea to consult with a professional. A skilled accident lawyer, like Hale Injury Law, will often offer a free consultation and help you determine the next steps.
Nevada Car Accident Statutory Requirements and Limitations
If you are involved in a car accident, you have two years from the accident date to file a personal injury lawsuit. If you don’t file within that time frame, the court could refuse to hear your case, and potential compensation could be lost.
It’s critical that you do not wait! Consult with an attorney as soon as possible to discuss your case.
FAQs on Nevada Car Accident Laws
What Should I Do Immediately After a Car Accident in Nevada?
As a Nevada resident, you have the duty to do the following right after an accident:
Stop at the scene, render aid, give and collect contact and insurance information from both drivers and witnesses, report the accident to the police and DMV (if damages/injuries are over $750), and consult with an accident attorney to determine consultation regarding compensation.
How is Fault Determined in Nevada Car Accidents?
Nevada uses the term “comparative negligence” to determine fault. This means that fault is assigned based on the degree of responsibility. Insurance companies and lawyers will look at policy reports, photos of the scene, and statements made by drivers and eyewitnesses to determine fault.
What Types of Damages Can I Recover in a Nevada Car Accident Case?
You can receive compensation for pain and suffering, medical expenses, reduced quality of life, property damage, loss of wages, punitive damages, and wrongful death.
Are There Special Rules for Commercial Vehicle Accidents in Nevada?
Yes. Joint and several liability is a unique law that applies to commercial vehicle accidents. It’s a legal concept that determines who pays for what in a case where multiple parties contribute to someone’s personal injury. In some cases, if you can prove 1% liability in a multi-vehicle accident, you can use that to collect damages from the trucker’s owners.
What Should I Know About Dealing with Insurance Companies After a Nevada Car Accident?
We recommend not communicating with insurance companies. You may receive a phone call or a letter from the other driver’s insurance company offering a settlement. Do not reply. If you intend to file a claim, we strongly encourage you to contact a car injury lawyer to handle all communication between insurance companies.
How Can a Lawyer Help with My Car Accident Claim in Nevada?
A skilled car accident attorney familiar with Nevada law will know how to present evidence to increase the likelihood of a favorable outcome.
Trust Hale Injury Law—The Right Lawyer Can Make A Big Difference
Taking the first step towards justice and compensation can be difficult and stressful. Most people find conflict uncomfortable, especially when the responsibility of collecting evidence, knowing the right thing to say, and presenting your case falls squarely on your shoulders. It becomes particularly difficult if you are also struggling with loss. Those are big burdens to bear, but a trusted legal partner can make all the difference in how you feel while navigating the process as well as the financial outcome.
If you’ve been in an accident, don’t wait! Reach out to Hale Injury Law for a free consultation. As our client, you can rest easy knowing that your case is in the knowledgeable and reliable hands of one of the best Nevada car accident/crash attorneys in Las Vegas. We are 100 percent dedicated to helping our clients recover from physical, emotional, and financial duress due to an auto accident injury.
Fill out our contact form today, and a member of our staff will reach out to schedule your free consultation.