When you suffer debilitating injuries in a Nevada car accident, you may feel confused, overwhelmed, and unsure of what to do next. As you fight to hold the liable party accountable and recover the compensation you deserve, multiple laws could influence the outcome of your case.
With that in mind, here are eight of the most important things you should know about car accident laws in Nevada:
1. You Have an Obligation to Stop & Render Aid
Under NRS 41.500, bystanders must give emergency assistance to those in need without risking civil liability. You should also remain at the scene or return as close as you can to the scene of the accident.
2. You Can Be Charged with a Hit & Run if You Don’t Stop
Under Nevada law, individuals who do not stop after a car accident could be charged criminally. You could face hit-and-run charges, which are considered a Class B felony. If convicted, you be ordered to pay fines as high as $5,000 and spend up to 20 years in a Nevada state prison.
3. You Must Report Your Accident to the Police
According to Nevada state traffic laws, you must report your car accident if anyone is injured or killed. You can notify the local police or the Nevada Highway Patrol (NHP).
Alternatively, suppose a law enforcement officer is at the scene, or you cannot contact the Nevada Highway Patrol. In that case, you are not obligated to report your accident immediately after the crash. If the car accident did not cause injuries and resulted in less than $750 worth of property damages, police are not required to be called to the accident scene.
4. You Can Also Report Your Accident to the DMV
You may be required to submit a Nevada Department of Motor Vehicle Traffic Accident Report, also known as form SR–1, within ten days of the collision. This may be necessary if:
- There were more than $750 in personal property or vehicle damages
- Any of the involved parties were seriously injured or killed
Traffic accident reports do not need to be filed if police have already submitted an accident report that includes your personal insurance and contact information. When you are wondering whether a police report has been submitted, it may be in your best interests to submit a traffic accident report to the Nevada DMV to protect yourself.
If you intentionally do not file a traffic accident report as required by law, you will face an immediate one-year license suspension. You could be charged criminally if you are accused of giving false information in a traffic accident report. This is considered a gross misdemeanor in Nevada, punishable by up to $2,000 in fines and as much as 364 days in county jail.
5. Nevada Has Comparative Negligence Laws
When you are accused of sharing liability for your injuries, it could have a devastating impact on the outcome of your case since Nevada follows modified comparative negligence laws. Here, you can still recover compensation for your damages if your liability is not greater than 50%.
If your percentage of fault reaches 50% or more, you may be prohibited from pursuing your civil claim. However, if your portion of the liability is less than 50%, you can expect your car accident settlement to be reduced by your percentage of liability.
For example, if you were not wearing your seatbelt when a distracted driver hit you, the judge may decide you are 10% responsible for causing your injuries. If the jury awarded you $100,000 for damages, your settlement would be reduced by 10%. This would leave you with a final car accident payout of $90,000.
6. You Have Limited Time to File Your Claim
The statute of limitations is a time limit that requires you to file your car accident claim before a specific deadline. You have up to two years from the accident date in Nevada to file your claim. However, if there were no injuries and only property damages, you might have up to three years to file a lawsuit after the collision.
If you lost a loved one in a fatal car accident, the statute of limitations for wrongful death claims is two years from the date of the decedent’s death. If you file a claim with the insurance company, time may be limited even further, as many insurers require claims to be filed within 30 days of the crash.
7. Nevada Is an At-Fault State for Car Accidents
When you are involved in a car accident in Nevada, one of the top ways to recover compensation for your damages is by filing a claim with the insurance company. Since Nevada operates under a fault-based system, the driver at fault for your accident is responsible for your injuries.
Do not be surprised if the insurance company pushes back when you file a claim. They lose money by settling and will go to great lengths to reduce their financial obligation wherever possible.
Get Help from a Nevada Car Accident Attorney Today
The rules and regulations surrounding car accident lawsuits and insurance claims can be overwhelming. It helps to have a knowledgeable and dedicated Nevada car accident attorney on your side to ensure the liable party is fully held accountable.
Learn more about how much your claim could be worth and which laws could impact your compensation when you contact Oronoz & Ericcson, LLC for a free, no-obligation consultation. You can reach us through our convenient contact form or by phone at (702) 935-1762 to get started on your case as soon as today.