Visiting Las Vegas can be an unforgettable experience, but a car accident can quickly turn your trip into a nightmare. As a tourist unfamiliar with Nevada’s laws and processes, knowing how to handle a car accident is crucial to protecting your rights and securing compensation.
Whether it’s exchanging information, gathering evidence, or understanding Nevada’s fault-based laws, here’s a guide to help you navigate the aftermath of a car accident while visiting Las Vegas.
Why Knowing Nevada Laws Matters as a Tourist
Understanding Nevada’s car accident laws is crucial if you’re visiting Las Vegas and involved in a crash. Nevada operates under a fault-based system, meaning the driver found responsible for the accident is liable for covering damages. This includes medical expenses, property damage, lost wages, and pain and suffering.
Additionally, Nevada follows a modified comparative negligence rule, which can significantly impact your compensation. Under this rule:
- You can recover damages only if you are found less than 51% at fault for the accident.
- If you are partially at fault (but below the 51% threshold), your compensation will be reduced by your percentage of fault.
For example, if you are found 20% responsible for the accident and your total damages amount to $50,000, you would receive $40,000 after a 20% deduction.
Steps to Take After a Car Accident in Las Vegas
Handling a car accident as a tourist can feel overwhelming, but following these steps can protect your rights and improve your chances of a successful claim:
Prioritize Safety
Move to a safe location, if possible, such as the side of the road or a parking lot. Check for injuries, both for yourself and anyone else involved. Nevada law requires drivers to stop and remain at the scene of an accident involving injuries or property damage.
- If the vehicles cannot be moved safely, turn on hazard lights and wait for assistance.
- Keep a safe distance from traffic and avoid standing between vehicles.
Call the Police
In Las Vegas, you must report accidents involving injury, death, or significant property damage. Calling the police ensures that an official report is made, which serves as a key piece of evidence for insurance claims and legal cases.
- The responding officer will document the accident, gather witness statements, and may issue citations if any traffic laws were violated.
- Request a copy or the report number from the officer before leaving the scene.
Exchange Information
Under Nevada law, drivers are required to exchange information after an accident. Be sure to collect the following:
- Full name and contact details
- Driver’s license number
- Insurance company and policy number
- License plate number
- Make, model, and color of the other vehicles involved
If the other driver is uncooperative or does not have insurance, inform the police and let them handle the situation.
Document the Scene
Take detailed photos and videos to preserve evidence:
- Vehicles: Capture all visible damage, license plates, and angles of the cars involved.
- The Scene: Include road conditions, traffic signs, skid marks, debris, and weather conditions.
- Injuries: Photograph any visible injuries to yourself or passengers.
Videos can be particularly helpful for capturing a full view of the scene and dynamic elements like traffic flow.
Collect Witness Statements
Witnesses can provide valuable information that supports your account of the accident.
- Ask for witnesses’ names, contact information, and a brief statement about what they saw.
- Witnesses may also be willing to provide a written or recorded statement on your phone if they consent.
Seek Medical Attention
Even if you feel fine, getting a medical evaluation as soon as possible is crucial.
- Delayed Symptoms: Injuries like whiplash, internal bleeding, and concussions may not show symptoms immediately.
- Medical Records: These serve as critical evidence for your claim by linking your injuries directly to the accident.
If you seek medical care while still in Las Vegas, keep detailed records of doctor visits, treatments, and prescriptions. Inform your primary care provider when you return home for follow-up care.
Challenges Tourists Face After a Car Accident in Las Vegas
Tourists often encounter unique obstacles when dealing with a car accident claim in Las Vegas:
Managing the Claim from Out of State
Returning home can complicate the claims process:
- You may have limited access to critical evidence, such as surveillance footage or witness follow-ups.
- Attending court hearings or mediation sessions in Nevada can be costly and time-consuming.
Insurance Disputes
Nevada’s fault-based system may differ from your home state’s insurance regulations.
- In Nevada, the at-fault driver is responsible for covering damages, which contrasts with no-fault states where your own insurance typically covers the costs.
- Insurance companies may dispute who is at fault, especially if there are conflicting witness accounts or minimal evidence.
Understanding Local Laws
Navigating Nevada’s specific legal landscape can be challenging:
- The modified comparative negligence rule means you can only recover damages if you are less than 51% at fault. If you are partially responsible, your compensation will be reduced by your percentage of fault.
- Statutes of limitations may differ from your home state, requiring timely legal action to preserve your right to compensation.
Choosing Local Legal Representation
Working with a Nevada-based car accident attorney can help you overcome these challenges. They can gather local evidence, communicate with witnesses, and negotiate with insurance companies on your behalf, even if you are handling the case from out of state.
How a Nevada Car Accident Attorney Can Help Tourists
Navigating the aftermath of a car accident in Las Vegas is challenging, especially as a tourist. A local attorney can:
- Handle communication with insurance companies.
- Guide you through Nevada’s legal process remotely.
- Ensure all deadlines and requirements are met, such as Nevada’s two-year statute of limitations for personal injury claims.
Contact Oronoz & Ericsson, LLC for Help After a Las Vegas Car Accident
If you’ve been involved in a car accident while visiting Las Vegas, don’t face the aftermath alone. The experienced attorneys at Oronoz & Ericsson, LLC can help you navigate Nevada’s legal system, gather evidence, and fight for the compensation you deserve—even if you’re handling the case from out of state.
Contact us today for a free consultation at (702) 878-2889 or fill out our online form to get started. Let us take the stress out of managing a car accident claim so you can focus on recovering.