As top Las Vegas car accident and Las Vegas personal injury attorneys, we often come across many questions and clients that have issues regarding traffic tickets and what to do following an accident. If you have a driver’s license in the state of Nevada, you are legally obligated to adhere to the rules and regulations of the road. After an automobile accident, you are required to remain present at the accident until released by law enforcement or until you have exchanged information with the other driver. If you choose to leave the scene of the accident, you could face the harsh penalties of a hit and run incident – even if the collision was not your fault.
Nevada law imposes a legal obligation after each car accident in Las Vegas. Everyone involved in a collision in Nevada has a duty to exchange information, render aid and maybe file an accident report. If you flee the scene of an accident that caused only property damage, you may face misdemeanor charges. But if you flee from an accident after hitting a pedestrian who suffered an injury or death, you can be charged with a felony.
The Duty to Render Aid
Under NRS 484E.030, all drivers in a collision have a legal duty to render reasonably aid – such as calling 911, helping a victim from their vehicle, etc. Any time an accident occurs that results in injury, property damage or death, a Nevada driver is required to stop and exchange the following information:
- Vehicle registration information
- Driver’s license information
Drivers are also required to provide this information to police officers investigating the scene. Neglecting to do any of this could result in a misdemeanor or felony charge, depending on if there were injuries present at the accident.
Misdemeanor Hit & Run — Involving property damage
Fleeing after a car accident that results in only property damage is a misdemeanor under NRS 484E.020. The shortened legal definition of misdemeanor “hit and run” in Nevada states that, “The driver in an accident resulting only in damage shall stop and move the vehicle to a location that does not obstruct traffic and remain at the scene until the driver has exchanged information.“
If you ever hit an unattended vehicle or other property with your car in Nevada, then you have a duty to stop and try to find the owner or else leave a written note with your name and address if you cannot. You also have a duty to inform the police department about the accident, but if you cannot because you are incapacitated, then the responsibility to contact the authorities shifts to any other able-bodied occupant in the car. (NRS 484E.040; NRS 484E.050)
Penalties for leaving the scene of a car accident in Las Vegas that caused only property damage include:
- up to six months in jail, and/or
- a fine of up to $1,000, and
- six (6) demerit points to your license.
Felony Hit & Run — Involving death or bodily injury
Fleeing after a car accident that results in bodily injury or death is a category B felony according to NRS 484E.010. The legal definition of felony “hit and run” in Nevada [rpvodes, “The driver of any vehicle involved in an accident resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the accident and exchange information and render aid.“
Penalties for leaving the scene of a car accident in Las Vegas that caused death or injury to a third party include:
- two to twenty years in prison, and
- a fine of $2,000 to $5,000, and
- possible license suspension or revocation.
This crime is not probationable.
Duty to File an Accident Report
In accordance with NRS 484E.030, NRS 484E.070, and NRS 484E.080, Nevada police need to be notified about any car accident that results in either:
- bodily injury, or
- property damage of $750 or more.
If a policeman arrives at the scene of your car accident to investigate and then files a valid accident report with the authorities in Nevada, then you do not have to file a report as well. Otherwise, you have ten (10) days from the date of the accident to inform law enforcement of the following information:
- an estimate of repairs or statement of loss (from an insurance adjuster, licensed appraiser or established repair garage)
- name and address of the insurance company providing coverage to each person in the accident
- the number of each insurance policy
- the dates when the insurance coverage begins and ends
If a car accident in Nevada leaves the driver physically incapable of making a report, he/she does not have to file one until he/she regains capacity. And if the driver is different from the car’s owner and the driver is incapacitated, then the owner is required to file the report within ten (10) days after becoming aware of the accident.
Failing to file or falsify a Police report
Anyone who willfully refuses or neglects to file an accident report faces license suspension for a year in Las Vegas. However, the Nevada DMV will reinstate the license upon receipt of either:
- the accident report, or
- evidence that the failure to file was not willful.
But if you are charged with filing a false accident report in Nevada, you face gross misdemeanor charges carrying a sentence of up to 364 days in jail and/or up to $2,000 in fines.
Call us for help . . .
Have you been arrested or charged with violating “hit and run” laws in Nevada? Then contact our Las Vegas personal injury lawyers and Las Vegas car accident lawyers at Steve Dixon Law aka Rise Legal at (702) 329-4911 for a free meeting to discuss your case and how we can fight the charges.