A hit-and-run accident occurs when a driver crashes into another vehicle, pedestrian, or property and leaves the scene without providing their contact or insurance information. It’s a serious offense in Las Vegas and the rest of Nevada. In these accidents, the at-fault driver is often trying to avoid responsibility, but the consequences for them can be severe.
Common Scenarios Involving Hit-and-Run Accidents
Hit-and-run accidents can happen in many ways. Here are a few common scenarios:
- Driver hitting a parked car: The at-fault driver may accidentally hit a parked vehicle and drive off.
- Pedestrian accidents: A driver hits a pedestrian and flees the scene to avoid legal consequences.
- Collisions at intersections: A car runs a red light or fails to yield, causing a crash, and then drives away.
- Bicyclist accidents: A motorist strikes a bicyclist and leaves without stopping to offer help or exchange information.
In any of these cases, the victim is left to deal with the aftermath, and it can feel overwhelming when the responsible party isn’t around to hold accountable.
Legal Implications of a Hit-and-Run Accident
Criminal Consequences for the At-Fault Driver
In Nevada, hit-and-run accidents are considered criminal offenses. If the driver is caught, they can face severe criminal penalties, including:
- Fines
- License suspension
- Jail time
The severity of the punishment often depends on the extent of the damage caused by the accident, such as injuries or fatalities. If the driver’s actions lead to someone getting hurt, they could face felony charges, which carry much harsher consequences.
Civil Liabilities and the Victim’s Rights
Even though the at-fault driver might not be immediately found, victims of hit-and-run accidents still have the right to seek compensation. This is where civil liability comes into play. As a victim, you can pursue damages for:
- Medical bills: This includes immediate treatment and future medical expenses.
- Lost wages: If you can’t work because of your injuries, you may be entitled to compensation for lost income.
- Pain and suffering: Emotional distress or physical pain resulting from the accident can also be compensated.
If the responsible driver is found, they can be held financially accountable. If not, your own insurance or uninsured motorist coverage might step in to help.
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Steps to Take Immediately After a Hit-and-Run Accident
Gather Evidence at the Scene
If you’re involved in a hit-and-run accident, collecting evidence is crucial. Even though the driver fled, there are still ways to strengthen your case. Here’s what you can do:
- Take photos: Capture images of the damage to your vehicle and the surrounding area. This can help later when dealing with insurance companies.
- Look for witnesses: If anyone saw the accident, ask for their contact details. Eyewitnesses can provide valuable testimony to support your claim.
- Note the vehicle’s details: Try to remember key details about the car that hit you—like the make, model, color, or any part of the license plate you might have seen.
If you’re able to do so safely, collecting as much information as possible will be beneficial in the long run.
Report the Accident to Authorities
Contacting law enforcement is essential. Here’s why:
- Filing a police report: The police will create an official record of the accident, which will be important for insurance claims and potential legal action.
- Investigation: Officers will look for evidence of the fleeing driver and work to track them down.
- Legal requirements: In Nevada, you are legally required to report a hit-and-run accident to the police. Failure to do so could hurt your case.
Make sure to provide the police with all the details you can remember, including descriptions of the accident and the vehicle involved.
Seek Medical Attention, Even if Injuries Are Not Immediately Apparent
Sometimes, injuries from a hit-and-run accident aren’t obvious right away. For example:
- Whiplash: This common injury might not show symptoms immediately but can cause lasting pain.
- Internal injuries: Damage to organs or muscles may take time to manifest.
- Emotional distress: The trauma of a hit-and-run can also affect your mental health, causing anxiety or PTSD.
Even if you feel fine, it’s always wise to get checked by a healthcare professional. A doctor can spot injuries that might worsen over time, and medical records will also help support your insurance and legal claims.
Insurance Considerations for Hit-and-Run Accidents
How Uninsured/Underinsured Motorist Coverage Works
If the hit-and-run driver isn’t caught, your own insurance may help cover the costs. This is where uninsured/underinsured motorist (UM/UIM) coverage becomes vital.
- Uninsured motorist coverage: This type of insurance helps pay for your medical expenses, car repairs, and other damages if the at-fault driver doesn’t have insurance.
- Underinsured motorist coverage: If the driver’s insurance isn’t enough to cover the damages, your underinsured coverage can make up the difference.
If you don’t have UM/UIM coverage, it can be harder to get compensated for your losses after a hit-and-run.
The Importance of Filing a Claim with Your Insurance Provider
Even if the at-fault driver is unknown, you must file a claim with your insurance company. Here’s why:
- Start the process early: The sooner you file, the sooner your insurance can investigate and start working on your claim.
- Documentation: Filing a claim helps establish a timeline of events and ensures that your medical bills and car repairs are covered.
- Cooperate with your insurer: Be prepared to provide all evidence you’ve gathered, like photos, witness statements, and the police report.
It’s important to be proactive with your insurance provider to avoid delays in getting the compensation you deserve.
Why You Should Consider Hiring a Personal Injury Attorney
Expertise in Handling Hit-and-Run Cases
Dealing with a hit-and-run accident can be complicated. It’s not just about finding the responsible driver—it’s about navigating the legal and insurance systems to get the compensation you deserve. Here’s how a personal injury attorney can help:
- Experience with similar cases: Attorneys have handled many hit-and-run accidents. They understand the laws and the procedures that are involved.
- Understanding insurance tactics: Insurance companies often try to minimize payouts. A lawyer knows how to push back and negotiate for a fair settlement.
- Legal advice and guidance: They can explain your rights and options, ensuring you make informed decisions at every step.
A personal injury attorney’s expertise can help ensure you don’t make costly mistakes during the process.
Helping to Gather Evidence and Identify the Responsible Party
Even if the hit-and-run driver hasn’t been caught yet, an attorney can help identify them. Here’s how:
- Investigation: A lawyer has resources to conduct a thorough investigation. They can work with private investigators or law enforcement to track down the responsible driver.
- Collecting evidence: Attorneys know what evidence will be helpful for your case, such as surveillance footage, witness statements, or expert testimonies.
- Strengthening your claim: With the right evidence, your chances of getting compensation increase dramatically.
If the responsible driver isn’t found, your attorney can also help you pursue a claim through your insurance.
Negotiating with Insurance Companies for Fair Compensation
Insurance companies don’t always act in the best interest of their policyholders. They are focused on paying out as little as possible. A personal injury attorney can help by:
- Handling communication: You won’t have to worry about dealing with aggressive insurance adjusters.
- Ensuring fair compensation: Your attorney will make sure that your medical bills, lost wages, and other damages are fully covered.
- Dealing with delays: Insurance companies often delay claims to wear you down. A lawyer can speed up the process and ensure you’re treated fairly.
Having an attorney on your side helps protect your financial and legal interests during this stressful time.
When to Hire a Personal Injury Attorney
If You Can’t Identify the At-Fault Driver
In some hit-and-run accidents, the at-fault driver may not be identified right away, or at all. If the driver fled the scene and you don’t have their license plate or any other identifying information, it can be a challenge to seek justice. Here’s when an attorney becomes essential:
- Investigative support: A lawyer can help gather evidence that might be missed, such as traffic camera footage or witness statements.
- Filing an insurance claim: Even without identifying the driver, your attorney can help you file an uninsured motorist claim.
- Legal assistance: If the case goes to court, an attorney will be able to present a compelling case based on the evidence available.
An attorney’s ability to investigate and uncover important details can make a difference in these difficult cases.
If You Suffer Severe Injuries or Long-Term Consequences
In some hit-and-run accidents, victims suffer severe injuries that have long-lasting effects. If you’re dealing with any of the following, you should consider hiring an attorney:
- Severe physical injuries: Broken bones, brain injuries, or spinal cord damage that require long-term care.
- Long-term rehabilitation: If your injury leads to ongoing therapy or loss of mobility, you may need compensation for future medical bills.
- Chronic pain or disability: Injuries that don’t heal properly and affect your quality of life.
In cases like these, it’s critical to ensure that you receive compensation for both immediate and future needs, and an attorney can help secure the financial support you deserve.
If You Face Challenges with Your Insurance Claim
If your insurance company is dragging their feet or trying to deny your claim, it might be time to seek legal help. An attorney can assist if:
- Your claim is denied: Insurance companies often deny valid claims, especially in hit-and-run accidents.
- You receive an unfair settlement offer: If the offer is much lower than your actual medical expenses and damages, a lawyer can negotiate for a better payout.
- You don’t have uninsured motorist coverage: If your insurance doesn’t cover the hit-and-run, an attorney can help you explore other options, including legal action.
Having an attorney will ensure your insurance company does not take advantage of your situation.
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What to Expect from Your Personal Injury Attorney
How an Attorney Investigates Your Case
When you hire a personal injury attorney, their first job is to investigate your case thoroughly. Here’s what they’ll do:
- Gathering evidence: Your attorney will collect photos, police reports, witness statements, and any other evidence that can help your case.
- Working with experts: They may consult with accident reconstruction specialists or medical professionals to strengthen your case.
- Tracking down the responsible party: If the hit-and-run driver hasn’t been found, the attorney will try to uncover details that could lead to their identification.
- Reviewing insurance policies: Your attorney will look into your insurance and the at-fault driver’s insurance to ensure everything is covered.
This process may take some time, but it’s essential to build a strong case that ensures you get the compensation you deserve.
The Legal Process: From Filing a Claim to Settling
Once your attorney has gathered the necessary information, they’ll file a claim on your behalf. Here’s what you can expect in the legal process:
- Filing the claim: The attorney will submit your claim to the responsible party’s insurance or, if the driver is unknown, your own insurer.
- Negotiations: Your lawyer will negotiate with the insurance company for a fair settlement. They’ll ensure that you’re not lowballed and that your needs are fully covered.
- Settlement offer: The insurance company may offer a settlement. If it’s reasonable, your attorney will advise you to accept it.
- Filing a lawsuit: If the insurance company refuses to offer a fair settlement, your attorney may file a lawsuit to get a better outcome.
- Trial (if necessary): If the case goes to trial, your attorney will represent you in court and argue your case to a judge or jury.
Most hit-and-run cases settle before going to trial, but your attorney will be prepared for every step of the process.
Understanding Potential Compensation: Medical Bills, Lost Wages, and Pain & Suffering
When you work with a personal injury attorney, they will help you understand what types of compensation you might be entitled to. Here’s a breakdown of the possible damages:
- Medical bills: You can seek compensation for all medical costs related to the accident, including emergency treatment, surgeries, rehab, and future medical expenses.
- Lost wages: If the accident prevents you from working, you may be able to recover the income you’ve lost during your recovery. This includes wages, commissions, or bonuses.
- Pain and suffering: Compensation for the physical pain, emotional distress, and loss of quality of life that the accident caused you.
- Property damage: If your car or other personal property was damaged in the accident, your attorney will help you recover those costs as well.
Your attorney will work to ensure that all aspects of your damages are taken into account and fairly compensated.
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Breaking It All Down
Dealing with the aftermath of a hit-and-run accident can be overwhelming. The stress of dealing with insurance companies, tracking down the responsible driver, and coping with injuries can take a toll on your well-being. Hiring a personal injury attorney can relieve that burden and ensure that you receive the compensation you deserve.
An attorney brings expertise, knowledge, and resources to your case, increasing the likelihood of a favorable outcome. Whether you’re dealing with severe injuries, emotional distress, or insurance challenges, having a legal professional by your side makes a big difference.
Contacting a Personal Injury Attorney in Las Vegas for Guidance
If you’ve been involved in a hit-and-run accident in Las Vegas, don’t hesitate to contact a personal injury attorney. They can guide you through the process, help you understand your rights, and fight for the compensation you need to recover and move forward.
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Frequently Asked Questions
What should I do if I don’t remember details about the car that hit me?
If you can’t remember details about the car, don’t worry—an attorney can still help. They can work with law enforcement and investigators to gather evidence like surveillance footage, witness testimonies, or forensic data from the scene that might reveal details about the vehicle.
Can I still file a claim if the driver is never found?
Yes, you can still file a claim if the driver is never found. Your own insurance, specifically your uninsured motorist coverage, may help cover medical costs, property damage, and other damages, even if the at-fault driver is unidentified.
How much does it cost to hire a personal injury attorney?
Yes, you can still file a claim if the driver is never found. Your own insurance, specifically your uninsured motorist coverage, may help cover medical costs, property damage, and other damages, even if the at-fault driver is unidentified.
How long will my hit-and-run case take to resolve?
The time it takes to resolve a hit-and-run case can vary. If a settlement is reached quickly, the process might take a few months. If the case goes to trial, it could take longer. Your attorney will be able to provide an estimate based on the specifics of your case.
What if the hit-and-run accident caused emotional trauma or mental health issues?
Emotional distress and mental health issues resulting from a hit-and-run accident can be compensated. An attorney can help you include damages for emotional trauma, PTSD, anxiety, depression, or any other psychological effects in your claim.
What if the hit-and-run driver only caused minor damage to my car?
Even if the damage to your vehicle is minor, it’s still important to seek legal advice. A personal injury attorney can help you navigate insurance claims and ensure you receive compensation for repairs, medical bills, and any potential pain and suffering.
Can I pursue a case if the police can’t find the hit-and-run driver?
Yes, even if the police cannot find the driver, you can still pursue compensation through your insurance policy, particularly if you have uninsured motorist coverage. An attorney will help you explore all possible avenues for compensation.
Do I need a police report to file a claim?
While a police report is not always required to file a claim, having one makes the process much smoother. It provides an official record of the incident, which is essential for both insurance claims and any legal proceedings that may follow.
What if the other driver doesn’t have insurance?
If the hit-and-run driver is uninsured, you may still be able to recover damages through your own uninsured motorist coverage. If you don’t have this coverage, an attorney can help you explore other options, including seeking compensation through a lawsuit.
How can I find a good personal injury attorney for my hit-and-run case?
Start by researching personal injury attorneys in Las Vegas who specialize in hit-and-run accidents. Look for attorneys with experience in handling similar cases and check online reviews, testimonials, or referrals. It’s important to choose someone who you feel comfortable working with and who understands the complexities of your situation.
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Additional Resources for You from The Rosenblum Allen Law Firm.
If you’re dealing with a no-fault claim, you may also need legal help for related issues. Here are some valuable resources that can guide you through different personal injury cases:
Las Vegas Personal Injury Attorney – Learn more about how our experienced attorneys handle all types of personal injury cases, ensuring you receive the compensation you deserve.
Las Vegas Car Accident Attorney – If you’ve been injured in a car accident, this resource covers your legal options and how to protect your rights in an at-fault system.
Motorcycle Accident Lawyer Las Vegas – Motorcycle accidents often result in serious injuries. Find out how our legal team can help you recover damages.
Wrongful Death Lawyer Las Vegas – If you’ve lost a loved one due to someone else’s negligence, our wrongful death attorneys can help you seek justice and compensation.
Truck Accident Attorney Las Vegas – Accidents involving large trucks can be complex. Learn how our attorneys handle these cases to ensure fair settlements.
Las Vegas Drunk Driving Accident Attorney – Drunk driving accidents can be devastating. This resource explains your legal rights and how to hold the responsible party accountable.
Need personalized legal guidance? Contact our team at The Rosenblum Allen Law Firm for a free consultation today. We’re here to help!
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Offsite Resources for You
National Highway Traffic Safety Administration (NHTSA): https://www.nhtsa.gov
NHTSA offers valuable information on road safety, accident prevention, and how to handle the aftermath of a traffic incident.
American Bar Association (ABA): https://www.americanbar.org
The ABA provides resources on personal injury law, legal rights, and finding attorneys who can assist with your case.
Nevada Department of Motor Vehicles (DMV): https://www.dmvnv.com
The DMV provides important information regarding reporting accidents, understanding traffic laws, and dealing with driver’s insurance.
Insurance Information Institute (III): https://www.iii.org
III offers clear and helpful resources about insurance, including what to do after an accident and how uninsured motorist coverage works.
AAA (American Automobile Association): https://www.aaa.com
AAA provides information on car accidents, insurance claims, and driver safety, helping you understand how to deal with insurance companies after a crash.
Mothers Against Drunk Driving (MADD): https://www.madd.org
MADD provides support and resources for those affected by car accidents, including information on hit-and-run cases, especially those involving impaired drivers.
FindLaw: https://www.findlaw.com
FindLaw offers free articles and resources on personal injury law, including how to handle a hit-and-run accident and what legal actions to take.
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A Special Message from Our Lead Attorney, Molly Rosenblum Allen, Esq
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Thank you for taking the time to read through these resources. I hope they’ve provided some helpful guidance as you navigate the aftermath of a hit-and-run accident. If you’re ready to take the next step and get the ball rolling on your situation, please don’t hesitate to call me and my team at (702) 433-2889. We’re here to help you every step of the way.