A collision involving a reckless driver is terrifying and unnerving, but it is further exacerbated when the driver does not stop to help you or provide their information. If you’ve been the victim of a hit and run accident, then you need an ally to help recover your damages. A hit and run accident lawyer in Summerlin can advocate for you and help you determine what options are available to you.
These are challenging cases to resolve and recover damages from, but our Summerlin car accident lawyer from H&P Law can provide you with the resources you need to fight back. Our team has over 60 years of combined experience and is equipped to help you find and hold the at-fault party accountable and negotiate compensation for your losses.
Types of Hit and Run Accidents That Can Occur Throughout Summerlin
Hit and run accidents can take many forms and affect multiple parties who share the road or are in close proximity to it. Hit and run accidents between two vehicles commonly come to mind when thinking about these crashes. A hit and run driver may collide with another vehicle due to distraction, speeding, alcohol impairment, fatigue, and more. Driving away from a collision without stopping is illegal.
Additionally, hit and run accidents can occur when drivers hit pedestrians. Bicyclists can also be victims of hit and run accidents throughout Summerlin. Pedestrians and cyclists are both exceptionally vulnerable to injuries and can suffer severe harm when hit by a car.
In hit and run accidents, at-fault drivers may panic, be uninsured, or be trying to avoid police. Whatever the reason, leaving the scene of an accident is illegal and can leave injured victims in a very difficult position.
What You Do After a Hit and Run Accident Matters
Victims of a hit and run accident benefit most when they can file a claim for their losses against the driver who caused the accident. That is why it is so important for you to take action after an accident to get the evidence you need to support your claim.
It’s important to know what to do after a hit and run accident to protect the outcome of your claim. As such, you should take the following steps:
- Call 911 and report what happened. The dispatcher can immediately dispatch police to the area to seek out the driver. Any description you give can be helpful. You can follow up with the police in the days following the accident to determine if they found the at-fault driver and learn of any evidence they may have.
- Pay attention to detail. The more details you can remember about the accident, the better chances the police will have of finding the driver. Vehicle color, make, and/or model, license plate number, and any other distinguishing features should be relayed to law enforcement as soon as possible.
- Wait at the scene of the incident for police to arrive to document the case. While there, take photos of anything available to you, such as damage to your vehicle, roadway debris, and mailboxes near the road. These areas have potential evidence on them from the other driver.
- If there are witnesses, take the time to speak to them. Ask them kindly to provide their contact information so that you can reach out to them later if there is a need to do so.
- Get medical care. Never assume you are fine or that you have minor injuries after an accident, as many may be delayed or hidden. Go to the hospital for a full workup. This will document your injuries and help you start the healing process.
- Document everything. After an accident, you should keep all of your medical records, vehicle repair estimates, police report copies, and journals documenting your suffering. This is essential for showing your losses and recovering compensation.
- Contact your insurance company. In a hit and run accident, you will also need to alert your insurance company to what happened. Do not file a claim just yet, but alert them to the incident.
After you leave the scene of the accident, you should call your Summerlin hit and run accident attorney right away to start working on your case. They can help you understand what to expect as you move forward with this process, and can use their resources to help you secure a better outcome. With their knowledge and experience, your Summerlin personal injury lawyer can also help reduce your stress throughout the claim process.
Understanding Nevada’s Hit and Run Laws
Nevada law provides very specific instructions about what is expected of individuals after an accident. According to NRS Chapter 484E, all motorists have a duty to stop after an accident to check on the other motorist’s safety and exchange insurance information. If a collision occurs with an unattended vehicle, drivers are still required to stop and attempt to notify the vehicle owner and report the crash.
Nevada law accounts for these varying situations and provides explicit instructions for each scenario, whether it involves injury, death, or property damage. It also places a great deal of responsibility on the shoulders of the driver responsible for the collision to do right by the person affected by the consequences of the offending driver after an accident.
Failure to stop after an accident can result in a misdemeanor or felony offense, depending on the type of accident and the damage that was inflicted. This means that offenders can face jail or prison time, along with steep fines. Nevada takes these rules seriously and punishes hit and run accidents accordingly. Victims have the right to try to find the party responsible and hold them accountable for their actions.
Determining How to Recover Damages After a Hit and Run Accident
One of the most challenging aspects for victims of hit and run accidents is knowing who is at fault. Most of the time, your description and other statements will help police track down who did this to you. In that situation, you can then file a claim for your losses against that party’s insurance policy.
There may be times when police can’t locate the person responsible for the accident, or it takes too long to find them. In those situations, you still have the right to compensation, but you may need to file a claim with your own insurance company to get it. There are limitations to this process as well.
The complexities related to a hit and run accident, even when the driver is found, make it essential to turn to an experienced attorney who can guide you. With decades of experience fighting for victims, our Summerlin personal injury lawyer at H&P Law is ready to support you as you pursue compensation. Do not settle your case until you speak to our attorney about your rights.
Collecting Compensation After a Hit and Run Accident Can Be Challenging
Without the availability of the at-fault party, victims may face many challenges recovering compensation for their losses. Trying to locate the other driver can take time, but this also eats away at the time allotted by Nevada’s two–year statute of limitations (NRS 11.190) for injury or three–year limitation period of property damage. Even if you file a claim with your insurance, it must still be resolved within this period.
Whether you end up being able to file your claim with the other driver’s insurance company or must file under your own policy, insurance companies can make it difficult to recover the full amount of compensation you may be entitled to receive. They may try to blame you, offer you a subpar settlement offer, cause intentional delays, and more, so they can protect their bottom line.
Additionally, because the driver who hit you left the scene of the accident, evidence becomes even more important for resolving your case in your favor. However, it can be harder to collect evidence or compile enough of it without the other party present. This can make it harder during the claim process to show what happened and who hurt you. Insurance companies may even try to use this to their advantage.
What Happens When the Police Find the at-Fault Driver
Drivers involved in any type of accident in which they strike another person, personal property, or other assets must stop at the scene of the incident to provide contact information and assistance. Yet, this does not always happen, sometimes due to intoxication and other times due to fear of what could happen. Police may find the driver within hours or days after the accident.
Police are likely to charge the driver with the hit and run accident. This could lead to fines and some jail time for the at-fault driver. If there are situations where your injuries are severe or the property damage is significant, the prosecutor may pursue Category B felony charges against the at-fault driver. That could mean longer jail time and numerous repercussions.
It’s important to know, though, that criminal charges against the at-fault driver do not help you to recover financial compensation for your losses. It is still critical for you to take action to recover those damages. That is where a lawyer can offer guidance, so be sure to review our case results today.
The Role of Uninsured Motorist Insurance in Hit and Run Accidents
In situations where the other driver is not found, you have the right to file a claim against your uninsured/underinsured motorist insurance coverage. This is an insurance policy you take out yourself that pays for your losses when the other driver lacks coverage or doesn’t have enough coverage. It is certainly a valuable tool at times like these.
However, the insurance company is still a for-profit company that wants to reduce the amount of money they pay you. That is why hiring an attorney is critical for building a robust, evidence-based case. They also ensure that the insurance company will treat you fairly and pay you what you deserve for the losses you’ve suffered.
If you do not have uninsured motorist insurance, you may not be able to file a claim for compensation until the other party is found. If they are found and lack insurance, you may be able to pursue a lawsuit against them to seize assets to pay for your losses. Though complex, this could be the most effective way to recover your damages in some cases.
Recoverable Damages in a Hit and Run Accident Case
While determining the source of compensation is more complicated in hit and run accidents, there are still certain losses that you can recover, whether you are filing an at-fault claim or a claim with your own insurance. Recoverable damages can span monetary losses and the suffering that you experienced. Understanding what damages are available in a Nevada car accident is important and may include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium or companionship
- Reduced quality of life
Every accident is different, and every settlement payout is different. What you can recover and how much will be dependent on your situation.
However, having the help of a lawyer can help you negotiate a larger settlement amount that will better cover what you have lost and offset your expenses. They will help you calculate the value of your case and advocate for you throughout the complicated legal process.
Schedule a Free Consultation with a Summerlin Hit and Run Accident Lawyer
At H&P Law, a hit and run accident attorney in Summerlin is ready to guide you throughout this legal process. We provide our clients with one-on-one support and customized solutions throughout these cases, ensuring that your rights remain protected.
Set up a free consultation today with our legal team to learn more about your rights and how we can serve you.