Knowing what to do after a car accident in Las Vegas can protect you in critical moments, such as if you unexpectedly get into a collision that leaves you with serious injuries.
With thousands of motor vehicle accidents reported in Las Vegas each year, it is important to know what steps to take to protect not only your physical health but your legal rights, as well, if you become a victim. Here’s what to do.
Pull Over Immediately
Nevada Revised Statutes § 484E.010 imposes a duty on all drivers in the state to stop at the scene of an accident that involves physical injury, death or property damage.
Failing to do so is a crime known as a “hit-and-run” that can come with serious penalties, including jail time. Always stop at the scene of any type of traffic accident you are involved in, even if the damage appears minor.
Ensure Your Safety
If you can, move your disabled vehicle to the side of the road or to the shoulder, where it is out of the way of traffic. Turn on your emergency or hazard lights.
Make sure it is safe to exit your vehicle before getting out. If the other driver involved shows signs of road rage or aggression, do not exit your vehicle or confront the driver. Instead, wait for the police to arrive inside of your car with the doors locked.
Check for Injuries
Sit for a moment and check in with yourself for signs of an injury before you leave your vehicle or make any major movements. Injury symptoms can include pain anywhere in your body, a tingling or numb feeling, blood, bruising, and swelling. Next, check any vehicle passengers for injuries as well as people in the other vehicle.
Get Medical Care
Car accident victims in Las Vegas should always get prompt medical care, even if they feel fine. Going to one of the many local hospitals or urgent care centers in Las Vegas could result in a diagnosis even before you experience symptoms. Many serious injuries, including traumatic brain injuries, can have delayed or hidden symptoms. If you notice severe injuries at the accident scene, call 911 to request paramedics immediately.
Report the Accident to the Police
Nevada law requires drivers to report any car accident that results in injury, death or property damage that appears to exceed $750 in value to local law enforcement. If the accident appears serious, the Las Vegas Police Department will send officers to the scene to investigate and create an accident report.
If the police do not arrive at the scene, the drivers involved still have a responsibility to report the crash to the Department of Motor Vehicles within 10 days. Crash reporting is important, as it creates an official record of the accident and records key details.
Do Not Admit Fault
Never admit that you may be at fault for an accident, and do not apologize to the other driver, as this could be misconstrued as an admittance of guilt. Do not admit fault when speaking to police officers or insurance claims adjusters, either. This can unfairly place 100 percent of the liability (financial responsibility) on you.
Exchange Information With the Other Driver
Nevada’s hit-and-run laws also require motor vehicle drivers to fulfill certain responsibilities when a car accident takes place before they are legally permitted to leave the scene. These include having to exchange information with the other driver involved.
Be sure to get the other driver’s full name, address, phone number and insurance information before you leave. Write down a description of the other driver’s vehicle, the license plate numbers and the vehicle identification number (VIN), as well.
Take Pictures and Gather Evidence
While you’re still at the scene of the crash, use your smartphone to capture images of all property damage, physical injuries, road signs and markings, environmental conditions, and other relevant details. Look around for any nearby surveillance cameras or dashcams that may have the crash recorded.
If you can, gather other available evidence, such as statements from eyewitnesses and your police report number. After you’ve received medical care for your car accident, collect copies of your relevant medical records and bills. Document all correspondence between you and a car insurance company. Finally, maintain an injury journal, where you write down how you feel each day throughout your recovery journey.
Notify Your Car Insurance Provider
Contact your car insurance company as soon as possible after your car accident to report the crash. Most insurers require prompt reporting, ideally within a day or two of the accident. Once again, do not admit fault during conversations with an insurance claims adjuster. Do not accept the first settlement, and do not give them a recorded statement over the phone. Keep your answers to questions asked about the crash and your injuries short and simple.
File a Car Accident Claim Against the Other Driver
Nevada operates under a fault-based car insurance rule. This means that when a collision takes place, injured victims have the right to hold those at fault liable. If you believe that the other driver is at fault for your accident due to issues such as speeding, distracted driving or drunk driving, contact his or her insurance provider to file a claim.
You cannot count on a car insurance company to protect your interests during claim settlement negotiations or conversations. The main goal of an insurance adjuster is to minimize your payout and save the insurance company as much money as possible. Keep this in mind during all communications with an insurance company.
Contact a Las Vegas Car Accident Lawyer
If you do not feel confident dealing with insurance claims adjusters on your own during your car accident claim in Las Vegas, contact an attorney for assistance. An experienced car accident lawyer will know exactly how to navigate Nevada’s related laws. Your lawyer can fight for a fair settlement or bring your car accident case to trial in Clark County in pursuit of the financial compensation that you deserve.
Once you hire a lawyer, you can relax and focus on healing from your injuries while a licensed attorney handles claim negotiations on your behalf. You can rest assured that your attorney will protect and advocate for your rights from the start of your case to settlement.
If you’ve recently been involved in a harmful car accident in Las Vegas, don’t hesitate to contact Edward Bernstein & Associates. We offer free case reviews, where we can provide personalized advice about your unique situation.