Under Nevada law, a hit and run car accident occurs when a driver hits you and fails to stop their vehicle after the accident. When you are involved in an accident, you expect the driver to stop and do the right thing. Unfortunately, most drivers will flee for fear of being involved with the police. Hit and run crashes are frequent in Nevada, and they result in serious injuries. This is because of the substantial impact of the vehicle on your body. If you are a victim in a hit and run car accident in Nevada, you are entitled to compensation which you get after filing a personal injury claim. At Las Vegas Personal Injury Attorney Law Firm, we will handle your injury lawsuit to ensure you receive maximum compensation for your injuries.
Overview of Hit and Run Accidents in Nevada
If you are involved in a car accident in Nevada, the law expects you to stop. This is to help the injured parties and exchange contacts with other drivers. A hit and run accident occurs when a driver who causes an accident flees the scene. Most hit and run accidents are often fatal, and that is why drivers opt to run away in an attempt to escape responsibility.
Also, drivers involved in a hit and run accident can flee the scene of the accident if they do not have insurance or are on the run for another crime. Drivers who lack motor vehicle insurance coverage and those who are driving under the influence of drugs also tend to run accidents. This is because even when there are no injuries sustained from the crashes, these factors could trigger criminal charges. If you are injured in a hit and run accident, you are entitled to compensation. By filing a personal injury claim, you can recover benefits for the injuries.
It is always unfortunate that most hit and run accidents do not have witnesses since they happen during the night. This makes it difficult to prove that a particular party was liable for the accident. There are several ways in which a hit and run accident can occur, including:
- When a driver hits another parked car and leaves without notifying the car owner or the authorities. If you hit a vehicle in parking, you are expected to inform the police or leave a note with the driver’s information
- A driver gets into a crash with another vehicle on the move and fails to stop their car
- When a driver knocks down a pedestrian and fails to notify emergency responders or stop to help the victims of the accident, it is considered hit and run
Regardless of how the accident happens, injuries resulting from a hit and run accident are eligible for compensation. Also, if your loved one dies in such a crash, you can file a wrongful death claim against the liable parties.
What Should I Do After a Hit and Run Accident?
After a hit and run accident, you will likely be shocked, but it is crucial to remain calm so you can assess the situation. If you are still conscious and not severely injured, you need to ensure to collect as much information as possible about the accident. Some of the details of the accident will be essential pieces of evidence in your injury claim.
Some of the things you need to do after an accident include:
- Getting yourself in a safe position in the accident and helping other people who are injured and call emergency responders
- Call the police to the scene. The police will check out the accident scene and write a report that will be used in your civil lawsuit
- Takedown information about the driver who left including the plate number of their vehicle
- Take photos of the accident scene and damage done by the driver who fled
- Obtain the contact information from any witnesses available at the accident scene. You can also request them to testify during the hearing
Some hit and run accidents are fatal. Therefore, it is crucial to seek medical attention. This will help ensure that your injuries do not escalate. Also, your medical records will be used to prove injuries suffered in the accident and facilitate compensation in your claim. Wounds from a hit and run accident can be devastating. Fortunately, you can file a claim against the party liable for the accident. Proving liability in a hit and run crash lawsuit can be complicated, and it would be wise to navigate the process with guidance from a personal injury attorney.
Injuries Common to Hit and Run Accidents
Most injuries get worse if they are not attended to as soon as possible. If you are involved in a hit and run accident, there may be no one to call emergency responders, and this can cause your injuries to worsen or even lead to death. The following are common injuries associated with a hit and run accidents:
Head and Brain Injury
Head and brain injuries are delicate and complicated. Most hit and run accidents, especially those that involve pedestrians will cause an impact to the head. The skull is an incredibly strong bone which is difficult to break. However, when immense pressure is applied, it could result in different types of injury to the head. Sometimes an outward injury is not necessary for a brain injury to occur.
Head injuries are in the form of bruises and skull fractures caused by blunt trauma. However, not all skull fractures will result in brain damage. Sometimes the impact to your head can cause rupture of blood vessels. This will result in bleeding and clots in the brain, depending on the severity of the effect. You may require surgery to correct bleeding in your brain.
When a sharp object penetrates your skull, it is likely to injure your brain and cause severe damage. The brain is an essential part of the body, and it regulates numerous functions. When the brain suffers substantial damage, you may be required to undergo a lifelong treatment.
Unfortunately, brain injuries are not easily detected and will only be noticed if a doctor checks you. If you are involved in an accident where you suffer an impact to your head, it is crucial to seek immediate medical attention. The following are symptoms of brain injury you need to look out for if you are involved in an accident:
- Slurred speech
- Severe headache
Suffering a brain injury can be devastating, primarily when it results from another person’s negligence. Fortunately, you can file a claim against these individuals and recover compensation for the injuries.
When you get into a traffic accident, orthopedic injuries are the most common of damages you will suffer. If your vehicle crashes onto another car, you get hit while on the sidewalk, you may come out with broken bones. There are many bones in your body, and the level of breakage will depend on the type and severity of the accident.
Immediately after the accident, you may be too shocked, and with the adrenaline rush, you may not feel the pain. When bone injuries are not attended to, they can escalate to a severe issue. Some of the symptoms you are supposed to look out for after an accident include:
- Swelling of the bone
- Intense pain
The effect of broken bones and time is taken to heal will significantly depend on the part of the bone, which is damaged. Damaged bones take a long time to resolve, and you may spend some time in the hospital to nurse the injuries. Also, you will suffer high costs of medical bills. If significant bones of the limbs or back are damaged, it will be quite challenging to return to your regular life routine. If you or your loved one suffers broken bones in a hit and run accident, you can file a compensation claim against liable parties.
Internal Organ Injuries
Internal injuries are not often apparent and can be overlooked. After involvement in a hit and run accident. It is vital to ensure that you get medical attention. This will help in early detection of any internal injury and treatment. External bleeding is not required when it comes to damage to internal organs.
When you are involved in a car crash, there are two ways through which you can suffer internal injuries. When a blunt trauma is applied to your body, you may not see a physical wound on the outside. Also, when a sharp object penetrates your body, it will result in an internal organ injury.
The internal injury could be a rupture of blood vessels and bleeding. This often happens in the brain and could end up in brain damage. Another form of internal injury is damage to the internal organs. When there are other forms of injuries like broken bones, they can injure and damage some organs such as the lungs, liver and bladder. Injuries to the internal organs are fatal if not treated on time. Fortunately, you are eligible for compensation by filing a personal injury claim.
Spinal Cord Injuries
Most hit and run accidents are fatal, and that is what results in fleeing of fault parties. A car accident can cause a blow in your spine and the surrounding tissues and ligaments. The trauma can cause bruising or complete severing of the spinal cord. The spine is one of the vital organs in the human body and is responsible for controlling numerous functions.
Depending on the severity of the injury. Damage to a part of the spine will have the following possible effects:
- Difficulty in breathing
- Loss of bladder bowel and sexual function
- Severe pain
- Paralysis and loss of motility function below the point of injury
- Loss of feeling
Spinal cord injury may not manifest immediately after the accident and may develop with time. Therefore, it would be wise to be keen on any abnormal sensation after a crash. Most spinal cord injuries do not resolve entirely, and you may end up with a permanent disability. This makes you dependent on other people for simple tasks. If you suffer such an injury after a hit and run accident, you need to contact a personal injury attorney to guide you in pursuing compensation.
When the accident is fatal, hit and run accidents can result in death. It can be devastating when your loved one dies from a negligent accident, and you have the burden to find the liable party. By filing a wrongful death claim, you can get compensation for wrongful death. Liability in wrongful death claims can be difficult to prove due to the lack of firsthand information from the deceased. Therefore, it is crucial to have legal guidance.
Liability in a Hit and Run Accident Claim in Nevada
If you file a personal injury claim after a hit and run accident in Nevada, you may be able to get compensation for your injuries. However, you will be required to show how the defendant contributed to the accident. Proving liability in a hit and run accident is complicated. This is because most fault parties will not be at the scene when the police arrive.
In most personal injury lawsuits. Liability is based on negligence. Nevada follows the rule of comparative negligence where the amount of compensation you receive will depend on fault percentage for each party. Negligence is the disregard to the wellbeing of others and is established with the following elements:
When establishing negligence in a personal injury claim, you need to show that the defendant had a duty to act with reasonable care to avoid the accident. A driver is expected to follow all traffic rules and avoid driving under the influence of alcohol. All drivers are expected to act in a way that ensures the safety of other road users.
Breach of Duty
In a hit and run accident personal injury claim, a duty of care is not enough to establish negligence. The defendant requires a violation of this duty. A person breaches their duty of care towards you by acting in a way that puts you in the risk of injuries. Also, it should be clear that the driver acted in a way that a reasonable person wouldn’t in the same situation. Some of the actions that show a breach of duty include:
- Driving under the influence of drugs
- Distracted driving
- Failure to yield the right of way
- Over speeding
A lot of information goes into trying to prove a breach of duty. Therefore, it is crucial to enlist the guidance of a personal injury attorney.
When you are filing a personal injury claim against another person, it must be clear that their actions resulted in the accident. Proving that the breach of duty was a significant contributor to the accident is one of the most challenging elements to establish. However, a competent attorney can help you collect information which links the defendant to your injuries.
Significant damages that are crucial to a personal injury claim is the injuries you suffered. After proving that the defendant breached their duty of care towards you and caused the accident, you should show the damages you suffered. Evidence is given by producing your medical records after the crash. Also, your files may be crucial to show that damages did not exist before the accident. If your injuries have affected your ability to work, you may be required to show proof of lost wages, and other future losses.
Compensation Benefits from a Hit and Run lawsuit in Nevada
Hit and run accident can have devastating effects on your life. However, filing a personal injury claim against liable parties is a chance to get compensation for the injuries. If you are successful in proving liability for the accident, you will recover the following benefits:
Your medical bills after an accident will start to accumulate the moment emergency responders get to the accident scene. Since fault parties flee in a hit and run accidents, you will have to cover the medical bills until they are identified and proven liable for the accident.
Most injuries resulting from these accidents are severe and will require extensive medical procedures to resolve. There are several options through which you can cover your medical bills, including:
- Use of a Nevada health insurance police or government health care program
- Making payment under Nevada Med Pay coverage
- Getting treatment from a practitioner who operates on a lien basis
If you do not have medical insurance to cover these bills, all government facilities are mandated to give a 30% discount. Health care providers who operate on a lien basis will get paid with proceeds of the lawsuit. However, should your medical bills exceed the amount of compensation you receive, you will be responsible for the exceeding amount.
In your injury claim, you will be required to show proof of injuries and costs you incurred before you get compensation. Therefore, it is wise to ensure that all your damages arising from the accident are documented. Also, the records should be kept where they can be retrieved as evidence in your case.
If you had an existing injury that got worse as a result of the accident, you are still entitled to compensation for medical expenses. In this case, your medical records dating five years back may be required to ensure the injuries for which you are claiming compensation resulted from the accident.
If you suffer significant injuries in a hit and run accident, you will likely spend a considerable amount of time nursing the wounds. This will deter you from going back to work. Lost income is the amount you lost as a result of injuries suffered in the accident. Lost wages may be in the form of monthly salary, bonuses and self-employment income.
If you have regular employment, the best way to prove your lost wages is by obtaining a letter from your employer. This letter will contain details on the nature of your employment contract. If your employer cannot provide you with the letter, you can use past pay stubs and tax returns to show the amount you lost.
If you gain your income from self-employment, you are still eligible for the losses you made while nursing your injuries. Some of the documents that can be used to prove lost income from self-employment are:
- Tax returns for previous years
- Billing statements
- Testimony from a forensic
Lost Future Earning Capacity
Lost earning capacity is a loss of your ability to work and earn a living as a result of your injuries. Some injuries resulting from a hit and run crash will leave permanent and long term health consequences. The incapacitation will affect your ability to return to your regular job. However, it is essential to understand that you don’t need to suffer permanent injury for you to receive this type of compensation.
As long as your injuries haven't been resolved by the time of your lawsuit hearing, you are eligible for compensation. There is no specific method used to calculate lost earning capacity. However, the following factors will play a role in determining the amount you receive:
- The severity of your injuries
- Time expected for the damages to resolve
- Your age and life expectancy
- Amount of time you have left before retirement
- Your health before the accident
If you are injured in a hit and run accident, competent legal guidance is required to ensure maximum compensation.
Seek Legal Guidance from a Personal Injury Attorney Near Me
Hit and run accidents are often severe. If you are involved in a hit and run accident, you will likely suffer substantial injuries. By filing a personal injury claim against the party liable for the accident, you can recover compensation for your injuries. However, insurance companies tend to deny coverage for your injuries. Therefore, if you are filing a claim against the uninsured motorist or the at-fault driver’s insurance coverage, it is crucial to seek competent legal representation. If you are in Las Vegas, Nevada, you will significantly benefit from the legal assistance we at the Las Vegas Personal Injury Attorney Law Firm offer. Contact us today at 702-996-1224.