Here at Justice Law Center, you will never hear us telling anyone to try to navigate the complicated process of trying to get compensation for an injury alone. Having an experienced personal injury lawyer on your side after an injury causing accident is vital to you getting the compensation you deserve. However, even if you have an attorney, understanding Nevada accident injury laws is important so that you will understand the process of getting your compensation.
Having a solid understanding of these laws before being involved in an accident will also be important so you know what to do after the accident, so that you can protect your interests in the long run.
Your Legal Obligations After a Car Crash
Even if the car accident you are involved in is a simple fender bender that resulted in no injuries, there are still legal obligations that you will need to follow. Failing to comply with these obligations can result in a ticket, or even being charged with a crime.
- Stop and assist. Even if you are not involved in a crash, and only witness the incident, per Nevada law you must stop at the scene and assist anyone in need. This assistance includes performing CPR (if you are certified) and calling an ambulance to offer medical care to anyone in need.
- Exchanging information. Nevada law requires anyone involved in an auto accident to exchange information with the others involved. This info includes names, phone numbers, insurance information as well as driver’s license numbers.
- Accident reporting obligation. One of the most important obligations you will have after an accident is to report it to the authorities. Even if an officer isn’t dispatched to the scene, you will have to report the incident to the DMV within 10 days if the damage seems to be over $750.
The Nevada Fault Law
Nevada accident injury laws follow what is called a “fault” system. This means that the individual who is at “fault” for the car accident will be the one responsible for paying the damages that are incurred. This damage includes the actual property damage, as well as any medical bills for injuries, wages lost from those injuries as well as several other damages depending on the situation.
Comparative Negligence and What it Means
In a Nevada car accident where injuries and other damage have occurred, there can be multiple people who can be found at fault. A specific percentage of fault will be assigned though various means. For example, one of the other drivers can be held to be 70% at fault, with you being 30% at fault. Nevada is considered a “Comparative Negligence State,” because there can only be damages sought from another party if the are at least 50 percent responsible for the crash. Comparative negligence can be known as shared, or comparative fault as well.
Negligence is one of the most commonly argued topics during litigation. If you must file a lawsuit against another party or insurance agency to get your compensation, just who was negligent and how much so will be one of the main aspects of your case.
Statute of Limitations for Nevada Car Crashes
Statute of limitations means that there is a specific time frame for you to file a lawsuit after being injured. These timeframes are governed by Nevada Revised Statutes (NRS) Chapter 11.
Per Nevada law, any injuries that are sustained in a car accident will fall under the personal injury claim category and will have a two-year statute of limitations. That means that you will have a full two years directly after sustaining injuries to file a lawsuit to recover damages.
Nevada Accident Injury Laws and Your Lawyer
Having a solid understanding of the Nevada accident injury laws will allow you to act in a manner that will protect your interests after an injury causing accident. The insurance agencies will go above and beyond to try weasel their way out of paying for your damages, and if you do not act in accordance with these laws, you could end up being responsible for paying for all of the damages incurred, even if someone else with 100 percent at fault.
The best way to make sure that you will get the compensation that you deserve is to immediately hire a personal injury lawyer after you have been involved in an injury causing car crash. Your attorney will know how to deal with the insurance agencies so that you will likely get your compensation package without even having to go to court.
Josh Nay is a writer and paralegal with over 10 years of experience in personal injury cases, family law and criminal defense.