Have you been injured in a Las Vegas car accident while visiting? Your legal rights as a tourist are intact. The laws in Nevada protect car accident victims, whether they are residents or visitors. Of course, you can help yourself more with the pursuit for compensation by documenting the scene, seeking medical care, preserving evidence, and connecting with a local lawyer.
Tourists do not have to uproot their lives for compensation after Vegas car accidents. A lawyer can handle your case no matter where you are. Call George Bochanis Injury Law Offices at (702) 388-2005 to discuss your situation.
Understanding Nevada’s Car Accident Laws as a Tourist
2024 was one of the most deadly years on Nevada’s roads, with 412 fatalities from crashes. Speeding and impairment contributed to many of these crashes. Drunk driving can affect car accident claims, for example, with stronger liability against the drunk driver, negligence that may be easier to prove, possibly easier negotiations with insurance companies, and the possibility of punitive damages. These are just some of the ways Nevada’s car accident laws can protect tourists and residents alike.
When you become injured while visiting, one concern is understanding your rights. Nevada is a fault-based state. This means the driver responsible for the crash, or their insurance, generally pays for damages. Tourists, like residents, are subject to this system.
- Duty to stop and report: Drivers in crashes that result in injury, death, or property damage of more than $750 are required to stop, render aid, and exchange information. If law enforcement responds, officers should file a report. You typically do not need to separately file with the DMV. However, if no officer responds, you have 10 days to file a report yourself.
- Modified comparative negligence: If you are partly at fault, your compensation goes down by your percentage of responsibility. If you are more than 50% at fault, you cannot recover damages.
- Rights of passengers: As a passenger, you can file a claim based on comparative fault, even against both your driver and the other party.
Both tourists and residents follow these guidelines.
How Tourists Can Protect Their Legal Rights After a Las Vegas Crash
Car accidents are among the most common types of tourist accidents in Vegas. They often occur on busy Strip streets and highways. However, understanding the law is just one aspect of protecting your legal rights after a car accident as a tourist. It is also important to act decisively and to document everything.
Prioritize Safety
Safety comes first. Check yourself and passengers for injuries. Call 911 if anyone needs help.
Get a Report
Call the police, and get a copy of the accident report. Nevada law requires accident reporting if injuries or significant damage occur. Even if injuries seem minor, having an official report establishes a factual foundation for your case.
Collect and Document
Exchange driver names, contact details, license plate numbers and driver’s license numbers, plus insurance information. Get witness contacts, too. Document the scene as much as you can. If possible, use your phone to capture damage, positions of vehicles, road signs, injuries, and weather/lighting conditions. Preserve dashcam or video footage. Both types of evidence can help in establishing fault or disproving comparative negligence.
Avoid Admissions of Fault
Do not admit fault. Do not apologize or assign blame at the scene or to insurers. Even casual remarks can work against you later.
Avoid “Vacation Mindset” Errors
Many visitors are in relaxation mode. Seeking medical care or dealing with legal matters can be stressful, so tourists may downplay minor aches or assume symptoms will go away. However, some injuries, such as whiplash or internal injuries, can appear later.
Consult an Area Lawyer
Car accident lawyers in Las Vegas should be familiar with Nevada’s court system and statutes. These personal injury firms tend to offer free consultations and do not charge for cases unless they win. They get paid only if you do.
If you are a tourist who has already returned home, you can find and vet lawyers online through virtual consultations via phone or video call. Look for attorneys with strong experience in personal injury and motor vehicle accident cases. Ask about their track record in handling claims for out-of-state visitors.
Otherwise, tourists usually can go home and not return to Las Vegas for the legal nuances. For example, they usually can participate in depositions remotely. A full trial might require in-person appearances, but many cases settle before reaching this point.
Meet Deadlines
Two years is generally how long you have to sue after Vegas car accidents. This is the Nevada statute of limitations, and it begins on the date of the crash. Missing the deadline can bar you from recovering any compensation, no matter how strong your case is.
Not every case requires a lawsuit. Negotiation settles many claims with insurance companies. However, the statute of limitations is still important because if settlement attempts fail, you must file a lawsuit before the deadline to preserve your right to compensation.
Some situations do shorten or extend the timeframe. A lawyer can help you determine the correct deadline, negotiate with insurers, and file all paperwork on time if a lawsuit becomes necessary.
Navigating Insurance and Injury Claims When You’re Injured Away From Home
When you are injured in Nevada, you generally rely first on the at-fault party’s auto insurance, regardless of where he or she lives. Nevada follows a fault-based system, not a no-fault system. A fault-based system means the driver who caused the accident is responsible for covering your damages.
Fault-Based System
If the at-fault driver is a Nevada resident, his or her Nevada policy provides liability coverage. If the at-fault driver is a tourist, his or her out-of-state auto insurance almost always extends to cover accidents nationwide.
In either case, you start by pursuing compensation through the at-fault party’s insurer. If the driver has no insurance or not enough to cover your losses, you may be able to turn to your own uninsured or underinsured motorist coverage. As usual, it helps to have records of injuries and police reports.
Full Damages from Insurance Companies
If an insurer is undervaluing or delaying your claim, an attorney should be able to step in and advocate for full damages. These typically include medical care, lost wages, pain and suffering, emotional distress, future treatment costs, and travel-related expenses.
With travel-related expenses, you may be able to recover the costs of canceled or rebooked flights, forfeited hotel reservations, and unused tickets or tours. If you need to return to Nevada for medical treatment, depositions, or court hearings, you can include expenses such as airfare, rental cars, rideshares, meals, and lodging in your claim. Even the value of lost vacation days may factor into your damages. A Las Vegas car accident lawyer for tourists helps fully document these costs and presents them to insurers.
Liability Issues
Determining liability is part of the insurance and injury claims process. In an accident involving a taxi, rideshare, or rental vehicle, several parties may be liable: drivers, companies, or rental agencies, depending on the situation. Who is liable for a taxi cab accident really depends on the particulars of what happened, but both the cab driver and cab company could be liable.
Legal Representation: What to Expect as a Tourist
A Las Vegas car accident lawyer for tourists can handle your paperwork, interact with insurance companies, and negotiate settlements. All this usually can happen without your physical presence.
The process typically starts with a virtual consultation. During this, you give the lawyer details about the crash, your injuries, and any documentation you have, such as police reports, medical records, and travel receipts.
Once you hire the lawyer, he or she communicates directly with the at-fault driver’s insurance company, gathers additional evidence if needed, and calculates your full damages, including medical costs, lost wages, pain and suffering, and travel-related expenses. If a settlement is possible, your lawyer negotiates on your behalf and keeps you updated on offers. You can review these offers remotely.
If negotiations fail and a lawsuit becomes necessary, your lawyer can file court documents and represent you in Nevada courts. Many lawyers can handle depositions or hearings via video conferencing. Lawyers also can coordinate logistics so you do not have to travel back to Las Vegas unless absolutely required.
It can be confusing when you get injured in a Las Vegas car accident while visiting. Your legal rights as a tourist are important. Contact us at George Bochanis Injury Law Offices to discuss what comes next.
