What are the Penalties for Hit and Run in Nevada? – A Criminal Defense Lawyer Explains

Getting into a car accident can be a scary and stressful experience. Even minor fender benders can leave you feeling shaken up. But what if the other driver flees the scene without providing their insurance information? This is known as a “hit and run” accident, and it’s unfortunately quite common here in Nevada. As a criminal defense lawyer in Las Vegas, I’ve handled many hit and run cases over the years. In this article, I’ll walk through Nevada’s hit and run laws, penalties, and defenses so you understand your rights and options if you’re ever involved in one of these incidents.

What Constitutes a Hit and Run in Nevada?

Under Nevada law, a driver has certain duties after being involved in any type of vehicle accident:

• They must immediately stop their vehicle at the scene of the accident or as close to it as possible.
• They must remain at the scene until they have exchanged driver’s license, insurance, registration, and other relevant information with the other parties involved.
• If someone is injured, they must arrange for medical care before leaving the scene.
• They must cooperate with law enforcement conducting an investigation.

If a driver fails to do any of the above, they can face criminal “hit and run” charges. It doesn’t matter who was at fault for the initial accident – leaving the scene without providing information is against the law.

What Are the Penalties for Hit and Run in Nevada?

The penalties for hit and run depend on whether the accident resulted in property damage, injury, or death:

Property Damage Only

If the accident caused only property damage, the hit and run is charged as a misdemeanor. Potential penalties include:

• Up to 6 months in jail
• Fines up to $1,000
• 6 demerit points against your driver’s license

Injury or Death

If the accident caused injury or death, the hit and run is charged as a category B felony. Potential penalties include:

• 2-20 years in Nevada State Prison
• Fines from $2,000-$5,000
• Driver’s license revocation

You face separate felony charges for each person injured or killed. The judge also cannot suspend any imposed prison sentences.

What Are Some Defenses to Nevada Hit and Run Charges?

While the penalties are severe, there may be defenses that apply in your case. A skilled criminal defense lawyer can evaluate the evidence and build an argument to potentially get your charges reduced or dismissed. Some common defenses include:

• You were unaware an accident occurred – For example, if you were driving a large truck and genuinely didn’t realize your vehicle struck something. Lack of knowledge or intent to leave the scene may get the charges dropped.
• You returned to the scene shortly after leaving – Nevada law requires you to stop “immediately” after an accident. But if you realized your mistake soon after and returned to the scene, this may help your case.
• You were incapacitated – If you sustained injuries that left you physically unable to stop or report the accident, this may excuse your actions.
• Misidentification – The prosecution has the burden of proving you were the driver involved. If they have the wrong person, the charges should be dismissed.

A skilled lawyer can also negotiate with the prosecution to get felony charges reduced to a misdemeanor through a plea bargain. This can help minimize the penalties you face.

What Should I Do After a Hit and Run Accident?

If you’re the victim of a hit and run, here are some tips:

• Call 911 and report the incident to police immediately. Provide a description of the fleeing vehicle and direction of travel.
• Take photos of the accident scene, damage to vehicles/property, and any injuries sustained.
• Get contact information for any witnesses who saw the accident occur.
• Seek medical attention even for minor injuries, as some may not appear until hours or days later.
• Contact your insurance company to file a claim. Uninsured motorist coverage can help pay for damages if the at-fault driver is never identified.
• Consider hiring an attorney to help you recover damages. They can conduct an investigation, negotiate your claim, and file a lawsuit if necessary.

Will a Hit and Run Affect My Insurance Rates?

Unfortunately, being the victim of a hit and run may still cause your insurance rates to increase. Most insurers consider this an at-fault accident when determining policy premiums. However, if you have collision and uninsured motorist coverage, your insurer should pay for repairs and medical bills per your policy limits.

If you’re found guilty of a hit and run offense, expect your auto insurance rates to skyrocket. Some insurers may even drop your policy. Maintaining coverage after a criminal conviction can be very expensive.

When Can My Hit and Run Record Be Sealed in Nevada?

If convicted of a misdemeanor hit and run, your criminal record can potentially be sealed 1 year after the case ends. For felony convictions, records can be sealed after 5 years. If the charges were dismissed, your record can be sealed immediately.

Sealing a criminal record hides it from most background checks. This helps restore your rights and makes it easier to find jobs, housing, loans etc. An attorney can advise you on the record sealing process.

Conclusion

Being involved in a hit and run accident can have devastating consequences under Nevada law. Both victims and drivers face serious financial, legal, and insurance implications. My advice is to remain at the scene, cooperate with police, exchange information, and seek counsel from an attorney to protect your rights. As a criminal defense lawyer, I’m here to answer any other questions you may have about hit and run charges in Nevada. Don’t hesitate to reach out for help.