Category: Car Accidents

Nevada is an at-fault state for car crashes, meaning drivers responsible for motor vehicle accidents can be held civilly liable for damages. In some cases, a collision may also result in criminal charges.

As a result, a person could face both a car accident lawsuit and criminal prosecution for the same incident. In such a situation, consulting both a personal injury lawyer and a criminal defense attorney is advisable.

What Types of Scenarios Could Result in Criminal Charges for a Car Accident?

In many cases, car accidents result in traffic infractions. However, traffic tickets are typically not criminal charges. The driver pays a fine, but they do not have a criminal record or face jail time.

However, several Nevada laws could result in criminal charges if a driver causes a car accident. Examples of car accidents that could result in criminal prosecution include, but are not limited to:

DUI Accidents 

Driving under the influence of alcohol and/or drugs is illegal under Nevada DUI laws. Suppose a drunk driver causes a car accident. The police will likely arrest the driver for driving under the influence or DUI per se (driving with a BAC above the legal limit).

Hit-and-Run Accidents

Drivers might fail to stop at an accident scene for many reasons. For example, the driver might not have car insurance or a valid driver’s license. The person could have outstanding criminal warrants or be afraid of immigration consequences. 

Whatever the reason for fleeing an accident scene, it is against the law under one or more Nevada laws. If law enforcement identifies the hit-and-run driver, the person could be charged with a misdemeanor. The charge would increase to a felony if the car accident resulted in serious bodily injury or death.

Reckless Driving

Reckless driving can result in criminal charges, especially when the driver causes an accident while operating a motor vehicle recklessly. Reckless driving typically occurs when a driver operates a motor vehicle with a willful or wanton disregard for the safety of other people or property. Participating in unauthorized trick driving or speed races can also result in reckless driving charges. 

A reckless driving charge is a misdemeanor. However, if the driver causes a car accident that results in death or serious bodily injury while driving recklessly, the state can charge the driver with a Category B felony.

Vehicular Manslaughter 

Some car accidents result in a wrongful death. The driver could be charged with vehicular manslaughter under Nevada Revised Statute §484B.657. 

The driver does not need to intend to cause a car accident or harm someone to be found guilty of vehicular manslaughter. If the driver’s negligence caused the crash that resulted in the person’s death, they could be convicted on criminal charges. Vehicular manslaughter charges could result from a distracted driving accident, failing to yield the right of way, drowsy driving, illegal turns, and other traffic infractions or general negligence. 

What Is the Difference Between Criminal Charges and Civil Liability for a Nevada Car Accident?

A criminal case and a civil liability claim are separate cases. The criminal case is brought by the state and tried in criminal court. A civil lawsuit is filed by the injured party and heard before a jury or judge in civil court.

Criminal charges for a Nevada car accident could include incarceration, fines, a suspended driver’s license, community service, and other criminal penalties. The punishment depends on the specific criminal offense and the facts of the criminal case.

However, a civil claim for a car accident is about making the injured party “whole” by compensating the victim for damages caused by the car crash. 

Damages for a car accident claim include economic damages. These damages represent the financial losses and expenses incurred by the injured party. Examples include lost wages, medical bills, and out-of-pocket expenses.

A car accident claim can include non-economic or “pain and suffering” damages. These damages compensate the victim for emotional distress, physical pain, mental anguish, decreased quality of life, and permanent impairments. Non-economic damages can also include scarring, disfigurement, and the loss of enjoyment of life. 

Does a Criminal Case Affect a Civil Car Accident Claim?

The outcome of a civil case or criminal case for a car accident does not depend on the outcome of either case. For example, the state might not charge a driver with a crime after a car accident or the driver could be acquitted of the criminal charges. However, the victim might still recover compensation for a civil liability claim.

Likewise, a criminal conviction does not guarantee the victim will win a personal injury claim. Victims of car accidents can benefit from consulting a personal injury lawyer about their rights and options after an accident. Contact an injury attorney today to schedule a free consultation.

Car accidents are one of the leading causes of injury and death in Austin. These collisions generate more personal injury claims than any other type of accident. If your accident resulted in an injury, you may be entitled to compensation. 

Car accident lawyers recommend taking certain steps to protect your accident claim — and your health. Here’s what to do after a car accident in Austin, TX:

Steps You Should Take Immediately After the Accident

Immediately after the accident, you should take the following steps (unless your injury prevents you from taking one or more of them.
 

• Call 911 and seek medical treatment for yourself and others. This is your highest priority. Perform any other activities while you are waiting for the ambulance to arrive, and only to the extent that you don’t hurt yourself that way.
• Cooperate with responding police officers so they can take a police report. This step could help you document your injury claim. Do not leave the scene of the accident until the police or the ambulance arrive. It is against the law in Texas to leave the scene of an accident.
• Exchange information with the other driver. Get the other driver’s name, address, phone number, insurance information, and license plate number. Texas law requires the exchange of contact and insurance details. Also, get contact details for any witnesses.
• Take photos and videos. Photograph anything that might be relevant, including all injuries and property damage.
• Document the scene of the accident. Record information such as the weather and anything else that might have contributed to the accident.

Attending to your medical needs should be your first priority. Addressing your legal needs is a close second.

Steps to Take in the Days and Weeks Following The Accident

Once you’ve received medical attention, you will need to take additional steps to protect any future injury claims you intend to file. These steps include:

• Collect your medical records and bills. Medical records are some of the most reliable forms of evidence in existence.
  
• Inform your insurance company of your accident as soon as possible —even if you plan to press a third-party claim against the at-fault driver’s insurance. The terms of your insurance police might even require you to do this. Speak to your lawyer about what information to divulge. 
• File a report with the Texas Department of Transportation if the accident resulted in injury or death or if property damage appears to be over $1,000. Police officers will complete this report if they respond to the accident.
• Strictly follow your doctor’s orders and attend followup treatments. This step is important to your recovery. However, following your doctor’s order will also prevent other parties from claiming you “failed to mitigate your damages” and reducing the value of your claim on that basis. 
• Get an estimate of the extent of your car’s property damage. Get something in writing from a garage.

Taking these steps will ensure you have documentation to support your personal injury claim. These steps could drastically improve your odds of winning a full settlement for your losses.

A Final and Important Step

The most important thing you can do for your injury claim, aside from seeking medical attention, is to contact an experienced personal injury lawyer to discuss your case. Your personal injury attorney can help you understand your legal rights and options for recovering compensation. They can help you investigate and gather evidence of your injuries and the other party’s negligence. 

Your attorney can also help you calculate the value of your losses and give you an accurate idea of the value of your claim. In short, they can handle all legal aspects of your case and put you in position to maximize your claim’s worth. Contact an experienced lawyer today to schedule a consultation to discuss your claim. Most injury law firms offer free consultations. 

There is no legal requirement to have a police report to file a car accident claim in South Carolina. However, a police report can make the insurance claims process quicker and easier.

A police report indicates that you were involved in a car accident and provides essential information relevant to your claim. It is typically the safest choice to report all traffic accidents to the police. Consulting a car accident lawyer can also help you navigate the claims process, ensuring your rights are protected and maximizing the compensation you may be entitled to receive.

When Am I Required to File a Report for a Car Accident in Columbia, SC?

South Carolina Code of Laws §56-5-1260 states that the driver of a vehicle involved in a car accident must immediately report the accident to the police if the accident caused bodily injury or death. The operator will then dispatch law enforcement officers from the correct agency and emergency medical services to the scene.

The following section of the code (§56-5-1270) addresses what to do if the police do not investigate the accident. If the accident resulted in injury or death to someone or property damage of $1,000 or more, you must file a written report with the South Carolina Department of Motor Vehicles.

The report must be filed within 15 days of the accident. South Carolina’s Traffic Collision Report is the form you can use to report the crash.

It can be difficult to determine the amount of damage to a vehicle or if someone is injured. Some car accident injuries may take several hours or days to cause symptoms severe enough to seek medical attention. Therefore, it is wise to err on the side of caution and file the report. Filing a police report means you have an official record of the collision for insurance and claims purposes.

What Information Is Included in a Collision Report in South Carolina?

A car accident report contains information about the accident that is useful when seeking a personal injury settlement. In some cases, the report might lead you to other evidence that could help prove your case.

Information in a crash report includes, but is not limited to:

• The location, date, and time of the crash
• The owners and drivers of all vehicles involved in the crash
• A description of the vehicles
• Insurance information for each vehicle
• A description of the accident scene, including road and weather conditions
• Contact information for eyewitnesses
• A description of how the collision occurred

A police report may also contain notes from the police officer with details gathered at the accident scene. Even though a police report is not conclusive proof of fault, the officer’s determination regarding fault may help you with an insurance claim.

What Should I Do After a Car Accident in Columbia, SC?

Columbia traffic can be challenging to navigate through. There are backups on I-26 and I-20 and in downtown Columbia. The stop-and-go traffic creates dangerous driving conditions. There always seems to be a car accident somewhere on your way to your destination.

If you are involved in a car accident, taking steps to protect your rights is crucial. Steps to take after a car accident include:

• Call 911 to report the crash. Request police officers and medical services, if needed.
• Document the accident scene by taking photographs of the vehicles, road conditions, and other items that could have contributed to the cause of the crash.
• Ask witnesses and bystanders to provide their names and contact numbers.
• Do not assume that you are at fault for the accident. Never apologize or say you caused the crash.
• Be honest with the police officer, but stick to the facts instead of drawing your own conclusions.
• Seek immediate medical attention for your injuries. Delays in medical care could make it more difficult to settle your claim.
• Document your damages by keeping detailed notes about monetary losses and your struggle to recover from the accident.

It is wise to seek legal advice from a Columbia car accident attorney before discussing the accident with an insurance company. An attorney can advise you of your legal options for recovering economic and non-economic damages from the party who caused the car accident.