The moments after a hit-and-run accident in Las Vegas are chaotic and frustrating. Another driver has struck your vehicle, possibly causing serious injury, and then fled the scene, leaving you to deal with the aftermath alone. The uncertainty of this situation can be overwhelming, but you are not without options.
Gathering the right evidence immediately is the first, most critical step toward finding the driver and securing the compensation you need to recover. As a trusted advocate for injury victims for 40 years, Jack Bernstein knows that a clear plan is the best defense against uncertainty. This guide will provide that clarity. We’re here to help you understand your legal situation and build the strongest possible case, because we believe that “Jack’s got your back!”
Quick Answer: Key Evidence for a Hit-and-Run Conviction in Nevada
To criminally convict a hit-and-run driver, Nevada prosecutors need specific, powerful evidence. While every piece helps, these are what make the strongest case:
🔴 Most Powerful – A License Plate Number: Even a partial plate number is the single most valuable piece of information.
🟠 Very Strong – Eyewitness Identification: A credible witness who can positively identify the person driving the car.
🟡 Strong – Video Footage: Clear video from a dashcam, traffic camera, or nearby security camera that captures the incident.
🟢 Helpful – Physical Evidence: Paint transfer or parts of the other car left at the scene.
Prosecutors must use this evidence to prove the case “beyond a reasonable doubt”—meaning the proof must be conclusive, not just a suspicion.
While the police and prosecutors focus on building that legal case, your priority at the scene is different. Here are the immediate steps you can take to protect your safety and your claim.
First Steps at the Scene: Gathering Critical Hit-and-Run Evidence
In the moments after a hit-and-run, what you do matters immensely. The scene of an accident is not static; evidence begins to disappear almost immediately. Some proof, like the location of a witness or the direction the car fled, vanishes in minutes. Other critical evidence, like security camera footage, can be erased within hours. Acting quickly and methodically can make a significant difference in the strength of your claim.
Your Safety and the Police Report Are Priority One
Before you do anything else, assess your situation and make sure you are safe from oncoming traffic. If you are injured or your car is in a dangerous position, do not move.
Your first call should be to 911.
Reporting the accident immediately is crucial. The responding officers will create an official police report, which becomes the foundational document for any future insurance claim or legal action you take. When you speak to the police, be clear that the other driver fled the scene. This detail ensures they classify the event correctly as a hit-and-run.
Use Your Phone to Document the Accident Scene
Your smartphone is one of the most powerful evidence-gathering tools you have. While your memory of the event is fresh, use your phone to capture everything you can.
- Your Vehicle: Take photos of the damage to your car from multiple angles—close-ups of the impact area and wider shots showing the entire vehicle.
- The Scene: Capture the overall accident scene, including traffic signs, skid marks, weather conditions, and the time of day.
- Debris: Look for any debris that may have come off the fleeing car. Take photos of paint transfer on your car or pieces of the other vehicle on the ground before they are moved or cleared away.
- Your Injuries: Photograph any visible injuries you have, such as cuts, bruises, or scrapes.
Pro Tip: Open the voice recorder app on your phone and narrate everything you remember about the other vehicle and driver. Describe the make, model, color, any visible damage, and any part of the license plate number you saw. A recorded verbal account made moments after the crash is a powerful tool to preserve details that might fade from memory.
Identify Witnesses and Potential Video Sources
What other people or cameras saw can be invaluable.
Look for anyone who may have seen the accident and ask for their name and phone number before they leave the scene. A credible eyewitness account can be a game-changer.
Next, scan the surrounding area for potential digital witnesses. Many businesses and homes have cameras that may have captured the incident. Make a note of:
- Security cameras on nearby businesses (gas stations, convenience stores, etc.)
- Doorbell cameras on adjacent homes
- Traffic or intersection cameras
How Nevada Police Investigate Hit-and-Run Cases
After you file a report, the police begin their investigation using the evidence you and they have gathered from the scene. It’s important to understand their role and to manage expectations. While law enforcement will work to identify the person who fled, these cases can be difficult to solve without strong initial leads like a license plate number or a credible witness.
Drivers often flee for specific reasons—they may be driving under the influence, without a license or insurance, or have outstanding warrants. Their goal is to disappear, and the evidence gathered at the scene is the best tool police have to find them and hold them accountable under Nevada law.
Your Two Paths to Justice After a Hit-and-Run
After a hit-and-run, it’s easy to feel like everything is part of one big, confusing problem. However, the legal system treats it as two separate and parallel cases: one to punish the driver and one to pay for your losses. Understanding this distinction is the key to protecting your rights and your financial stability.
The Criminal Case: Punishing the At-Fault Driver
This is the case of the State of Nevada vs. The Driver. The goal here is a “conviction,” which holds the driver accountable for the crime of leaving the scene. If convicted, the driver faces legal penalties such as fines, license suspension, or even jail time, depending on the severity of the accident.
- NRS 484E.010: Makes leaving the scene of an accident involving death or bodily injury a felony.
- NRS 484E.020: Makes leaving the scene of an accident involving only property damage a misdemeanor.
The police and prosecutor handle this criminal case. While a conviction can provide a sense of justice, this process does not automatically result in compensation for your losses.
Your Civil Claim: Seeking Financial Compensation for Your Losses
This is Your Personal Injury Claim. The goal here is not punishment, but financial recovery. This is the path to getting paid for the harm you have suffered, and it is where an experienced personal injury attorney is your essential advocate. In a civil claim, you seek compensation for your “damages”—the legal term for all of your losses resulting from the accident.
Nevada’s Statute of Limitations: A Critical Deadline
In Nevada, you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss this critical deadline, the courts will likely refuse to hear your case, and you will lose your right to seek compensation forever. It is crucial to speak with an attorney long before this deadline approaches to protect your rights.
You have a right to claim compensation for damages such as:
- All related medical bills (past and future)
- The cost to repair or replace your vehicle
- Lost wages from time you were unable to work
- Pain, suffering, and emotional distress caused by the accident
To help demonstrate your pain and suffering, keep a simple daily “recovery journal.” Make notes about your pain levels, difficulties with daily tasks, and any activities you can no longer do. This written record can be powerful evidence in your claim.
Getting Compensation When the Hit-and-Run Driver Isn’t Found
This is often the biggest fear for victims of a hit-and-run: “What happens if the police never find the driver?” It’s a valid concern, but it does not mean you are out of options. Nevada law provides a financial safety net for this exact situation, ensuring you have a path to compensation even if the at-fault driver becomes a “phantom.”
Your Financial Safety Net: Uninsured Motorist (UM) Coverage
The key to your financial recovery in a hit-and-run is likely a part of your own auto insurance policy that you have already paid for: Uninsured Motorist (UM) Coverage.
Uninsured Motorist (UM) Coverage Defined: This coverage is designed specifically to protect you when the at-fault driver either has no insurance or, as in a hit-and-run, cannot be identified. It allows you to make a claim with your own insurance company to cover your losses, including medical bills, lost wages, and pain and suffering.
Think of UM coverage as insurance you bought to protect yourself from irresponsible drivers. Using it does not mean you were at fault; it means you were prepared for a worst-case scenario.
Why You Need a Lawyer to Handle Your UM Insurance Claim
Even though you are making a claim with your own insurance company, you should not handle it alone. Your insurer’s goal is the same as any other—to protect their bottom line by paying out as little as possible. The insurance adjuster you speak with is a trained negotiator working for the company, not for you.
This is where having an experienced attorney is vital. A lawyer acts as your advocate, ensuring the insurance company treats you fairly and offers a settlement that covers the full extent of your damages. This direct, client-focused approach is essential when your financial future is on the line.
Do not give a recorded statement to any insurance adjuster—not even one from your own insurance company—before speaking with an experienced personal injury attorney. Adjusters can use your words against you to devalue or deny your claim. Anything you say can be misinterpreted, and you are under no obligation to provide a recorded statement without legal counsel.
Take Control of Your Recovery: Your Next Steps
Being the victim of a hit-and-run in Las Vegas can leave you feeling powerless, but you have more control than you think. By taking the right steps, you can protect your rights and create a clear path toward financial recovery. Remember the most important takeaways:
- Act Fast to Gather Evidence. The evidence you collect in the minutes and hours after the crash is invaluable. Document everything you can while it is still fresh.
- You Have a Right to Civil Compensation. Separate from any criminal case, you have the right to file a civil claim to recover money for your medical bills, lost wages, and other losses.
- Your UM Coverage Is Your Safety Net. If the driver isn’t found, your own Uninsured Motorist (UM) coverage is designed to pay for your damages.
Knowing these rights is the first step. The next is applying them to your unique situation. You don’t have to figure this out alone.
We encourage you to contact our firm for a free, no-pressure consultation. In a direct conversation, we can help you understand your options and build a clear, personalized plan for your recovery. At Jack Bernstein Injury Lawyers, our focus is on you. With 40 years of experience, we know how to handle these cases and ensure you are treated fairly. Let us answer your questions and show you how we can help. Jack’s got your back!
