The occurrence of hit and runs automobile accidents (accidents in which individuals flee the scene) has been increasing over the last few years both nationwide and in Nevada.
Nevada authorities are in the process of passing new legislation, which directly addresses such issues, in order to increase the safety of motorists and pedestrians.
In October 2015, a bill in Nevada went into effect detailing how all involved parties should respond in the event of an automobile accident that results in bodily injury, property damage or both:
- All parties must stop all vehicles at the crash site and remain at the scene until a group of outlined steps have been fulfilled. These steps including providing your full name, address and registration to both the other drive and the authorities, showing your driver’s license if requested and available, rendering reasonable assistance to the injured person, and if no law enforcement is available then reporting the information to the nearest authority.
- These measures must be taken without further obstructing traffic. If the vehicle is obstructing traffic then the vehicle must be moved to a safe place as possible that does not obstruct traffic.
Drivers who violate these measures face strict penalties including a fine of no less than $2,000 and a mandatory sentence of two years. These new penalties treat those drivers who leave the scene of an accident with substantial bodily harm or property damage the same as a driver under the influence.
Furthermore, under the new legislation anyone who refuses or neglects to file an accident report faces license suspension for a year. The Nevada DMV will reinstate the license upon receipt of either the accident report or evidence that the failure to file was not willful.
This new legislation follows the 2013 case of Clancy v. Nevada in which the Nevada Supreme Court held that knowledge of a hit and run accident may be actual or constructive. The effect of Clancy v. Nevada is that authorities in Nevada have an easier time successfully charging motorists of hit and run offenses.
If you are charged with a hit and run offense, contact Ken McKenna when you need the best criminal lawyer in Nevada by your side. Everyone convicted of a crime has rights under the law, but only the best attorneys know how to demand them for their clients. For further information or to schedule an appointment please contact us at 775.329.6373 or visit www.KenMcKenna.com.