The roar of a motorcycle symbolizes freedom, but it can turn into a nightmare in an instant. A hit-and-run accident leaves riders vulnerable, injured, and abandoned on the asphalt. These cowardly acts inflict harm, trauma, and financial losses. Victims struggle to pick up the pieces when a careless driver leaves the scene. Medical bills keep piling up, and the future is uncertain. After being in a hit-and-run motorbike accident, you need aggressive legal representation to pursue compensation for your injuries, property damage, or the loss of a loved one.

Contact Dallas Horton & Associates if you were involved in a hit-and-run motorcycle accident in Las Vegas. Let us fight for the justice and compensation you deserve.

What to Do If You Are in a Motorcycle Hit and Run

It can be jarring if you have been involved in any motorcycle accident. Being involved in a hit-and-run motorcycle accident has the effect of causing even more surprise and upset. When the at-fault driver flees, you are left to deal with your injuries, damages, and the aftermath. It is helpful to know what steps you can take to keep yourself safe and your case strong if you are able.

  1. Prioritize Your Safety

Your immediate post-accident checklist begins with prioritizing your safety. Move yourself and your motorcycle to a safe location that will not interfere with traffic flow. Remaining in harm's way risks further injury.

  1. Call 911 and Report the Incident

Call 911 immediately. Inform the Las Vegas Metro Police Department of the accident occurrence. Avoid downplaying your injuries. Just because you feel fine does not mean you are fine. Let the dispatcher know you were involved in an accident and the other driver left the scene (a hit and run). Provide your location as precisely as possible. An official report is essential because it starts the investigation and records the incident.

  1. Seek Medical Attention

Seek medical attention for a doctor’s note and further care. Let the paramedics evaluate you at the scene, or go to the ER or urgent care. Seeking a medical checkup soon after the accident is vital for your health and well-being. The medical record also helps in securing your injury compensation. If you delay seeking medical attention, it will be harder to prove your injuries stemmed from the hit-and-run accident.

  1. Gather Evidence at the Scene

If your physical condition allows, gather evidence. While waiting for 911 to arrive, remember what the car looked like, its make and model, color, and any part of the license plate. Make note of any unique characteristics, like a dent, sticker, or damage from the accident. If you can, likewise observe and recall the driver’s description.

Take pictures and videos of the accident scene with your phone. Capture your motorcycle's position and damage, along with the road and traffic signals. You should also capture any visible injuries. This visual evidence can be invaluable.

  1. Obtain Witness Information

Look around to see if anyone saw the accident. Obtain witness information, particularly their names and phone numbers. Witnesses can provide essential information and serve as neutral parties.

  1. Do Not Chase the Driver

Crucially, do not chase the fleeing driver. Though it is tempting to chase after the person, this is very risky, and you can end up in an accident again. Your safety is the priority.

After a motorcycle hit-and-run, following these steps gives law enforcement the information they need to find the driver. It will also help with a future claim, should you pursue one. Reporting a hit and run creates a record of the incident that will hold the wrongdoer accountable.

Nevada’s Hit and Run Laws (NRS 484E.010, NRS 484E.030)

Nevada law requires drivers to take specific actions after a crash. Two major laws that apply to hit-and-run cases are:

  • NRS 484E.010 — According to NRS 484E.010, the driver of a vehicle involved in an accident that results in the injury of any person or the death of any person must immediately stop the car at the scene of the accident or as close as possible to the place where the accident occurs. The driver must stay at the scene until meeting the requirements of NRS 484E.030. Not stopping is a felony.
  • NRS 484E.030 — Under this law, the driver must provide their information and render aid. These include providing the name and address of the person concerned as well as the registration number of the vehicle. If requested and available, they must also show their driving license. Furthermore, if the injured party needs to be treated and it becomes clear that the injured party cannot obtain treatment on their own, the driver must give reasonable assistance, such as arranging for their transport.

Under Nevada law, a hit-and-run occurs when a driver involved in an accident that causes injury, death, or substantial damage does not stop and perform the duties specified in these statutes. When a person flees the scene of an accident, it is not just a traffic violation if there are injuries or deaths. It is a crime.

The penalties for hit-and-run come at a steep price, given that it could harm a person. If someone is hurt in an accident, leaving would be a Category B felony. If caught doing this, the driver could face:

  • 2 to 20 years in prison
  • A fine of up to $5,000 and
  • Suspension or revocation of their driver’s license

In case the hit-and-run results in death, the penalties become severe.

The hit-and-run laws set the stage for charging the driver who flees the scene with a crime and a civil offense.

The Critical Role of Your Insurance

If you were injured in a motorcycle hit-and-run, it is difficult to trace the at-fault driver. After hitting you, they fled the scene, leaving you wounded and with damage. This is why a specific type of coverage on your motorcycle insurance policy is necessary: Uninsured/Underinsured Motorist (UM/UIM) coverage.

Uninsured motorist (UM) coverage helps if the driver responsible for a crash does not carry insurance or cannot be identified during a hit and run. The fleeing driver in a hit-and-run accident is considered an uninsured motorist. Therefore, your UM coverage will cover the medical expenses, lost wages, pain and suffering, and other damages that the at-fault party would have been liable for if they had stopped and had coverage.

On the other hand, underinsured motorist (UIM) coverage is like bodily injury liability coverage but takes effect when the at-fault driver is located, has insurance coverage, but does not have enough to cover all your injuries and damages. If the other driver’s coverage is insufficient to cover your damages, UIM coverage will help close the gap.

You must have the right UM/UIM coverage for your motorcycle. Due to their reduced visibility and low ability to protect riders, motorcycle accidents often lead to injuries and death. When a driver flees the scene, you cannot file a claim against the at-fault driver’s insurance if the driver is unknown. Your UM coverage is your first source for financial compensation.

You must immediately review your motorcycle insurance policy for your UM/UIM limits. Many people stick with the minimum required coverage to save some money. However, in case of a serious accident, especially a hit-and-run, those minimums are often far below what you will need to cover costly medical bills and long-term expenses. You can increase your UM/UIM limits to equal your liability coverage.

After being in a hit and run and filing a claim with your insurance, file a UM claim. You will need to assist their investigation with any information about the crash, any police report, and medical records. The claims process for an insurance company can be confusing. As you work with them, you should remember that their goal is to minimize payouts, which may not be in your favor.

Furthermore, see whether your insurance covers Medical Payments Coverage (MedPay). This coverage will provide money for treatment irrespective of fault. You can use this money to pay for treatment while waiting for other claims to be processed.

While pursuing the claim, the insurance company will need proof that it was a hit-and-run and that the other driver was at fault. The evidence you collected at the scene and the police report are essential here. Understanding your policy and how to successfully pursue a UM claim to recover the compensation you need and deserve is crucial.

The Challenge of Finding a Hit and Run Driver

Las Vegas motorcycle hit-and-runs can be frustrating because most victims may feel helpless when the driver who injured them is nowhere to be found. Despite this challenge, it is sometimes possible to find the driver who is responsible for an accident. Usually, a formal police investigation is conducted, and an independent investigation is undertaken, too.

Depending on the location of the accident, the Las Vegas Metropolitan Police Department (LVMPD) or the Nevada Highway Patrol (NHP) will officially investigate the hit and run. The main goal is identifying and capturing the driver to prosecute for a crime under the hit-and-run laws. This includes checking the accident report, looking at the evidence left at the scene, and following any leads. Despite having police resources, not every investigation can be thorough, especially when they do not appear to have any leads.

An experienced personal injury lawyer can play a crucial role at this stage by conducting a parallel investigation or assisting in an independent investigation. The police might be looking for a crime, but a civil investigation aims to look for the driver to file a personal injury claim for your damages. A lawyer's investigative steps might include:

  • Investigating the site of the collision and the surrounding area to seek out witness accounts from residents or businesses that may have seen something the police did not, or were not present soon after the crash.
  • Looking through the traffic and security camera footage to figure out how the accident happened. Furthermore, the investigators could request video footage from the other nearby establishments or houses. This video could help determine the vehicle's make, model, color, and registration.
  • Informing nearby auto body and repair shops about the hit and run and describing the suspect vehicle and potential damages. People working on cars usually see new accident-damaged vehicles first.
  • In more complicated cases, these experts will analyze the scene, calculate damage to your motorcycle, and take statements from witnesses to determine the speed, angle of impact, and possibly even the make and model of the other vehicle.

Finding the driver is the best result when pursuing a claim against their liability insurance, but it is not always successful. If the driver is identified, your attorney can pursue a claim against their insurer. If they cannot be found, or if they can but do not have enough insurance, this simply reinforces the importance of your uninsured/underinsured motorist (UM/UIM) coverage discussed above. Your UM insurance will compensate you first for your injuries and damages.

Documenting Your Injuries and Damages for a Motorcycle Hit and Run Claim

After a motorcycle hit-and-run, your focus shifts to recovery and seeking compensation. Your claim would likely depend on your uninsured motorist (UM) coverage or be pursued through other sources since the at-fault driver is unknown or missing. Keeping track of your injury and all other damages to build your claim is vital, regardless of where you seek compensation.

In a personal injury claim, the damages typically fall into two categories.

  1. Economic Damages

Economic damages refer to the calculable monetary loss arising directly from the accident. They include:

  • Medical bills — These include past and future costs for hospital stays, doctor visits, surgeries, physical therapy, medications, and medical devices, as well as transportation to appointments
  • Lost income — These damages compensate you for money you missed out on from work due to driving to appointments and treatment.
  • Loss of earning capacity — The cost to repair or replace your damaged motorcycle, helmet, riding gear, and any other personal property that was destroyed in the crash

  1. Non-Economic Damages

Non-economic damages are more subjective and pay you for the intangible impact of your injuries. These damages include:

  • Pain and discomfort — The compensation covers physical pain and discomfort after your injuries and treatment.
  • Emotional distress — The jury award will cater for anxiety, depression, post-traumatic stress disorder, and other emotional injuries.
  • Loss of enjoyment of life — If you can no longer partake in hobbies and recreational activities and daily life events you enjoyed before the accident, you can seek compensation for this
  • Disfigurement and permanent disability — You may receive compensation for scarring, deformity, or permanent loss of physical function due to the injuries.

To claim these damages, you need proper documentation. The foundation of your injury claim is your medical records. Make sure to visit your healthcare professionals and doctors regularly. Follow their treatment regimen as expected and keep records of every visit. Periodically note every medical appointment, diagnosis, treatment, and prescription given to you. If you regularly visit the doctor, it shows that your injuries are serious. Moreover, it links those injuries directly to the accident.

Keeping documented records of all financial expenses is essential for economic damages. This includes the bills and receipts for medical treatment, therapy, medications, and medical travel expenses. Keep pay stubs or income statements to document lost wages. Furthermore, obtain written estimates on the repair of your bike and gear before the accident.

Furthermore, consider journaling about your experience. Make a record of your pain level every day. Also, write down how your injuries affect your ability to do daily tasks. Write down how you feel emotionally, with details of your obstacles. A personal story can help show the pain and suffering you went through and the more difficult parts of life since the accident. All of this is outside the financial and medical records. Through documentation, your attorney can assign a value to your claim to help you receive the full compensation you deserve from your insurance company or the driver if they are found.

Why Legal Representation Matters After a Hit and Run Motorcycle Accident

It is difficult to deal with a motorcycle hit-and-run incident. You are recovering both physically and mentally and are also dealing with ongoing legal problems and insurance issues, often without a responsible party. That is why hiring a knowledgeable personal injury lawyer with experience in motorcycle hit-and-run accidents is usually crucial to your case.

  1. Dealing with Insurance Companies on Your Behalf

Your attorney's key role will be dealing with insurance companies. With a hit-and-run, you generally deal with your insurance company for uninsured motorist (UM) or underinsured motorist (UIM) coverage. Although they are your insurance provider, remember they are a business, too. An experienced attorney knows their tactics and will work diligently to negotiate on your behalf for the appropriate payment due to you under your policy.

Your lawyer will also communicate and negotiate with the at-fault driver’s insurance company if they are found.

  1. Understanding Nevada's Hit and Run and Insurance Laws

Knowing the different Nevada laws and legal processes. The hit-and-run laws and insurance laws can be complex. If you enlist the help of a personal injury lawyer, they will have extensive knowledge of the laws that affect you, protecting your rights every step of the way.

  1. Conducting a Thorough Independent Investigation

Your lawyer can actively search for the runaway driver on your behalf. They could collect footage, speak to witnesses, and speak to accident reconstruction experts. This is often meant to go beyond what the police do.

  1. Accurately Valuing the Full Extent of Your Damages

Crucially, a lawyer helps in accurately valuing your claim. In addition to counting up medical bills, they know how to calculate the economic and non-economic damages. For instance, they know how to estimate future medical needs, lost earning capacity, and pain and suffering. It makes sure that you do not settle for less than you deserve.

  1. Negotiating Settlements with Experience and Skill

Your lawyer will handle all settlement negotiations. They know what a fair settlement looks like. They also have the skills needed to negotiate settlements with insurance adjusters. If a fair settlement cannot be reached, your lawyer will be ready to take your case to court, where he/she brings evidence and argues your case in front of a judge and jury.

  1. You Pay Nothing Unless You Win

Most personal injury lawyers will work on a contingency fee basis. That means no up-front costs for you, and the attorney is only paid if they win your case in a settlement or verdict. This enables you to secure skilled legal representation regardless of your finances.

Nevada's Statute of Limitations on Motorcycle Hit-and-Run Claims

Nevada law has strict deadlines on the time limit to file a lawsuit and the statute of limitations. If you let the time go by without making a claim, you may lose your right to receive compensation. This is true even if your case is a strong one.

The general statute of limitations for most personal injury claims in Nevada is two years. This is outlined under the Nevada Revised Statutes (NRS) 11.190(4)(e), which indicates a two-year limitation for actions for bodily injury or death due to wrongful act or neglect of another. This two-year clock usually starts from the date of the accident.

This applies to hit-and-run cases as well. While the at-fault driver may be unknown, you have two years to file a lawsuit in most cases. However, uninsured motorist coverage is usually your best bet to recover in a hit-and-run.

While the personal injury statute of limitations is generally two years, it is critical to understand that your particular policy for these claims may have separate and shorter notification or filing deadlines. According to your policy, you may have to inform your insurer of the hit-and-run accident within a few days or weeks, and the time limits for filing a UM claim may not be the same as the two-year state statute limits.

It is extremely dangerous to wait too long to contact an attorney. A lawyer will need to take some time after an accident to investigate the accident and secure any other required evidence, witnesses, and more. They want to know the full extent of your injuries and damages before the statute of limitations expires or any deadline specific to a policy. If there are delays, it can become harder to gather substantial evidence, affecting your ability to file a claim in time.

Find a Personal Injury Attorney Near Me

A hit and run leaves a motorcyclist injured, shaken, and facing an unjust situation. It may not have been your fault that the accident happened, but now you are left to suffer the consequences. You have to pay the bills and recover from injuries while the other driver walks away. You deserve justice and full compensation for your losses and injuries.

Do not let the complex hit-and-run claim or hassle with insurance companies overwhelm you. You need a powerful advocate on your side. Talk to the Las Vegas hit-and-run motorcycle accident experts at Dallas Horton & Associates today. Contact us at 702-820-5917 for a free consultation, and let us fight for you.