By Joseph S. Sciscento, Esq.
Typically, when you are involved in a motor vehicle accident, you should make sure that everyone is okay, call for medical attention if needed, exchange information with all parties, and contact the local police. But what if you are involved in an accident with an unattended vehicle?
This issue is addressed in NRS 484E.040 which reads as follows:
1. Except as otherwise provided in subsection 2, the driver of any vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
2. If the vehicle of a driver involved in a crash pursuant to subsection 1 is creating a hazard or obstructing traffic and can be moved safely, the driver shall, before meeting the requirements of subsection 1, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and minimizes interference with the free movement of traffic.
3. A person who violates this section is guilty of a misdemeanor.
You are required to immediately report the accident to the nearest police authority or the Nevada Highway Patrol.
Under NRS 484E.050 (1) The driver of a vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such crash to the nearest office of a police authority or of the Nevada Highway Patrol.
It is important to remember that failure to follow NRS 484E.040 and NRS 484.050 is a criminal matter, and you can be charged with a misdemeanor. What usually happens is the detectives from Traffic and/or Hit and Run detail will contact witnesses or review any video (ring doorbell, traffic video, security video), and then piece together a case against you. Once the Detectives determine the vehicle at fault, they will send a Notice to the offending party and request that they contact the office, or a warrant will be issued for their arrest. If you respond to the summons, you will be required to meet with the detectives, provide your license and insurance, and then, you will most likely receive multiple criminal citations. You will be required to go to Court to answer those citations, and you could face a fine and/or jail time.
If you are involved in an accident involving an unattended vehicle or property, please call us for legal advice.