Car crashes happen fast. What you do in the first minutes and hours can protect your health and can also protect your ability to prove fault and damages later. Nevada law imposes specific duties at the scene of a crash, and Nevada courts repeatedly emphasize that fault and negligence are usually fact questions—meaning the details you preserve early can make or break a case.
This article is general information, not legal advice.
The 10-minute checklist at the scene
1) Get to safety—but do not “hit and run”
If the crash involves injury or death, Nevada law requires the driver to stop at the scene and remain as required. (NRS 484E.010).
If it’s property damage only, Nevada law still requires you to stop and (in certain circumstances) move the vehicle to reduce hazards. (NRS 484E.020).
Practical tip: Turn on hazards, move to a safe location if you can do so safely, and call 911.
2) Call 911 and request medical help if anyone may be hurt
Nevada law requires a driver involved in a crash to render reasonable assistance to any injured person (including arranging transportation for medical care if needed). (NRS 484E.030).
Even if you feel “okay,” many crash injuries are delayed. Getting checked creates an early medical record and helps prevent an insurer from later arguing your symptoms came from something else.
3) Exchange the required information (and get the other driver’s insurance details)
Nevada requires drivers to provide identifying information and to render aid. (NRS 484E.030.)
At minimum, collect:
- Full name, address, phone
- Driver’s license number
- License plate and vehicle info
- Insurance carrier + policy number (if available)
- Photos of the vehicles, damage, and the scene
4) Identify and photograph witnesses immediately
Witnesses disappear quickly. If negligence becomes disputed later, neutral witnesses often decide the case.
Nevada appellate courts have repeatedly stressed that negligence issues are generally for the jury, and summary judgment is disfavored in negligence cases where facts are genuinely disputed. (Harrington v. Syufy Enters., 113 Nev. 246, 931 P.2d 1378 (1997); Riley v. OPP IX L.P., 112 Nev. 826, 919 P.2d 1071 (1996); Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984)).
5) Take “proof photos” before vehicles are moved (if safe)
If it’s safe, photograph:
- Vehicle positions, debris, skid marks
- Traffic signals, signs, lane markings
- Lighting conditions and visibility
- Any obstructions or road defects
- Your visible injuries
These details matter because fault is often contested through comparative negligence. Nevada uses comparative negligence, and the jury is typically asked to apportion fault. (NRS 41.141; Anderson v. Baltrusaitis, 113 Nev. 963, 944 P.2d 797 (1997); Shepard v. Harrison, 100 Nev. 178, 678 P.2d 670 (1984)).
6) Do not “admit fault” at the scene
It’s fine to check on people and exchange information. But avoid statements like “I’m sorry” or “I didn’t see you” that can be twisted into admissions.
Even where someone appears clearly responsible, Nevada law generally treats negligence and comparative fault as jury questions. (Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984); Anderson v. Baltrusaitis, 113 Nev. 963, 944 P.2d 797 (1997)).
7) Preserve evidence (dashcam, phone video, vehicle data)
Preservation is not just practical—it can become a legal issue. Nevada recognizes remedies and sanctions for spoliation (destruction or loss of evidence), including adverse-inference-type relief in appropriate cases. (Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006); Reingold v. Wet ’N Wild Nev., Inc., 113 Nev. 967, 944 P.2d 800 (1997)).
Practical tip: Back up dashcam files immediately. Don’t “wipe” your phone. Don’t repair the vehicle until it’s documented.
What to do in the first 24–72 hours after the crash
8) Get the correct crash report process started
If law enforcement investigates: an officer typically prepares a report. Nevada law provides that police reports made pursuant to NRS 484E.110 are not confidential. (NRS 484E.110).
If law enforcement does not investigate at the scene: Nevada requires a written/electronic crash report to the Department (commonly the SR-1 process) in situations covered by statute, and the statute addresses confidentiality and evidentiary limits. (NRS 484E.070).
A key point people miss: the report required by NRS 484E.070 is generally for confidential use and is limited in how it can be used as evidence at trial, subject to the statute’s exceptions and certificate provisions. (NRS 484E.070).
9) Start medical documentation right away and follow up
A common defense in injury claims is: “You weren’t really hurt,” or “You waited too long.”
Also, Nevada recognizes the general principle that a party cannot recover losses that could have been avoided by reasonable efforts (mitigation). (Conner v. S. Nev. Paving, Inc., 103 Nev. 353, 741 P.2d 800 (1987); James Hardie Gypsum (Nev.), Inc. v. Inquipco, 112 Nev. 1397, 929 P.2d 903 (1996)).
10) Track expenses and impacts immediately
Keep a simple log:
- Medical visits, prescriptions, mileage
- Missed work and wage loss
- Pain/symptoms day-to-day
- Household limitations and activities you can’t do
These details help prove damages later and can help counter arguments that your injuries were minor or unrelated.
Why evidence matters so much in Nevada: comparative negligence and “jury questions”
Nevada is a comparative negligence state. Generally, a plaintiff’s negligence does not bar recovery unless it exceeds the defendants’ negligence, and damages are reduced by the plaintiff’s percentage of fault. (NRS 41.141).
Nevada appellate courts repeatedly emphasize:
- Negligence is usually a fact question for the jury. (Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984)).
- Courts are reluctant to affirm summary judgment in negligence cases. (Harrington v. Syufy Enters., 113 Nev. 246, 931 P.2d 1378 (1997); Riley v. OPP IX L.P., 112 Nev. 826, 919 P.2d 1071 (1996)).
- Litigants should not be deprived of a trial on the merits if there is the slightest doubt as to operative facts. (Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 805 P.2d 589 (1991); Doud v. Las Vegas Hilton Corp., 109 Nev. 1096, 864 P.2d 796 (1993)).
That is why the “boring” steps—photos, witnesses, documentation—matter so much.
Nevada Legal Authorities Cited
Statutes / Regulations
- NRS 484E.010
- NRS 484E.020
- NRS 484E.030
- NRS 484E.070
- NRS 484E.110
- NRS 41.141
Nevada Case Law
- Anderson v. Baltrusaitis, 113 Nev. 963, 944 P.2d 797 (1997)
- Harrington v. Syufy Enters., 113 Nev. 246, 931 P.2d 1378 (1997)
- Riley v. OPP IX L.P., 112 Nev. 826, 919 P.2d 1071 (1996)
- Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984)
- Shepard v. Harrison, 100 Nev. 178, 678 P.2d 670 (1984)
- Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 805 P.2d 589 (1991)
- Doud v. Las Vegas Hilton Corp., 109 Nev. 1096, 864 P.2d 796 (1993)
- Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006)
- Reingold v. Wet ’N Wild Nev., Inc., 113 Nev. 967, 944 P.2d 800 (1997)
- Conner v. S. Nev. Paving, Inc., 103 Nev. 353, 741 P.2d 800 (1987)
- James Hardie Gypsum (Nev.), Inc. v. Inquipco, 112 Nev. 1397, 929 P.2d 903 (1996)
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com