What Do I Do If I’m Injured by an Out-of-State Driver?

From paddleboarding the crystalline waters of Tahoe to skiing down a secret fluffy slope on Sierra Nevada mountains, indulging in boutique shopping along the Truckee River, or basking in the sun during our hundreds of days of sunshine per year, time flies when you’re having fun. Even after the sun sets, there’s still plenty to do including visiting unique restaurants with a large selection of independently crafted brews, to dancing the night away at our exciting nightclubs and lounges. It’s no wonder our town sees hundreds of thousands of visitors a year.

While these tourists are a boon to Reno’s economy, they can also pose risks to those of us who choose to live here year-round. Visitors who don’t know their way around our city, who do not know the roads as well as the people who drive to work or school here everyday, may end up causing an accident that leaves you injured. In these instances, it is important to know what to do next, and filing a personal injury lawsuit against an out-of-state driver differs from filing against a native Renonite.

If you are injured in a car crash involving an out-of-state driver, the first thing you should do is speak with a local lawyer. Because the accident occurred in Reno, your case can be filed in Washoe County. That means you will need an attorney who is admitted to practice in Nevada.

Do you want to file a lawsuit in Nevada?

Nevada follows a modified comparative negligence doctrine. Essentially, this means that as long as you are less than 50% at-fault for the crash, you can seek damages for your losses.

However, some of our neighboring states – including Arizona and California – follow a pure comparative negligence standard, which means anyone who is injured in any way can file a claim for damage, with the understanding that the award will be reduced by the amount of fault you share.

So – what does this mean?

Say you are driving through an intersection and another driver blows a stop sign and hits you. Assuming you were following all traffic laws, it may be to your benefit to file in Nevada because you are not at fault for your injuries. However, if you were speeding through that intersection, or if you were engaged in some other activity that left you distracted, you might be deemed equally at fault. In this case, you may want to file in the driver’s home state if it would be a better outcome for you.

The important thing to know here is that under our laws, you should have a choice where you file.

What challenges can arise from a claim with an out-of-state driver?

When filing a claim against an out-of-state driver, there may be some hurdles to overcome in order to secure a settlement against them. This may call for the process to take longer. Some of these difficulties include:

• Locating the driver. Identifying and locating an out-of-state driver who caused the accident can be stressful and difficult. The distance and lack of familiarity with the area can slow the process of obtaining their information and ensuring they are held responsible.
• Inadequate insurance coverage. There’s a possibility that the out-of-state driver may not carry sufficient insurance coverage to fully compensate for the damages. Dealing with insufficient insurance can leave you with financial burdens even if you’re not at fault.
• Counter lawsuits. An out-of-state driver might opt to file a counter lawsuit, claiming that you were responsible for the accident. This can prolong the legal process and require additional legal representation to defend your case.
• Insurance non-compliance. Insurance regulations vary across states, and the out-of-state driver’s insurance company might not be compliant with your state’s requirements. This can lead to difficulties in processing the claim smoothly.
• Insurance company challenges. Insurance companies of out-of-state drivers might be less willing to cooperate, leading to delays or disputes in settling the claim. This could result in long waiting times for compensation.

These are important reasons why having an experienced car accident attorney of your own is important. A lawyer who knows how to handle lawsuits concerning accidents with out-of-state drivers can maneuver expertly around these barriers so that you can receive the compensation you are owed.

What happens if there’s a trial for my Reno car accident case?

A trial out of state will contain many similarities to in-state trials. If you have to have your trial in a different state, you will still be prepped for your trial by your attorney; and out-of-state drivers, passengers, and witnesses may be included in the trial through video depositions if they are unable to make it to the trial physically.

When it comes to summoning witnesses, there are steps that need to be taken. In Nevada, if someone needs to be compelled to give testimony in another state, a certificate is required. This certificate should be presented to a court in the county where the witness is located. It must indicate that a court in the state where the legal proceeding is taking place is commanding the presence of the witness from Nevada. Importantly, the state where the testimony is required must also have laws that allow for out-of-state witnesses to be compelled to testify.

After receiving the certificate, the Nevada court examines the details of the legal proceedings and the witness’s importance. If approved, a hearing is scheduled, where the judge determines the witness’s relevance to the case and potential hardships. They also assess whether the other state will protect the witness during their testimony. If all conditions are met, the Nevada court can issue a subpoena, instructing the witness to go to the other state, or order the witness to be handed over to the requesting state’s officer.

Nevada law also outlines procedures for summoning witnesses from other states to testify in Nevada proceedings, following a similar process. A judge in Nevada first certifies the need for the witness’s testimony in a grand jury or criminal case. This certification is then presented to a judge in the county where the witness resides, triggering a hearing to determine whether the witness can be compelled to travel to Nevada to provide testimony. If the court in the witness’s county issues a summons or orders custody, the witness may face consequences for failing to comply without justification.

What types of risks do Reno’s tourists pose?

As with tourists in most cities, an increased amount of people in one place who are unfamiliar with the roads can certainly increase the likelihood of causing accidents. The types of hazards visiting drivers may cause include:

• Congestion. The surge in tourists often leads to increased traffic congestion, particularly in popular areas and near attractions. Heavy traffic can result in slow-moving vehicles, frequent stops, and a higher chance of rear-end collisions.
• Distracted driving. Tourists may be preoccupied with navigating unfamiliar routes or using GPS devices to find their destinations. This distraction can cause drivers to take their eyes off the road, leading to accidents and near-misses.
• Erratic driving behavior. Some tourists may drive erratically or indecisively due to uncertainty about directions or sudden decisions to make unplanned stops. This unpredictability can create hazardous situations for other drivers on the road.
• Unfamiliar road conditions. Visitors may not be familiar with the local road conditions, traffic rules, or common driving practices. This lack of awareness can lead to unsafe driving maneuvers or misunderstanding road signs, leading to potential accidents.
• Driving under the influence. In tourist hotspots, there is an increased likelihood of nightlife activities, and some tourists may choose to drink and then drive. Driving under the influence poses a significant risk to both the intoxicated driver and other road users.
• Increased pedestrian traffic. Popular tourist areas often have higher pedestrian foot traffic, and drivers may not anticipate their presence, resulting in accidents involving pedestrians.

A car accident can cause serious injuries, and if the car accident was caused by an out-of-state driver, receiving compensation for your medical treatments, damages, and pain and suffering can be a little more complicated than the usual legal process with a fellow in-state driver.

If you or someone you care about has been involved in a car accident in Reno, don’t hesitate to reach out to Claggett & Sykes Law Firm. Our dedicated team of Reno car accident lawyers is here to provide compassionate support and expert guidance throughout every stage of the legal process. Whether you are seeking compensation for injuries or dealing with the loss of a loved one, we are ready to help. Take the first step towards getting the assistance you need by scheduling a free consultation through our contact page or by giving us a call in Reno today. We also serve the community of Las Vegas, as well as clients throughout Nevada.