hit by california driver in nevada filing out of state lawsuits

Were you hit by a California Driver in Nevada? Are you looking to learn more about the process for filing a personal injury lawsuit against an out-of-state driver? If so, sit back and allow our car accident lawyer to explain the process so you may know what to expect when filing a personal injury claim.

If TL;DR, you can skip to the short version.

Introduction

Las Vegas is a hotspot for millions of visitors each year, and a healthy portion of those visitors come from Nevada’s neighboring state, California. Accidents caused by a California driver can cause questions to arise when it comes to a Las Vegas resident filing a lawsuit against a person in another state.

In the State of Nevada, prior to hearing a court case against a person, the court must maintain jurisdiction over that person. As a default rule, all Courts maintain jurisdiction over its residents; however, maintaining jurisdiction over a California resident requires a more in-depth analysis.

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Nevada’s Personal Jurisdiction Requirements for California Defendants

Nevada courts adhere to federal due process standards to establish personal jurisdiction over defendants outside the state, as stated in NRS 14.065. It’s crucial to understand that personal jurisdiction necessitates serving the defendant with legal process. This means the defendant must receive a summons and a copy of the plaintiff’s complaint, ensuring they have the opportunity to respond.

According to Nev. R. Civ. P. 4(d)(6), this service can be accomplished by delivering the documents directly to the defendant, leaving them at the defendant’s home with a responsible person, or handing them to the defendant’s authorized representative, such as their lawyer. This can be challenging because some defendants evade service or are difficult to locate.

Nevada law allows service by mail with court approval if a defendant hides behind a locked gate, although typically, service by mail is not permitted (NRS 14.090).

For out-of-state defendants, such as a California defendant, hiring a professional process server where the defendant resides is often necessary.

Exceptions for Serving Process on Drivers Involved in Car Crashes in Nevada

Nevada law provides a specific exception for drivers involved in car accidents. According to this rule, anyone driving within Nevada automatically appoints the Director of the Department of Motor Vehicles as their agent for service of process.

In these circumstances, the plaintiff needs to provide the DMV with a copy of the summons and complaint, pay a $5 fee, and mail another copy to the defendant’s address listed at the time of the accident, as outlined in NRS 14.070.

Requirements for Nevada Courts to Establish Personal Jurisdiction Over California Defendants

Delivering legal documents to a defendant alone is insufficient for establishing a court’s personal jurisdiction. For a Nevada court to have jurisdiction over an out-of-state defendant, three criteria must be satisfied:

  1. The defendant must have intentionally engaged in activities or conducted a transaction with a Nevada resident, or otherwise “purposefully avail himself of the privilege of conducting activities” in Nevada, thus invoking the benefits and protections of its laws.
  2. The plaintiff’s claim must arise from the defendant’s activities related to Nevada.
  3. Exercising jurisdiction must align with principles of “fair play and substantial justice.”

The Pebble Beach Co. v. Caddy, 453 F.3d 1151 (9th Cir. 2006) case discusses these requirements, highlighting that the defendant must have intentionally directed activities towards the forum state, and the claim must originate from those activities. If these conditions are met, jurisdiction must be reasonable.

In complex cases, defendants often have no physical presence in the jurisdiction. For personal injury cases, causing the injury in Nevada might suffice. However, if the injury occurred outside Nevada, establishing jurisdiction is more challenging because the defendant did not direct activities at Nevada.

In such situations, filing a lawsuit where the defendant resides or where the incident occurred may be necessary.

If a Nevada Resident is Involved in a Car Accident with a California Driver

Ensure everyone is okay & call for medical assistance. If a Nevada resident is involved in a car accident with a California driver, they should first ensure everyone’s safety and call for medical assistance if needed.

Call the police. Next, they must report the accident to local law enforcement and gather all relevant information from the California driver, including their contact and insurance details.

Document the scene. Documenting the scene with photographs and witness statements is crucial. The Nevada resident should promptly notify their insurance company and may need to file a claim with the California driver’s insurer if the latter is at fault.

Establish personal jurisdiction. Establishing personal jurisdiction is essential for legal proceedings, which requires showing that the California driver engaged in activities within Nevada.

Serve legal documents. Serving legal documents may necessitate hiring a professional process server in California or using Nevada’s DMV service process for accidents within the state.

OR you can simply call an experienced personal injury lawyer. Consulting a personal injury attorney, especially one licensed in both Nevada and California, can help navigate these complexities.

Call Brian Boyer’s Injury Firm

At Brian Boyer Injury & Car Accident Lawyer Las Vegas, our attorney is licensed in both California and Nevada. So, if you live in Nevada and are hit by a California driver, you need not worry. Call Brian Boyer and let him handle the complex legal processes while you focus on what matters the most: recovering.

Call us at any time at 702-514-1414.

 

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