Who is at Fault in Car Accidents?
If you suffered injuries in a car accident in Las Vegas, one of the most important steps to recovering compensation for your injuries is establishing who is responsible for the crash. In Nevada, you must prove someone else is at fault for a crash to obtain compensation for your lost wages, medical bills, pain and suffering, and other losses. While you gather evidence to make your case, the other driver and their insurer will likely look for a way to shift the blame onto you. That’s how they can avoid paying out a claim.
You can improve your chances of recovering the money you deserve by getting help from a Las Vegas car accident lawyer. At THE702FIRM Injury Attorneys, we know what it takes to establish someone else is at fault for a motor vehicle accident. We also understand that compensation may be the only way to avoid crushing financial debt after a serious accident. Our attorneys will work strategically to maximize compensation and get your life back on track.
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Legal Requirements After a Car Accident in Las Vegas
All drivers must fulfill specific legal obligations after a collision in Nevada. If you don’t meet the following requirements, you could be charged with a hit and run or other offenses:
- Call 911: If anyone sustained injuries in the crash or if it looks like there’s been more than $750 in property damage, state law requires you to report the accident.
- Provide aid to others: State law requires you to assist anyone you can. Calling 911 is usually enough to satisfy this requirement, but always try to provide first aid and follow the instructions from the operator.
- Move the vehicles away from traffic if possible: If you can move your vehicle out of the path of nearby traffic, do it. This will prevent any secondary crashes while you wait for police to arrive.
- Exchange contact and insurance information with the other driver(s): Get the name and insurance policy number for every driver involved in the crash. Also, collect their mailing address, physical address, phone number, email address, and driver’s license number. Details about the other vehicle also help, such as the license plate number, make and model, and color of the car. If there are any eyewitnesses to the crash, getting their names and contact information is a good idea but not required.
- Report the accident to the DMV: The police will generally report serious accidents to the DMV. But if not, file a report yourself within 10 days.
Keep in mind that these rules apply to all motor vehicle wrecks in Las Vegas, including car accidents, truck accidents, motorcycle crashes, and pedestrian collisions.
Nevada Mandatory Insurance Laws
The Nevada Department of Insurance requires all drivers to carry liability insurance. You must purchase at least these minimum amounts of coverage:
- $25,000 in bodily injury per person
- $50,000 in bodily injury per accident
- $20,000 per accident in property damage
While these are the minimum amounts required by law, they may not be enough protection if a serious car accident occurs. At THE702FIRM Injury Attorneys, we always recommend buying the most insurance coverage you can. In particular, uninsured/underinsured motorist coverage (UM/UIM) can help if you’re involved in a hit-and-run crash or the at-fault driver’s insurance isn’t enough to cover the full extent of your losses.
What Factors Determine Fault?
Nevada is not a no-fault state for car accidents. This law allows individuals to file a claim for compensation against another party if that party’s negligence contributed to the crash that injured them.
Negligence happens when someone with a legal duty to avoid harming you somehow fails in that responsibility. Not every accident or injury is the result of negligence. However, a party that doesn’t take reasonable care to prevent you from getting hurt could be held responsible for their oversight.
One common example of negligence in car accident claims is distracted driving. Since drivers should only focus on driving behind the wheel, they act negligently if they text while driving or engage in other activities.
Many different types of evidence can be used to determine fault in a car accident claim, including:
- Medical records
- Police accident reports
- Eyewitness accounts
- Photos and video from the accident scene
- Reports from forensic accident investigators
- Expert witness testimony
Comparative Negligence in Nevada
When you file an injury claim, you’ll need strong evidence to show the other driver is to blame for the crash. However, in cases where you are found partially responsible for an accident, you may still be able to recover compensation for your injuries.
Nevada follows a comparative negligence law in cases where more than one party is liable for an accident. This can be good news and bad news for victims in cases of shared fault. Under this rule, you can still recover money if you bear 50 percent or less of the responsibility for a car accident. But just one percentage point higher, and you lose your right to compensation. With such little margin for error, it’s a good idea to work with a personal injury attorney to defend your claim if challenges arise.
Is your insurance going to say you’re at fault?
@the702firm “Automatic at-fault” … sorta. Yes and no. Is your insurance going to say you’re at fault? Yes. Is it possible to prove you’re not? Also yes. Through dash cams. #team702 #lawyersoftiktok #rearended #lawyertalk #dashcam #dashcamvideos
How Will My Car Accident Attorney in Las Vegas Try to Settle My Case?
Most car accident claims resolve through settlements with the liable party’s insurance company, so this is what your car accident lawyer will attempt first. After building your case, your attorney will begin settlement negotiations demanding fair compensation for your losses. Ideally, you’ll be able to reach a settlement that covers most or all of your losses. But if the insurer refuses to settle, it may be necessary to bring your case to trial to seek the money you need.
The Las Vegas car accident lawyers at THE702FIRM Injury Attorneys are standing by to fight for justice and fair compensation for you. Learn more by contacting our office for a free initial consultation today.