Who Is Liable in a Car Accident in Las Vegas?
Most people can expect to be involved in a car accident at some point in their lifetimes.
Las Vegas drivers appear to be at a higher risk. In Allstate’s most recent Best Drivers Report, Vegas drivers averaged roughly one car crash every 8.35 years and are 26.7 percent more likely to be involved in a collision than the national average.
If you were hurt in a Las Vegas car accident, your right to compensation hinges on whether you can prove that someone else is responsible for the crash and your injuries. A successful injury claim can award Nevada victims money for losses, including medical bills, lost wages, vehicle repair costs, pain and suffering, and more.
However, identifying who is at fault for an accident is not always easy. Let a car accident lawyer from THE702FIRM Injury Attorneys investigate the crash to determine every liable party. We tackle every case with vigor to meet your urgent financial needs, both for now and in the future.
Call or contact us today for a free consultation.
Who Can Be Held Liable For a Car Accident?
Numerous parties may be liable for a Nevada car crash, including:
- Other motorists: In a standard two-vehicle crash, one or both drivers may be at fault. If injured victims can prove that one driver is clearly to blame, the responsible driver may be fully liable for the effects of the accident. Nevada law also allows victims to recover partial compensation in some instances of shared fault.
- Absent vehicle owners: Sometimes, a vehicle owner can be held liable for a crash even if they weren’t present based on Nevada’s negligent entrustment laws. If the owner lent their vehicle to an unlicensed or otherwise unfit driver, they might be responsible for damage caused by the driver.
- Motorcycle and bicycle riders: Motorcyclists and bicyclists are involved in many Las Vegas traffic accidents. In some cases, the rider might be at fault. If a motorcycle rider or cyclist fails to yield the proper right-of-way or ignores posted traffic signs, they may be financially responsible for a resulting car accident.
- Pedestrians: Las Vegas is teeming with pedestrian foot traffic, which means pedestrian accidents are unfortunately common. A pedestrian might bear some responsibility in a car accident if they were drunk, jaywalking, or otherwise violating traffic laws in a way that endangered themselves on or near the road.
- Commercial vehicle operators: Negligent drivers of large commercial vehicles like semi-trucks, limousines, and buses also cause car accidents in Las Vegas. These collisions can cause catastrophic damage, and victims may be able to hold drivers, their employers, or other potential defendants liable for their losses.
- Car manufacturers: Automakers may be partially or fully liable for the crash caused by a faulty or defective vehicle part. Injured victims who can show that a manufacturer was negligent may seek compensation from the company.
- Auto mechanics: If a repair shop is negligent in the inspection or maintenance of a vehicle, the failure of a critical system such as the brakes or steering can lead to a crash. Careless mechanics or the shops that employ them might be liable if they contributed to the wreck.
- Government agencies: If a government employee causes an accident or the negligence of a government entity contributes to an accident somehow, injured victims may have grounds to file a claim against a government agency. These cases are handled differently than the average personal injury claim. You should seek a car accident lawyer’s help right away if you suspect you have a claim.
Evidence is Essential to Prove Liability
You can’t collect compensation without solid proof that another party is responsible for your injuries. A knowledgeable Las Vegas car accident attorney can collect and preserve valuable evidence needed to support your claim, such as:
- Police accident reports, which often contain vital evidence and an initial determination regarding who was at fault
- Medical records and bills from your accident-related treatment
- Bills, pay stubs, and receipts to demonstrate wage losses and other accident-related costs
- Photos of the accident scene, including damage to the vehicle, your injuries, and other environmental evidence (e.g., skid marks, shattered glass, etc.)
- Contact information for everyone involved in the wreck
- Witness statements
- Video footage from nearby traffic or security cameras
- Cell phone or GPS records from other drivers or vehicles
Some evidence, such as cell phone records, can be difficult for private individuals to access without an attorney’s help. THE702FIRM Injury Attorneys can subpoena the evidence needed to build the strongest claim for you.
What Happens if a Company is Liable?
There are times when a business can be held liable for a wreck. This might happen when:
- Negligent employees crash company cars.
- A collision occurs due to a defective vehicle component.
- A commercial vehicle was not adequately maintained.
- A company hires unqualified or inexperienced drivers.
When a company is partially or entirely to blame for a Nevada car accident, accident victims may have difficulty recovering the compensation they need. Businesses tend to have more extensive insurance policies and aggressive insurance representatives who will do everything they can to deny or diminish your claim to save the company money. It’s highly recommended to hire a lawyer if a corporation is a potential defendant in your case.
What Happens if the Other Driver is Responsible?
If another motorist is responsible for the accident, your first step in pursuing compensation will be to file an injury claim against their auto insurance provider. An insurance adjuster will begin investigating the claim to make their own decision about who is at fault.
Nevada is a “fault” state, which means that a person’s ability to collect compensation for their injuries can be reduced if they are assigned more than 50 percent of the liability for the accident. If you are found to be more than 50 percent to blame, you cannot collect any compensation at all.
What does that mean? You can bet that the other driver’s insurer will do all they can to push fault for the car accident onto you. If they are successful, your settlement could be significantly reduced or entirely denied.
Suppose the other driver does not have adequate insurance coverage. In that case, you may be able to collect compensation from your own insurer if you purchased uninsured or underinsured motorist coverage (UM/UIM) or Medpay coverage. But even though your insurance company is supposed to protect you, you may still struggle to receive a full and fair settlement. An experienced car accident lawyer will stand up for you and demand that you are compensated fairly.
What If Multiple Parties Are Involved?
If multiple parties are involved in a car accident, fault will still be decided by assigning a percentage of fault to each of the at-fault parties. These cases can get particularly complicated as insurers squabble over their policyholders’ portion of the blame. Keep in mind that a financial recovery is still possible even if you are partly responsible for the wreck. However, the best way to maximize your potential compensation is by working with a skilled attorney who will negotiate aggressively for a fair outcome.
Contact a Las Vegas Car Accident Lawyer Today
At THE702FIRM Injury Attorneys, our car accident lawyers are committed to helping those who’ve been hurt get back on their feet. With over 130 years of combined experience, our legal team has recovered millions of dollars for our clients. We can get started on your case immediately. Call us or contact us online for a free case evaluation now.