Who is at Fault in Car Accidents?
Car accidents happen daily, leaving drivers and passengers with damages, injuries, and questions about what happens next. One of the most pressing concerns for accident victims is determining who is at fault. This question isn’t just about assigning blame—it impacts car accident claims, insurance payouts, and even legal responsibility. Misunderstanding fault can make the process more difficult, especially if the other driver’s insurer disputes your version of events.
The question of fault often stirs frustration and confusion. Insurance companies rely on a mix of evidence, police reports, and witness statements to decide. But what if the other driver’s insurer denies your claim? What if the police report isn’t accurate? Without proper guidance, victims might feel stuck between conflicting accounts and uncooperative car insurance companies.
At THE702FIRM Injury Attorneys, we know how overwhelming it feels to deal with car accident fault disputes. We work with accident victims in Las Vegas to gather the evidence they need, challenge inaccurate findings, and push back against uncooperative insurers. Don’t let car insurance companies minimize your claim or deny responsibility. Contact our team today to take the next step toward resolving your car accident case.
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Why You Should Consult THE702FIRM Injury Attorneys If You Are a Victim of a Car Accident
Being involved in a car accident can leave you dealing with serious injuries, damaged vehicles, and mounting stress. At THE702FIRM Injury Attorneys, we understand how overwhelming this situation can be and are here to help you every step of the way. Here’s why consulting our team is the right choice for Las Vegas car accident victims.
We Help You Prove the Fault
Establishing who is at fault is key to a successful injury claim. Our attorneys are skilled at gathering physical evidence, interviewing witnesses, and analyzing the auto accident scene. We build a strong case to hold the responsible party accountable under Nevada law.
We Handle Insurance Companies
Dealing with car insurance and insurance adjusters can be frustrating and intimidating. Adjusters may try to minimize your claim or pressure you to admit fault. Let us handle these negotiations to ensure you receive fair compensation for your injuries, vehicle damage, and other losses.
We Maximize Your Injury Claim
If you’ve suffered serious injuries, you deserve to be compensated for medical expenses, lost wages, and pain and suffering. Our team knows how to calculate the full value of your claim and fight for what you deserve.
We Protect Your Rights
Nevada law has specific requirements for filing an injury claim after a car accident. Missing deadlines or making mistakes can harm your case. We’ll guide you through the legal process to protect your rights and ensure compliance with all legal requirements.
We Understand the Impact of Serious Injuries
A car accident can change your life in an instant. From the immediate pain to the long-term effects of recovery, we know how serious injuries affect your physical, emotional, and financial well-being. We aim to ease your burden and secure the compensation you need to move forward.
Legal Requirements After a Car Accident in Las Vegas
Understanding your legal responsibilities is essential if you’re involved in a Las Vegas car accident. Nevada law requires specific steps to protect your rights and comply with state regulations. Here’s a breakdown of what you need to do:
1. Stop and Exchange Information
Nevada law requires all drivers involved in an accident to stop at the scene. Failing to do so can result in legal penalties. You must exchange information with the other driver, including:
- Name and contact information
- Driver’s license number
- Vehicle registration
- Insurance policy details
2. Call the Police
If the accident involves serious injuries, fatalities, or significant vehicle damage, you must report it to the police. A police report is critical for proving fault in a car accident case. It is an official record and details the accident scene, the drivers involved, and any potential witnesses.
3. Gather Evidence
Document the accident scene thoroughly. Take photos of:
- All vehicles involved and their positions
- Skid marks and debris
- Road signs, signals, or speed limits
- Any visible vehicle damage or injuries
This evidence can help when working with car insurance companies and determining fault for an accident. If there are witnesses, ask for their contact information.
4. Notify Your Insurer
Inform your insurer about the accident as soon as possible. Most car insurance policies require prompt notification. Provide accurate details, but avoid speculating about the driver’s fault. Let the insurance adjuster handle investigating the accident.
5. Seek Medical Attention
Even if you feel fine, schedule a medical evaluation. Some bodily injuries, such as whiplash or broken bones, may not be immediately noticeable. Medical records are key when filing an injury claim or seeking compensation for medical expenses and lost wages.
6. Avoid Admitting Fault
Do not apologize or admit fault at the scene. Determining car accident faults is a complex process that involves evaluating physical evidence and testimony. Let your car accident lawyer or insurer address this during the claim process.
7. File a Claim
If you’ve suffered injuries or property damage, file a claim with the other driver’s insurer or your own insurer, depending on the situation. In at-fault accidents, the responsible parties may be held liable for damages, including medical costs and vehicle repairs.
8. Consult a Lawyer
If you face challenges with insurance companies, disputes over car accident faults, or severe injuries, contact a Las Vegas accident lawyer for immediate assistance. Many law firms offer a free consultation and can help you secure a fair settlement for your losses.
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 possible. 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?
@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
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, you lose your compensation right. 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.
Settle Your Accident Case with the Help of an Experienced Car Accident Attorney in Las Vegas
Most car accident claims are resolved 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, bringing your case to trial may be necessary 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.