Who is at Fault in Rear-End Accident in Las Vegas

How common are rear-end crashes?

Rear-end car accidents are among the most common types of car crashes on the road. This is because rear-end accidents often occur in the same lane, when one car gets hit in the rear by a car that was traveling directly behind them.

Is Nevada an at-fault state?

Since Nevada is an at-fault state, the majority of the claim for a Nevada accident is sorting out fault. Determining which party is liable and at fault for the incident is essential for the accident victim to prove their case.

Who is at fault for rear-end crashes in Nevada?

The Nevada rear-end collision law is Nevada Revised Statutes (NRS) 484B.127. This statute states that a driver must leave a reasonable and prudent space between them and the vehicle in front of them. The Nevada rear-end collision law makes it a misdemeanor moving violation if a driver fails to leave a reasonable distance between vehicles.

Common evidence that proves fault

The evidence that proves fault (which driver caused the rear-end collision) is typically easy to prove given the damage caused to the vehicles and any police reports detailing the aftermath of the incident. Other evidence may include whether either driver was being negligent and may have been distracted at the time or stopped abruptly.

Since Nevada law 484B.127 prohibits following the driver ahead of you too closely, a driver who causes a rear-end crash by tailgating is typically liable for negligence. That means the victim only needs to prove that the driver violated the law and that it caused an accident.

All the victim has to prove is that the driver violated the law. The victim does not need to prove that it was unreasonable for the other driver to follow too closely. The victim must also verify the amount of their damages.

Is the front driver at fault?

You are almost never at fault after being rear-ended. Usually, it’s the car behind you that’s at fault for allowing their vehicle too close to yours. The law usually places responsibility on the driver who is traveling behind to pay attention to the road and maintain the ability to stop with enough space between them and the driver ahead of them.

Is the rear driver at fault?

As mentioned above, yes, the rear driver is typically at fault unless extenuating circumstances apply to the situation. Of course, there may be some exceptions, like when a driver stops in a lane of travel and backs up into a stopped vehicle behind them or stops short without any notice.

Others who may be at fault

While many rear-end collisions may appear to be straightforward in determining fault, it’s essential to consider others who may have some liability, such as other drivers or passengers involved in the incident.

What to do if I’m at fault?

If you’re at fault, it’s important to contact a car accident attorney right away to discuss your legal rights and any arguments you may have in your favor. The sooner you contact a car accident attorney, the stronger your defensive argument will be, giving you a better chance at reaching a lower and favorable settlement amount.

Can someone be partially at fault?

Although it’s uncommon for multiple parties to be at fault in a car accident case, there are some jurisdictions that allow for comparative fault. This means that the person who is at fault may split the responsibility with another party involved. 

What if I was partially at fault?

If you were partially at fault in the rear-end collision, it’s important to discuss your situation with a car accident attorney as soon as possible to discuss your case and collect evidence to build your argument.

Accidents involving multiple cars

Finding out who is at fault in a car accident in which multiple vehicles are involved is quite difficult and more complicated than a two-car collision; however, the process is similar. It can vary depending on the specific circumstances and jurisdiction. In multi-car crashes, it’s important to seek legal advice from an experienced car accident attorney. 

What damages can I recover?

Fortunately for car accident victims, there are many different options for money damages that can be recovered, most of which can ease the financial burden the car accident has placed on the victims. The main damages that can be recovered include:

Medical expenses

First and foremost, covering your medical expenses is one of the biggest things car accident victims need to take care of. Medical expenses can stack up pretty quickly, beginning at the time of the incident, and will often continue to pile up when taking future medical care expenses into consideration. Receiving financial compensation for money expenses allows car accident victims to take care of their past, current, and future medical care without having to worry how they’ll afford it.

Pain and suffering

Since Nevada is an at-fault state, car accident victims can include the full value of their claim based on traditional negligence laws. This means that car accident victims may make a claim for expenses beyond typical medical bills and other economic losses. One of these additional claims that can be made is for the pain and suffering of the victim. For car accident victims who suffer from long-term disabilities, receiving compensation for pain and suffering can be very useful. 

Emotional damage and trauma

Similar to pain and suffering, car accident victims may be compensated for any emotional damage and trauma they have experienced as a result of the accident. Many car accident victims suffer from post traumatic stress disorder (PTSD) that renders them incapable of getting back behind the wheel of a vehicle. 

PTSD and other emotional damage from a car accident can be incredibly difficult for car accident victims to navigate, so it’s important to receive proper compensation for these damages.

Lost wages

Many car accident victims suffer from lost income as a result of their injuries preventing them from returning to work or maintaining a job. This can be compensated through a car accident settlement and often include any paychecks the victim may have lost due to being unable to return to work after the accident and loss of future income if the victim has a long-term disability.

Property damage

Property damage is a common claim made in car accident cases, and, understandably so, given the fact that the victim’s vehicle often incurs damage to some extent as a result of the accident. Property damage can be compensated in settlements so the victims may pay for their auto bills or restore any other property damaged by the accident.

Common car damage

Common car damage that occurs after a car accident includes: 

• Alignment problems
• Engine damage
• Suspension damage
• Electrical issues

These types of car damage and more can be compensated under property damage in your car accident lawsuit.

What are common rear-end car accident injuries?

There are many different injuries that can occur as a result of a rear-end car crash. Some of the most common injuries victims suffer after a rear-end collision include: 

• Whiplash
• Traumatic brain injury
• Facial and eye injuries
• Back and spinal injuries
• Fractures
• Neck and shoulder injuries
• Amputations
• Burns
• Fatalities

Regardless of the type of injuries you have incurred, an experienced car accident attorney will be able to fight to ensure you are properly compensated.

Average car accident settlements

Given the many different factors and elements that must be considered when determining a car accident settlement, settlement amounts can range from being a few thousand to multi-millions of dollars. Studies have shown the average compensation for injured car accident victims was $29,700, while victims who suffered no injuries were typically compensated $16,700.

How can an auto accident lawyer help me?

The legal professionals at Adam S. Kutner, Injury Attorneys, have years of experience helping accident victims navigate the confusing car accident laws in Nevada. These skilled attorneys understand everything there is to know about handling car accident cases in Nevada, and can thoroughly explain Nevada’s legal system to whomever they are representing. 

Adam S. Kutner’s impressive team of car accident attorneys will help you build your case and ensure you receive the settlement amount you deserve.