How To Tell Who Hit Whom In A Car Accident

How Is Fault Determined In A Car Accident?

Fault in a car accident is determined in various ways, such as:

• Did either party violate a traffic ordinance, such as speeding, failure to yield the right-of-way, running a red light, etc.?
• Was the person following too close for conditions?
• What were the weather conditions during the accident?
• Was either driver under the influence of drugs or alcohol?
• What do witnesses say occurred? 
• Has either driver admitted to being at fault?

Another important consideration is the percentage of each party’s fault. In Nevada, comparative negligence is used to determine fault in a car accident. With comparative negligence, each party is assigned a percentage they are determined to be at fault. 

The amount of fault can vary based on the specific circumstances surrounding the accident. However, in order to seek damages from the other party, you must be 49% or less at fault. For example, it is determined you were 25% at fault. You can seek damages from the other party for 75% of the total damages you are entitled to receive. So, if your total settlement is $50,000, you would receive $37,500 as the actual settlement amount since you were 25% at fault.  

Is The Car With More Damage At Fault?

The car with the most damage is not always at fault. Numerous factors could result in one vehicle having more damage than the other. For instance, one vehicle is a heavy-duty large truck that hits a compact car. The compact car is going to be more damaged than the heavy-duty truck. 

Vehicle damages are influenced by:

• The speed the vehicles were traveling at impact
• The weather conditions
• The angle of collision
• The types of vehicles involved

How To Tell Who Hit Whom In A Car Accident

Some key indicators that could help to determine who hit whom after a car accident are:

• The location of damage: The area of the vehicle that is damaged could potentially indicate who was at fault. For example, rear-end damage would indicate the car was rear-ended.
• Witness statements: Witnesses can provide useful information about the direction the vehicles were traveling and who hit whom. 
• Skid marks and other property damage: This could include skid marks or other property damage, such as a vehicle slamming its brakes to avoid crashing into you, leaving marks on the road, or swerving and hitting other property damage.
• Police report: The information in police reports can provide insight into who hit which vehicle. 
• Accident reconstruction experts: For more complex accidents, when it is difficult to determine who hit whom, accident reconstruction experts can be used to reconstruct the accident.  

Car Accident Fault Determination Rules

Nevada is an at-fault state, which means the person responsible for the car accident is usually considered at fault. However, the state also uses comparative negligence, as mentioned previously. So, you could be partially at fault in certain situations. 

Nevada law requires all motor vehicles to have minimum insurance requirements to cover damages and injuries resulting from you being found at fault, which, as of 2023, were:

• $25,000 for bodily injury or death to another person
• $50,000 for bodily injury or death to two or more people
• $20,000 for property damage

Besides these minimum requirements, drivers may elect to purchase higher coverage amounts as well as other insurance coverage, such as:

• Underinsured/uninsured motorist coverage
• Medical payments (MedPay)
• Collision
• Comprehensive 

How To Gather Or Record Evidence Of Fault

While gathering and recording evidence is vital to establish fault, it should be your secondary concern. Your primary concern should always be treating any injuries as soon as possible. In cases where your injuries are not severe, and it is possible to gather and record evidence, you should:

• Call 911 and request police and medical assistance
• Take pictures of the accident scene in multiple directions
• Take pictures of all damages to all vehicles involved in the accident
• Record a video of the accident scene and all vehicle damages
• As you record the video, mention the time of day, weather conditions, and how the accident occurred 
• Obtain contact information for any witnesses 
• Look for traffic cameras or video cameras on nearby businesses and make a note of these 
• If a city bus was close to the accident when it occurred, get the bus number, if possible, as most buses have dash cams
• Request a police report when the police arrive 

What If My Accident Involved Self-Driving Cars?

If the self-driving car is at fault for the accident, you can file a claim against the owner or operator of the vehicle.

Additionally, you may have other parties you can seek damages against when the self-driving car crashes due to some sort of defect, such as:

• The car manufacturer
• The software developers 
• Maintenance technicians
• Parts manufacturers

When To Involve A Las Vegas Auto Accident Attorney

Some people think involving a Las Vegas auto accident attorney is only necessary if the other party’s insurance company is attempting to reduce or deny the claim. However, the sooner you speak to and hire a car accident attorney, the better. 

Ideally, it is best to consult with a lawyer as soon as possible following the accident before speaking to the insurance company. Hiring a lawyer early on makes resolving your case easier and getting a fair settlement much faster. Plus, you will not have to deal with all the processes needed to obtain your compensation. 

Filing Claims In Nevada: When Is It Required?

According to the Nevada DMV, filing claims in Nevada is required when there are property damages of more than $750, personal injuries, or death. You must submit Form SR-1 yourself or with your lawyer’s help within 10 days of the accident if a police report was not created.  

Schedule A Free Consultation With Our Las Vegas Auto Accident Attorney

Navigating Nevada car accident laws and determining fault can be a complex and stressful process, especially when you are injured. Let the car accident injury experts at Adam S. Kutner, Injury Attorneys, help you obtain the compensation you deserve. We offer a free consultation and can even visit you in the hospital if necessary. There are also no fees unless we win your car accident case. Contact us now to schedule your free consultation.