Las Vegas Car Accident Lawyer

Car accidents are a common occurrence in Las Vegas. With over 600,000 residents and several tourist attractions available for guests to visit, it can create a high volume of traffic. Given the scenario, motor vehicle accidents are bound to happen.

Many elements can contribute to such a collision, like driver error, road hazards, and poor weather conditions. These may cause accident victims to experience minor to severe injuries or property damage. Wrongful death is also a possibility.

If you were struck by a negligent driver, you may be entitled to file a car accident claim to seek compensation. At West Coast Trial Lawyers, our Las Vegas car accident attorneys are available 24/7 to evaluate the situation. We will guide you through the legal process to ensure you get fair compensation.

We run on a contingency-fee basis, meaning that you pay no fees until you win! To schedule a FREE case consultation, you can get in touch with us by calling (702) 800-2934 or filling out our quick online contact form.

Las Vegas Car Accident Statistics

Based on recent reports of car accidents in Nevada, impaired driving (42.7 percent) and speeding (32.1 percent) have been noted as the most common types of driver negligence within the state. Below are some additional car accident statistics shared by the Nevada Department of Transportation (NDOT).

• Driving at an excessive rate led to single motor vehicles crashing into a fixed object or an angle collision with another vehicle.
• Lane departures led to 37.1 percent of car accidents. It mainly involved single-vehicle accidents where the driver crashed into a fixed object.
• Intersection accidents (32 percent) were also common in Nevada. 93 percent of fatal intersection accidents happened on urban roads, and most of these were associated with two vehicles crashing into one another.
• Pedestrian accidents accounted for 23.6 percent of Nevada's total deaths. 65 percent of fatal cases occurred on the roadway.
• Distracted driving resulted in 3.7 percent of fatalities. 21 to 30 year olds were the most common age group associated with this type of collision, and these events would primarily involve cars crashing into bicyclists or pedestrians.
• 68 percent of impaired driving accidents happened on urban roads. About 21 percent involved a motor vehicle striking a fixed object.

Common Causes of Las Vegas Car Accidents

Car accidents can occur due to several factors, and we will be discussing each common cause in the following parts. Knowing these details can help improve road safety and influence drivers to act responsibly when traveling.

Speeding

In Nevada, it is prohibited for drivers to:

• Go over 80 miles per hour,
• Exceed the posted speed limit,
• Avoid cautiously navigating their way through traffic or poor weather conditions, and
• Get into an accident due to speeding and cause bodily harm, death, or property damage as a result.

Those who do either of the actions listed above may face legal consequences, like fines and penalties. Harsher repercussions may be administered if a speeding accident leads to injuries or fatalities.

Drunk Driving

Drunk driving can affect your motor skills and cognitive functions which may influence you to make bad choices and increase reckless behavior. If you are found intoxicated while operating a vehicle, Nevada's DUI penalties may apply.

Below is a list of what punishments you are expected to endure based on the number of offenses made.

• First offense (no injury) is a misdemeanor. You may face 2 days to 6 months in jail or 48 to 96 hours of community service. You could also be charged $400 to $1,000.
• Second offense within 7 years (no injury) is a misdemeanor. You will be expected to undergo 10 days to 6 months in jail or residential confinement and partake in a program pertaining to treatment for alcohol or drug abuse. Fines may include $750 to $1,000.
• Third offense within 7 years (no injury) is a category B felony. You may be given 1 to 6 years in prison and a fine between $2,000 to $5,000.
• Any offense that leads to bodily damage or fatalities is a category B felony. You will be sentenced to 2 to 20 years in prison and receive a fine of $2,000 to $5,000.
• Any offense following a felony DUI offense is a category B felony. You may get 2 to 15 years in prison and a fine of $2,000 to $5,000.

Distracted Driving

Distracted driving, like eating or texting, can make you lose attention of your surroundings and reduce your reaction time to what is happening ahead. This can influence you to make poor decisions that can increase your likelihood of getting into an auto accident.

Road Hazards

Potholes and uneven pavement can trigger drivers to lose control of the vehicle or blow the tires out. Inadequate road signage is another issue that may affect a driver's ability to properly navigate themselves through traffic.

If these issues have been expressed to the government agency or property owner in charge of the area and no reasonable action has been made since, a premises liability case can be filed against them.

Weather Conditions

Weather conditions, like rain or snow, may cause roads to develop slippery surfaces. This can  raise the risks of hydroplaning, skidding, or loss of control.

If heavy fogs are present, it can impair a driver's visibility, making it difficult for them to detect other vehicles or pedestrians nearby.

Either of these scenarios can ultimately lead to a car accident.

Manufacturing Defects

Faulty vehicle parts can make it challenging for a driver to perform certain actions that could help prevent an auto accident from occurring.

For instance, if the brake is unresponsive, a driver will not have the ability to make a full stop, and will crash into one or more objects nearby. Given the scenario, a product liability claim can be filed against the:

• Manufacturer,
• Distributor, or
• Other entities associated with the chain of distribution.

To get legal insight on who should be held accountable for such a collision, you should hire a Las Vegas car accident lawyer to take a look at your case.

Types of Car Accidents in Las Vegas

Cars can be struck from different angles and involve one or more drivers depending on the situation. In the sections listed below, we will go over each common type of car accident in Las Vegas and what circumstances can trigger it to happen.

Head-On Collisions

A head-on collision occurs when the front ends of two vehicles traveling in opposite directions strike one another. This type of impact is highly likely to cause serious injuries or wrongful deaths. Common factors that may contribute to a head-on collision are:

• Drunk driving,
• Distracted driving, or
• Faulty parts.

Multi-Vehicle Accidents

A multi-vehicle accident happens when more than two vehicles are involved in a collision. These usually take place in locations where several drivers are traveling near each other, like on highways or intersections. The outcome may result in substantial damages. Injuries will vary based on the intensity of the impact.

Particular situations that may trigger a pile-up include:

• Speeding,
• Tailgating,
• Poor visibility, or
• Fatigue.

Rear-End Accidents

Rear-end accidents transpire when one driver crashes into the back of another vehicle. This is considered as one of the most common types of car accident cases.

They are typically less intense compared to other collisions. It mostly happens when a driver is navigating through heavy or congested traffic.

Other scenarios that may lead to a rear-end accident are:

• Sudden stops,
• No safe travel distances,
• Distracted driving, or
• A manufacturing defect.

Rollover Accidents

Rollover accidents occur when a vehicle tips onto its side or the roof after getting into an accident with a road hazard or motorist. This can result in serious injuries, damages, and even fatalities.

Single-Vehicle Accidents

A single-vehicle accident involves one driver crashing into a fixed object. Examples include the following:

• The vehicle attempted to avoid crashing into a negligent driver,
• The vehicle swerved away from a road hazard, or
• Poor weather conditions caused the vehicle to lose control and crash.

To determine liability in a single-vehicle accident, you should hire a personal injury law firm, like West Coast Trial Lawyers, to take a look at the situation.

Our Las Vegas car accident lawyers can identify the at fault party and determine what necessary steps should be taken to ensure we get you maximum compensation.

Sideswipe Accidents

Sideswipe accidents take place when the side of one vehicle strikes the side of another. This usually happens when a driver is:

• Making improper lane changes,
• Performing dangerous merges, or
• Weaving in and out of a lane.

These are generally less intense compared to a side-impact or head-on collision, but can be serious if it involves large vehicles, like trucks.

Side-Impact Accidents

A side impact accident, also known as a t-bone accident, involves a car getting struck on its side at a 90-degree angle. Serious injuries and fatalities are highly likely to occur in such a case. Driver negligence, like drunk driving or failing to yield, can lead to this type of impact.

Hit and Run Accidents

A hit and run accident is when a driver crashes into another vehicle, pedestrian, or property and leaves the scene immediately after. Doing this goes against Nevada's hit and run laws, which require all drivers to comply with the following:

• Stop the vehicle at the accident scene,
• Share your name, address, driver's license, insurance company, and vehicle license plate number with all parties involved, and
• Assist those who sustained injuries.

If a driver hits a parked vehicle, they will need to remain at the accident scene and either:

• Find the owner or
• Leave a note on the vehicle that includes their name and contact information.

Those who commit a hit and run may face legal consequences. If the incident only involved property damage, the at fault party may be charged with a misdemeanor, which is up to 6 months in jail and up to a $1,000 fine.

But, if an injury or death occurs, it will be considered a category B felony, meaning that they may be given a 2 to 20 year prison sentence and pay a fine between $2,000 to $5,000.

Common Car Accident Injuries

Car accidents may result in various types of bodily injury depending on how severe the crash was. Common outcomes that may occur include the following:

• Broken bones,
• Head injuries,
• Neck injuries,
• Internal injuries, and
• Spinal cord injuries.

Car accident victims are encouraged to receive medical care as soon as possible. This is to make sure no serious injury develops over time that can significantly harm your health later on.

It will also prevent the opposing side from arguing that your injury was not as serious as you claimed if you did not seek medical attention right after the collision.

What to Do After a Car Accident in Las Vegas

Car accidents happen when you least expect it to. Below, we have provided sections that discuss what steps should be taken to better prepare yourself in case you are put in such a position.

Contact Law Enforcement

If any injuries or damages are present, you should notify law enforcement. Once they arrive at the accident scene, they will conduct a police report in which you can request a copy of to use in your personal injury case. Paramedics may also approach the car crash site to administer medical care to those who suffered bodily injury.

In Nevada, it is required for a driver involved in a car accident to report it to Nevada Highway Patrol (NHP) or a law enforcement agency if it involves:

• Injury,
• Death, or
• Property damage.

Failing to fulfill this obligation may result in the driver getting their license suspended for up to one year.

Exchange Information with All Parties Involved

Be sure to share the following information with all parties involved:

• Your name,
• Contact information, and
• Insurance details.

Gather Evidence

Try to collect as much evidence as you can. This includes:

• Photographs of your injury, damages, and the car accident scene,
• CCTV footage,
• Witness statements,
• A copy of the police report, and
• A copy of your medical records pertaining to the bodily harm you sustained from the collision.

Seek Medical Attention

You should seek assistance from a physician after a car accident regardless of whether you experienced minor injuries. They will examine the affected area to check for any notable bodily damage. If a diagnosis has been made, you will be given medical treatment to help with your recovery.

All of your doctor visits, procedures, and/or prescriptions will be documented and saved on file. These can be used as proof that you were harmed due to the opposing side's negligence.

Hire a Las Vegas Car Accident Lawyer

If you are planning on filing a personal injury claim, you should hire a Las Vegas car accident lawyer to represent you. At West Coast Trial Lawyers, our legal team will handle all of the difficult tasks while you focus on recovering from the incident.

How Is Liability Determined in a Las Vegas Car Accident?

To determine liability in a Las Vegas car accident, you will need to collect evidence that proves negligence. Elements you must incorporate into your personal injury claim include the following:

• The defendant owed you a duty of care,
• The defendant breached their duty of care, and
• The defendant's reckless behavior caused your injuries and/or damages.

The court will review the documents provided and figure out what amount of negligence was contributed by one or both sides. After that has been determined, pay will be distributed accordingly.

Under Nevada's "modified comparative negligence" law, you will be restricted from recovering compensation if you were more than 51 percent liable for the car accident.

What Should I Do if the At Fault Driver Is Uninsured or Underinsured?

If you have uninsured/underinsured motorist (UM/UIM) coverage, it should cover expenses associated with the car accident you were involved in with the at fault driver.

Uninsured Motorist Coverage

UM coverage is an insurance policy that protects drivers who get into a collision with someone who does not have insurance. It will help compensate for medical bills, lost wages, and other types of damages you endured.

Underinsured Motorist Coverage

UIM coverage offers protection to car accident victims struck by an insured driver who does not have enough to compensate for the damages they are liable for. Financial assistance will become effective if the damages exceed the other driver's policy limits.

Will My Insurance Rate Increase if the Car Accident Was Not My Fault?

If you were involved in a car accident and it was not your fault, your insurance rates are likely to not increase. The at fault driver's insurance company will have to pay for any injuries or damages that were caused as a result of their negligence.

However, some providers may raise up the rates slightly regardless of whether you were liable. This is particularly expected if you have filed several claims within the past few years since you will be perceived as a faulty driver.

If you are interested in knowing whether your rate will be affected, it is best to reach out to your insurer and have them go over your policy with you.

Will My Car Accident Lawsuit Go to Trial?

Not all car accident lawsuits go to trial. Legal options will be presented to each party involved in the dispute to help decide on what approach would be the best to go with. Some common methods that have been considered are: arbitration and mediation.

Arbitration is a legal method that involves an arbitrator assessing arguments provided by all parties involved in the car accident lawsuit to determine a decision that will resolve the dispute. The outcome may result in binding or non-binding arbitration depending on what each side agrees on.

Binding arbitration involves approving the arbitrator's recommendation and complying with its terms. Non-binding arbitration, on the other hand, is when both parties reject the resolution suggested and are free to head to court in the regular way.

Mediation is a voluntary process that involves a third party, which is the mediator. They will monitor the discussions made between the disputing sides to help reach a mutual agreement. This approach:

• Gives all parties more control over the outcome,
• Resolves the problem fairly quickly, and
• Is less expensive compared to going to court.

If neither of these are effective, then it may lead to litigation. It is important to have a Las Vegas car accident attorney represent you in court to better your chances of getting fair compensation.

What Is the Statute of Limitations for Car Accident Claims in Las Vegas?

Under Nevada's Revised Statutes section 11.190, the statute of limitations for a car accident claim is two years from the date of when the event took place. However, if it only involved vehicle or property damage, you will be granted three years from the date of when it occurred to sue the at fault party.

Available Damages in a Las Vegas Car Accident Case

 

Damages available in a Las Vegas car accident case will vary for all victims due to unique factors associated with each situation. Typically, economic damages and non-economic damages are granted. In rare cases, punitive damages may also be given.

Economic Damages

Economic damages are financial expenses you experienced as a result of the car accident, like:

• Lost wages,
• Medical bills, and
• Property damage.

Non-Economic Damages

Non-economic damages are intangible costs that are difficult to measure in monetary terms, such as:

• Emotional distress,
• Loss of enjoyment of life, and
• Pain and suffering.

Punitive Damages

Under Nevada Revised Statutes 42.005, punitive damages are awarded to punish the wrongdoer for exhibiting egregious behavior. They will be required to provide additional compensation as a form of discipline to prevent similar conduct from happening in the future.

To get punitive damages, you will need to prove how the defendant committed malice, fraud, or intentional harm against you.

Punitive damages will have a cap of:

• $300,000 if you receive compensatory damages that are less than $100,000 or
• Three times the amount of compensatory damages you are given if the figure is $100,000 or more.

There is no limit of punitive damages if your case includes any of the following:

• Manufacturing defects,
• Defamation,
• Discriminatory housing practices,
• Bad faith insurance, or
• Bodily injury caused by toxic or harmful material.

Our Las Vegas Car Accident Attorneys Are Here to Help

If you were involved in a Las Vegas car accident due to someone else's negligence, you may sue to recover damages. At West Coast Trial Lawyers, our skilled Las Vegas car accident lawyers are readily available to assist. We are devoted to serving justice to accident victims and are confident that we will deliver results that will satisfy your legal needs.

To schedule a free consultation, we welcome you to reach out to our 24/7 legal team by calling (702) 800-2934 or completing our easy online contact form.