Who's at Fault for Rear-End Accidents in NV?

Rear-end accidents are among the most common types of collisions on Nevada roads. Typically 30% of all car accidents are rear-end collisions. While determining fault in these incidents is often straightforward, it’s still the foundation for insurance claims and legal proceedings. Let’s explore who is usually at fault in rear-end accidents in Nevada and what steps you should take if you’ve been involved in one.

What Exactly Are Rear-End Accidents?

Rear-end collisions occur when one vehicle strikes the back of another. They can range from minor fender benders to severe crashes causing significant injuries and property damage.

Common Causes

• Distracted Driving: Texting, eating, or any activity that diverts attention.
• Tailgating: Following too closely behind another vehicle.
• Sudden Stops: Unexpected stops by the leading car.
• Speeding: Reduces reaction time to stop safely.
• Adverse Weather Conditions: Rain, snow, or fog affecting visibility and braking.

Nevada Traffic Laws Pertaining to Rear-End Collisions

Nevada law requires drivers to operate their vehicles safely and maintain a reasonable distance from the car ahead.

Following Too Closely (NRS 484B.127)

Under Nevada Revised Statutes, drivers must not follow another vehicle more closely than is reasonable and prudent, considering speed and traffic conditions. You can technically be charged for breaking this law, Section 4 of NRS 484. 127 states “A person who violates this section is guilty of a misdemeanor.”

Duty of Care

All drivers have a legal obligation to exercise due care to avoid collisions, which includes being attentive, not tailgating and controlling their vehicle’s speed. 

Presumption of Fault in Rear-End Accidents

In most cases, the driver of the trailing vehicle is presumed to be at fault. This presumption is based on the expectation that drivers should:

• Maintain a Safe Following Distance: Allow enough space to stop safely.
• Stay Alert: Be prepared for sudden stops or changes in traffic flow.
• Control Their Vehicle: Operate their car safely under all conditions.

Exceptions to the Presumption of Fault

While the rear driver is often found at fault, there are exceptions where the lead driver may share or bear full responsibility.

Situations Involving the Lead Driver

• Reversing Suddenly: If the lead vehicle unexpectedly reverses.
• Brake Checking: Deliberate and abrupt braking without cause.
• Mechanical Failure: Faulty brake lights or signals on the lead car.
• Illegally Stopped: Stopping in a travel lane without justification.

Comparative Negligence in Nevada

Nevada follows a modified comparative negligence system. This means:

• Shared Fault: Both parties can share responsibility.
• 51% Rule: A party can recover damages only if they are less than 51% at fault.
• Damage Reduction: Compensation is reduced by the percentage of fault assigned.

Proving Fault in Rear-End Collisions

Establishing who is at fault requires evidence and sometimes expert analysis.

Gathering Evidence

• Police Reports: Official documentation of the incident.
• Witness Statements: Accounts from bystanders or other drivers.
• Traffic Camera Footage: Visual evidence of the collision.
• Vehicle Damage Analysis: Damage patterns that indicate the collision dynamics.

Steps to Take After a Rear-End Accident

Taking the right actions immediately after an accident can protect your rights and secure your safety.

Immediate Actions

1. Safety First: Move to a safe area if possible.
2. Call 911: Report the accident and request medical assistance if needed.
3. Exchange Information: Share contact and insurance details.
4. Document the Scene: Take photos and note important details.
5. Seek Medical Attention: Some injuries aren’t immediately apparent.
6. Consult an Attorney: Get legal advice before speaking with insurance adjusters.

Do You Need Legal Assistance and Representation?

Technically the answer is no, but a skilled Nevada Personal Injury Lawyer can help you achieve a better outcome. 

How Legal Assistance Can Help

• Case Evaluation: Personal Injury Lawyers assess the details and intricacies of your case.
• Evidence Collection: Lawyers help gather and preserve evidence.
• Negotiation with Insurers: Injury Lawyers also advocate on your behalf for fair compensation.
• Litigation Support: They Represent you in court if necessary.

Involved in a Rear-End Collision? Call West Coast Trial Lawyers

If you’ve been involved in such an accident, taking quick and appropriate actions can significantly impact the outcome of your legal or insurance proceedings. West Coast Trial Lawyers can help you through this process and fight for the compensation you deserve. 

Call (213) 927-3700 or complete our easy online contact form for a free consultation and speak to a top Nevada personal injury lawyer today.