Rear-end car accidents are everyday happenings in the city of Las Vegas, and it can happen to you or your family member at any time of the day. A rear-end car accident occurs when the front of another motorist’s vehicle collides with your car’s rear end in the same lane.
You might assume the rear driver was at fault for the accident that led to your injuries, but sometimes there are exceptions to this rule when determining a rear-end car collision liability in court. That is why you need to consult with an experienced personal injury attorney to assess your case's details as soon as possible because time is of the essence if you want to recover maximum compensation.
What to Do Before Establishing Your Rear-End Car Collision Liability
After involvement in a rear-end car collision, the steps you will take after determining if you will be eligible for compensation for any injuries or damages that you incur. Here is what to do before establishing your rear-end car collision liability:
Call the Police and Do Not Leave the Accident's Scene
If another vehicle crashes your car from the rear, you should park your car beside the road and call the police. You will need the police report as it contains objective evidence and a thorough analysis of the accident that can help your attorney build your compensation claim.
Document the Rear-End Collision Scene
Document your rear-end collision scene by taking note of the color, model, year, and number plates of the vehicle that rear-ended your car. If you have a smartphone or a camera, you should consider capturing pictures of your car's condition from the rear side, traffic signs, and current road and weather conditions.
If there are one or two eyewitnesses' at the accident scene, you can request them to describe the accident in writing and request their contact numbers because you might need them to testify. Apart from the police's report, you need to have your separate evidence to prove to the jury beyond a reasonable doubt that you deserve compensation following the rear-end car collision.
Seek Medical Assistance
After a rear-end accident, it is almost impossible to leave the accident scene without an injury. Even if you don't feel any aches or pain after the accident, there is a need to consult a medical practitioner because you might have internal injuries that only an expert can discover. Below are typical injuries resulting from a rear-end car collision:
- Spinal cord injuries
- Broken legs or wrists
- Soft tissue damage
- Brain injuries
Ensure you document and keep all your medical bills because you will need them to calculate your total damages and prove to the jury that there were actual damages following the rear-end car collision.
Seek Legal Assistance
Lastly, it would be best if you talked with a dependable Las Vegas personal injury attorney to protect your legal rights and help you seek the compensation you deserve from the at-fault party. While you are recovering from the injuries, your injury attorney will investigate the facts surrounding your case and pursue your compensation from the at-fault party.
Determining Rear-End Car Collision Liability in the City of Las Vegas
Determining rear-end car collision liability requires expertise and will depend much on your attorney's experience on these particular types of car accidents in the city of Las Vegas. Below are possible liability areas in a rear-end car collision incident:
The Rear Driver
In most rear-end car collision occurrences, the rear end driver is usually negligent. The rear driver will be liable for your injuries resulting from the collision if he/she was:
Driving under the influence is unlawful in Nevada as it is in other states in America. If the police charge the rear driver with a drunk driving offense following your rear-end car collision, you might not need any further evidence to prove him/her liable for your injuries and damages.
Distracted driving is the reckless act of driving a vehicle while engaging in other distracting activities like texting, which takes your mental attention from the road. A driver who causes a rear-end car collision while engaging in a distractive activity like texting should be liable for your damages under Nevada personal injury laws because that is negligence.
The cause of the rear-end car collision that led to your injuries could also be due to speeding. Driving above the designated speed limit for particular areas is dangerous and an offense, according to NRS 484B.600.
To prove the defendant was speeding before the rear-end collision, your attorney can present the following types of evidence in court:
- Eyewitnesses videos or testimonials
- Surveillance videos
According to NRS 484B.127, it is unlawful to drive or follow another vehicle too closely than is reasonable in the same lane. Following another vehicle too closely more than is reasonable increases the chances of rear-end collisions. When that happens, the rear driver should be liable for your damages resulting from the accident.
The Manufacturer of the Defective Vehicle
Suppose there was a defective part in your car or the other rear driver's car, leading to your rear-end car collision. In that case, you should file your injury claim against the defective car manufacturer for your damages' compensation under Nevada product liability laws. Rear-end car collision accidents resulting from a defective part are uncommon, but they do happen, and the car manufacturer should be liable for your damages.
The City or State
In rare cases, a third party like the city or state might be liable for your damages if a poorly maintained road was the cause of the rear-end car collision leading to your injuries. That is possible if they knew that the road condition was risky, but they didn't do anything to fix the situation.
Bad weather conditions like fog, which is no one's fault, could also cause a rear-end car collision that led to your damages. Establishing the cause of the accident that led to your injuries before filing a personal injury suit requires an experienced attorney because, as you can see above, there are many possible causes and liability areas.
Proving Rear-End Car Collision Liability in the City of Las Vegas
If you want to seek compensation for all the damages you incur following the rear-end car accident, you have a maximum of two years to file your lawsuit. Liability in a rear-end car collision lawsuit involves proving negligence, which is the leading cause of car accidents.
Since most rear-end car collisions involve negligent drivers, we will be discussing how to prove to the court that the rear-end driver was negligent for adequate compensation that you deserve.
Your personal injury attorney’s responsibility is to prove to the jury that the defendant was negligent and that the negligence caused the collision and your injuries. The jury will expect your attorney to demonstrate the following elements of negligence beyond a reasonable doubt for your maximum damages' compensation:
Duty of Care
In a negligence compensation claim, your attorney must demonstrate to the jury the existence of a duty of care first. The judge will consider the relationship between you and the defendant on the road to determine whether a duty of care obligation exists. A duty of care is every motorist's legal responsibility or obligation on the road to prevent foreseeable accidents like rear-end car collisions by observing reasonable care.
Duty of Care Breach
Proving there was the existence of the legal duty of care during the rear-end car collision incident is not enough to earn you damages compensation under the law. Your attorney must also show the jury how the defendant breached his/her legal duty of care obligations during the accident.
Your attorney can demonstrate this element of negligence by showing the jury that the defendant was drunk driving or tailgating, which is against the law.
Las Vegas civil courts recognize that a breach of the legal duty of care alone is not enough to prove negligence. Proving negligence is essential during any personal injury lawsuit because the defendant might breach his/her duty of care obligation towards you and not necessarily cause your injuries or damages.
Therefore, your attorney must present the available pieces of evidence to prove to the jury that the defendant was the cause of your injuries and damages resulting from the rear-end car collision incident.
Finally, to receive the compensation that you deserve following a rear-end car collision, your attorney must prove to the jury the existence of actual damages resulting from the accident. When proving this element of negligence, your injury attorney might need the following types of evidence:
- Videos or photos of the rear-end car collision aftermath
- Official accident reports
- Medical bill and car repair receipts
- Therapist's or a doctor's testimony
- Eyewitnesses testimonies
Damages You Could Recover in a Rear-End Car Collision Liability Case in Las Vegas
If the jury pronounces the defendant guilty in your injury case, you might be eligible to receive compensatory damages, depending on your unique rear-end car accident case circumstances.
Compensatory damages cover your overall out-pocket expenses since the rear-end car collision occurrence and future costs you are reasonably certain you might incur due to the accident's impact. Here are possible compensatory damages you might receive in a personal injury lawsuit following a rear-end car collision incident:
The judge will award you economic damages for all of your out-pocket costs following the rear-end car accident that the defendant was negligent. Economic damages will cover all of your losses that you can easily attach a monetary figure, for example:
- Medical bills
- Car repair costs
- Future medical needs
- Lost wages
- Lost earning capacity
All the losses you will incur following a rear-end car collision incident that are non-compensable in monetary terms are non-economic damages. They include the following type of losses:
- Emotional distress
- Pain and suffering
- Physical impairment
- Loss of enjoyment in life
- All other typical general losses
Unlike economic damages, which cover most of your physical injuries, non-economic damages typically cover your emotional damages as listed above.
If the collision cause was intentional or due to gross negligence like driving under the influence, the judge might also award you punitive damages on top of your compensatory damages. The purpose of punitive damages in a personal injury lawsuit is to punish the defendant for his/her wrongdoings and act as an example to deter other motorists from behaving similarly.
Nevada law also recognizes the possibility of contributory negligence in these kinds of car accidents. When the judge determines you were also partially negligent during the event of the rear-end car collision according to the defendant's evidence, you might also be eligible for compensatory damages.
Nevada's comparative negligence law allows you to receive compensatory damages in that kind of situation according to your percentage of negligence during the event of the accident. However, if you were more than 50% negligent in the event of the rear-car collision incident, you will not be eligible to recover compensatory damages.
Sometimes a rear-end car collision can also cause death. When your relative dies in a rear-end car collision incident, you can also file a compensation claim under Nevada wrongful death laws to receive compensatory damages for the following type of losses:
- Funeral and burial costs
- Medical bills that the deceased had to pay before his/her death
- Pain and suffering
- Loss of consortium or support in life
The vital thing to do following a rear-end car collision incident is to consult a personal injury attorney for legal guidance on how you can achieve maximum damages compensation. It is not advisable to manage the aftermath or outcome of a rear-end car collision without an attorney's services because confusing laws surround these types of cases in Nevada.
Factors to Consider When Finding a Las Vegas Injury Attorney for Your Rear-End Car Collision Liability Case
If you need dedicated legal assistance to help you build your damages compensation claim after a rear-end car collision incident, you should consider the following key factors:
The Qualification and Experience of the Attorney
First of all, you need to find a qualified personal injury attorney who has the right qualification credentials for this legal practice area. Check if your prospective injury attorney has valid licensing documentation.
Experience is also a key consideration if you want a person who understands multiple aspects of Nevada personal injury laws for knowledgeable legal guidance in your injury claim process.
The Reputation of the Attorney
Look for a professional who has a credible reputation and a good name in this field, considering his/her past clients' lawsuits success record. The easiest way to find a reputable attorney is by seeking friends' or relatives' recommendations who have probably had similar cases in the past.
Alternatively, you can also use your phone or laptop to read your prospective attorney's past clients' reviews on his/her website and social media profiles. Past clients' reviews about the quality of his/her services can give you the general information you need about the attorney to help you make an informed decision.
Accessibility and Availability
When finding a reliable Las Vegas personal injury attorney for your specific rear-end car collision incident, you must consider the attorney's accessibility. Ensure the attorney you decide to choose for your injury case is accessible because if the attorney has a pile of work at hand, he/she will not dedicate adequate time to your case.
Choosing an attorney without considering whether he/she is available or not can affect the success of your injury compensation claim, which requires immediate investigation to preserve your legal rights and interests.
The Attorney's Personality and Communication Skills
Since personal injury cases are emotional and stressful, finding an attorney who understands and treats you with courteousness is very important. Look for an attorney whom you can trust and comfortably create a rapport with to discuss your case's details in a language you can both understand for the best legal representation.
Furthermore, court proceedings involve a back and forth type of communication that requires an attorney with excellent communication skills to fight for your compensation.
The Bottom Line
Rear-end car collisions in Las Vegas are not uncommon because this is a city of all kinds of activities and fun, with many motorists on the road driving under the influence of alcohol and other unlawful drugs.
Therefore, when you incur injuries or any damage to your property following a rear-end car collision, you should know what to do next to preserve your interests and legal rights. I hope this article helps you make the right informed decision on rear-end car collision liability and lawsuit matters.
Find a Las Vegas Personal Injury Attorney Near Me
Reliable experienced attorneys at Las Vegas Personal Injury Attorney Law Firm are ready to immediately work on your rear-end car collision liability case when you contact us at 702-996-1224. Don't hesitate to contact us for the exceptional legal representation you need to achieve adequate compensation for your losses after a rear-end car collision incident.