Las Vegas Car Accident FAQs

Nevada’s Department of Transportation recommends whenever possible you move your car from the roadway to reduce the risk of a second accident.

One word of caution about moving your car — police will want to have an idea of the position of the vehicles involved in the accident. You should make note of the position if you are able to move the car since this could be important information.

Some victim’s injuries are too severe to safely move the vehicle. Unfortunately, getting out of your car can result in making your injury worse. If you are in doubt as to the severity of your injuries, you should remain in your vehicle until emergency medical teams arrive at the scene.

Yes, because although there is no legal requirement for you to do so, it is generally a good idea to make sure police are contacted and a report has been filed. Even when another driver disputes whether the police should be called, there are times when you should call no matter what. These include:

  • Cars involved in accident are blocking traffic
  • Damage to surrounding property including cars, buildings, etc.
  • Any drivers, passengers, or pedestrians suffered an injury
  • Any sign an involved vehicle could catch fire (fluid leaking, smoking, etc.)

You should use caution when discussing the accident with the police. Provide your name, registration, insurance information when asked. Be cautious not to accept any fault for the accident. Law enforcement will likely take witness statements, which you can get access to after the report is filed. In many cases, the police will determine at the scene who was at fault for the accident and issue the appropriate citations (speeding, failure to yield, etc.). However, do not assume this is the case.

Yes, you should always seek medical attention, even if you believe your injuries were only minor. In fact, even if you believe you have not suffered any injury it is still a good idea to be thoroughly checked by a doctor following a car accident.

It is impossible to determine whether you suffered an internal injury, or whether the normal rush of adrenaline following an accident is masking other problems.

You should always report a car accident to your insurance company. However, make sure if you know the other driver is at fault you let them know that. The insurance company may offer to contact the at-fault driver’s insurance company or may have you do that on your own.

Just the facts surrounding the accident. You may share the names of the drivers involved, the vehicles involved, and the name of the law enforcement officer who filed the accident report. However, make sure you use caution when speaking with the adjuster regardless of whether they are from your insurance company or the at-fault drivers’ company.

Use caution answering questions about your injuries, or potential injuries. Even simple questions like someone asking how you are doing can cause an insurance company to reduce the amount you may be entitled to collect for your injuries.

Anytime you suffer an injury in a car accident you should contact a Las Vegas car accident attorney. Some of the reasons why this is necessary include:

  • Negotiations for insurance settlements
  • Disputes over who is at fault
  • Recovering financial damages for lost wages and medical bills

Remember, a car accident lawyer has experience dealing with Las Vegas car accident victims. They also know that insurance companies are not going to offer you the best settlement initially. Should you have an offer made by an insurance company, seek immediate legal help. Generally, when an offer is made the insurer will want you to sign a waiver absolving them of any additional payments for lost wages or medical bills.

Every car accident in Las Vegas is different and there is no simple formula to determine how much of a settlement you may be able to collect. Some of the factors which will go into the final settlement include the extent of your injuries, lost wages, damage to your car, and your medical expenses associated with your recovery. This is one of the reasons why it is important to make sure you have a lawyer helping you following a car accident.

Insurance companies know that most drivers do not understand their legal rights following a car accident. When you cannot return to work because your injuries need time to heal, they are hoping by making a quick offer you will accept. Technically, the reason for a quick settlement is so they can “close the books” on the accident, and they may be able to waive any responsibility for your future medical care or lost wages following the settlement.

Gina Corena & Associates takes pride in being able to offer exceptional client services. We also take a lot of pride in our history of success in getting maximum available damages for our clients. You can schedule a free, no obligation review of your car accident case today to determine if you have a valid claim by calling an experienced Las Vegas car accident attorney at (702) 680-1111 or by using our simple online contact form.

There are many situations in which the driver of the vehicle who hit you may be found liable for the injuries you sustained. Generally speaking, negligent driving occurs when another driver is found liable for your car accident injuries.

Negligent driving can take many different forms. Some of the more common types of negligent driving that have been known to cause car accidents in Las Vegas include:

  • Distracted driving
  • Drunk driving
  • Drugged driving
  • Following too closely
  • Failure to use a turn signal
  • Failure to stop
  • Failure to yield
  • Making an illegal turn
  • Driving while fatigued
  • Speeding

Negligent drivers are not the only cause of car accidents in Las Vegas. There are many other parties we could share blame for the injuries that you sustained. For example, there are many car accidents that occur when the roadways themselves are unsafe or dangerous in some way. This could be caused by:

  • Unsecured road construction zones
  • Missing street signs
  • Broken street lights
  • Lack of safety lamps
  • Unfilled potholes

In situations like these, the government agencies responsible for road safety and maintenance may be found culpable for your car accident injuries. This may mean you may need to bring a claim against the city of Las Vegas or the Nevada Department of Transportation, for example, depending on the details of your case.

There is also the question of what happens when you are involved in a collision with a drunk driver. You might assume that you only have a claim against the drunk driver, but what about the establishment that oversold them alcohol?

Establishments that serve or sell alcohol to individuals who are already under the influence of drugs or alcohol may be held accountable under dram shop liability laws.

Do not forget that auto parts can often become defective or malfunction in some way. When this happens, you might have a lawsuit against the auto parts designers, manufacturers, distributors, auto dealerships, safety inspectors, and other third parties.

Car accidents occur with alarming frequency. The injuries seen in accidents like these are often devastating. With that being said, there are many different types of injuries a person can endure in a car accident in Las Vegas. But there are some injuries that occur more often than others. These include:

  • Back injuries
  • Spinal cord injuries
  • Traumatic brain damage
  • Spinal cord injuries
  • Paralysis
  • Lots of limbs
  • Post-traumatic stress disorder (PTSD)
  • Head injuries
  • Concussion
  • Whiplash
  • Broken and fractured bones
  • Sepsis
  • Organ failure
  • Third-degree burns

Yes, there are multiple different ways in which accidents can occur. Your attorney will likely analyze the type of accident you were involved in in order to determine who is at fault for your accident.

For example, in rollover accidents, your attorney might look into liability on the part of the manufacturer of your car or SUV. Other types of car accidents that we see most often in Las Vegas include:

  • T-bone accidents
  • Sideswipe accidents
  • Single-car collisions
  • Rear-end collisions
  • Intersection accidents
  • Head-on collisions
  • Wrong-way driving accidents
  • Run-off-the road collisions
  • Multi-vehicle crashes

Many people who have been seriously injured in car accidents are hesitant to contact an attorney because they believe that sharing fault for their injuries will prevent them from being able to be awarded compensation. Fortunately, Nevada follows a modified comparative negligence system. Here, you can share up to 50% of the fault for a car accident and still recover damages in your claim.

However, it is important to note that sharing fault for your accident will have an impact on your injury settlement. You can expect your compensation to be reduced directly in proportion to your percentage of fault. Let’s look at an example:

Jimmy was struck by a distracted driver. When he brought the distracted driver to court, it was discovered that Jimmy was not wearing his seatbelt at the time of the accident. For this reason, the judge found him to be 10% liable for the injuries he sustained. When the jury awarded him $100,000, his award was reduced by 10% to account for his portion of shared fault. His final injury settlement amounted to $90,000.

The length of time that you have to get your car accident claim filed can vary considerably depending on the details of your case. Under Nevada’s statute of limitations, your car accident lawsuit must be brought forward in civil court within two years.

Failure to do so will mean your case is barred from being heard in civil court. Of course, the deadlines for cases like these can often be unclear. If you want to avoid issues involving the statute of limitations, be sure to get an experienced car accident attorney working on your case.

Your Las Vegas car accident attorney will be responsible for a number of different elements of your case. While you are recuperating from your car accident injuries, your attorney will be working diligently in order to recover maximum compensation for your suffering.

Here are some of the most important responsibilities your attorney will take on:

  • Investigating the cause of your accident
  • Figuring out who is at fault for your injuries
  • Speaking with expert witnesses
  • Gathering other evidence to support your case
  • Calculating the value of your car accident claim
  • Filing claims with the insurance company
  • Handling the insurance negotiations process
  • Preparing your case to go to trial
  • Advocating for your rights in court

It is not unusual for victims of car accidents to be unsure whether to contact an attorney. Oftentimes, you may have concerns that your injuries are not severe “enough“ to warrant legal action against the liable party. However, there are two primary ways you can tell that contacting an attorney may be in your best interests.

If someone else is or could be at fault for your injuries, and if you have suffered considerable damages as a result of their actions, you may have the right to financial compensation.

If you are unsure whether another party could be at fault for your injuries, your best option is to contact an attorney to discuss the details of your case. Only then will you have a better idea of what legal options may be available to you.

Economic damages are some of the most common damages that car accident victims are awarded. Economic damages have a fixed monetary value. For example, when you get your hospital bills after your car accident, that bill accounts for a portion of your economic losses.

But economic damages account for more than just medical expenses. In addition to recovering compensation for your hospital bills, some of the other economic damages that you may be entitled to include:

  • Loss of income
  • Diminished earning capacity
  • Medical equipment
  • Costs of future medical care
  • Unexpected child care expenses
  • Costs of household maintenance and upkeep
  • Costs of repairing or replacing your vehicle
  • Costs of increased insurance premiums

Many people know that they have the right to recover compensation for their financial losses. But non-economic damages are not financial. They encompass all of the ways your life has been affected by your injuries.

One of the challenges surrounding non-economic damages is that they are more difficult to quantify, as they will affect every person’s life differently. Some of the more common types of non-economic damages car accident victims are awarded include:

  • Inconvenience
  • Loss of companionship and love
  • Loss of society and support
  • Lots of guidance and advice
  • Loss of enjoyment of life
  • Physical pain and suffering
  • Mental anguish
  • Scarring and disfigurement
  • Damage to your reputation

It is possible that you could be awarded punitive damages in your car accident case. Punitive damages are not commonly awarded in personal injury claims. However, if the court finds the actions of the liable party to be abhorrent, egregious, or reprehensible, then they may find it appropriate to impose punitive damages.

These are awarded beyond your compensatory, or economic and non-economic damages. They are the court system’s way of punishing the liable party and sending a message to the public that actions like those occurring in your case will not be tolerated by the civil court system.

If you are hoping to build a strong car accident claim against the liable party, there are many different types of evidence that may be used to support your case. Some of the more common types of evidence that have been beneficial in Las Vegas car accident lawsuits include:

  • Video footage from nearby homes or businesses
  • Photographs of the scene of the accident
  • Photographs of the victim’s injuries immediately following the accident
  • Forensic evidence and expert testimony
  • Witness statements
  • Police and accident reports
  • Medical documentation of the victims injuries

Accidents involving uninsured motorists can be complicated. The state of Nevada does not require drivers to purchase uninsured motorist coverage. If you opted out of this coverage as part of your auto insurance policy, then you may find it more difficult to pursue compensation for your claim.

However, you may still have the option of pursuing civil
action against an uninsured motorist. There may also be other parties to share blame for your injuries. Your best option is to contact an attorney to further explore your options when you have been involved in a collision with an uninsured motorist.

Under Nevada law, every driver is required to maintain minimum types and amounts of auto insurance coverage on their vehicles. These requirements are as follows:

  • $25,000 in bodily injury liability per person
  • $50,000 in bodily injury liability per accident
  • $20,000 in property damage liability per accident

Drivers are not required to purchase uninsured motorist coverage, underinsured motorist coverage, personal injury protection, collision, comprehensive, or any other optional insurance coverages. However, doing so can protect you financially in the event of an accident.

Many car accident victims in Las Vegas are quick to assume that they will be able to easily recover a settlement from the insurance company. But this is not the case. Dealing with the insurance company is often far more challenging than many people realize.

Insurance companies are only required to pay out up to the limits of their policyholder’s claim. For example, if the liable driver carried $50,000 in bodily injury liability coverage, but your medical bills amounted to more than $100,000, the insurance company is only required to pay out up to $50,000.

The remaining losses that you have suffered may need to be sought after in your civil claim against the liable party.

The amount of time that it can take to resolve a car accident claim in Las Vegas can vary considerably depending on how complex each case is. For some, you may be able to recover an injury settlement through the insurance company and get your case resolved in as few as a couple of months.

But for others, and those who wind up having to go to court, it could be a year or more before you are able to recover the compensation you deserve. Pursuing legal action may not always be a quick fix. But it is often one of the best options for families struggling with considerable damages following a car accident in Las Vegas.

The process for recovering maximum compensation after a car accident can seem overwhelming. But with a strong legal advocate by your side, you can recuperate while we work to bring the liable party to justice.

You can schedule a free, no-obligation review of your car accident case today to determine if you have a valid claim by contacting an experienced Las Vegas car accident attorney at Gina Corena & Associates. Get started on your case when you call us at (702) 680-1111 or by using our simple online contact form.

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