Rear-end collisions are among the most common types of car accidents in the country. According to the National Highway Traffic Safety Administration's statistics, these collisions accounted for 32.5% of all motor vehicle accidents in 2019. Las Vegas is not an exception to this occurrence. Many of these incidents occur on busy streets frequented by locals and tourists.

Even though the impacts of rear-end collisions can span from minor discomfort to serious or fatal injuries, it is crucial for every party involved to understand Nevada's laws regarding these accidents. Knowledge of the law and post-accident legal procedures can significantly assist you in pursuing rightful compensation if you are involved in a car accident. Read on to learn more about Nevada rear-end car collisions and who can be found at fault when they happen.

An Overview of Nevada Rear-End Collisions

If you were involved in a rear-end collision in Nevada, it is reasonable to assume that the motorist who hit your vehicle would be held accountable. We often believe the driver in the back is always at fault. However, the problem is that identifying who is at fault can be challenging.

Nevada law considers several factors that can complicate determining who is responsible for the incident. Despite the common belief that rear drivers are typically at fault, rear-end collisions are not always the result of their negligence. The culpability of the rear drivers can be reduced in certain circumstances, such as when the driver in front brakes recklessly or when weather conditions are poor.

Finding the liable party is important to all parties involved, as even injured victims could have their compensation reduced if they bear a slight responsibility for causing the accident. Rear-end collisions can happen in a flash, but correctly assigning culpability requires time and proper investigations. These collisions account for 29% of all vehicle accidents, so it is essential to understand the regulations governing liability in Nevada. This knowledge can help you avoid accepting undeserved liability if you have been rear-ended.

Why Are Rear Drivers In Nevada Often Presumed To Be At Fault?

In a rear-end accident, the legal assumption in Nevada, as in most states, is that the rear driver is at fault. This presumption places the burden on the following driver to prove they were not negligent or reckless to avoid liability.

However, why are rear drivers so frequently considered culpable in these collisions? There are several common explanations:

  • Distracted driving is a widespread problem on Nevada's highways, particularly as more motorists text, eat, or tinker with their entertainment systems. Taking your eyes off the road reduces your response time and ability to brake when necessary. This increases the likelihood of a rear-end collision if the car in front suddenly stops for any reason.
  • Dangerous speeding during rush hours or on icy roads in Nevada diminishes a driver's ability to maintain control and increases the distance needed to stop. This makes rear-end collisions more likely to occur, even if the motorist in front makes a mistake
  • Extreme tailgating provides insufficient distance to safely stop if the vehicle ahead brakes suddenly. Nevada law requires drivers to maintain a safe following distance, accounting for both speed and road conditions. Violating this regulation often leads to rear-end collisions.

When injured drivers in Nevada thoroughly understand the common negligent behaviors contributing to rear-end collisions, they can build stronger claims that accurately assign responsibility after an accident.

When the Front Driver Could Be at Fault

The front driver can be exclusively liable for a rear-end collision or may share culpability with the rear driver in certain circumstances. However, rear drivers are often deemed responsible in these scenarios.  Below are several instances where the front driver could be liable for the accident:

  • Faulty equipment, such as non-functioning brake lights, might make it difficult for the rear driver to brake in time
  • The back driver may be unable to respond in time if the front driver abruptly brakes or stops without apparent cause
  • Interrupting traffic flow by weaving in and out or cutting off the driver behind can result in unavoidable incidents, especially during rush hour
  • A driver quickly reversing into moving traffic creates significant risk for other drivers
  • When drivers fail to use turn signals, those behind have minimal warning of impending speed or direction changes
  • Rear drivers can be unable to avoid collisions when front drivers engage in risky driving acts such as speeding, disobeying traffic signs and signals, and other inconsiderate actions

When this happens, the front driver would likely bear some responsibility for the rear-end collision, or they may even be entirely responsible for it. An attorney can help establish these exceptions to negligence.

Liable Third Parties

Rear-end collisions are sometimes caused by factors other than the drivers involved in the accident. Additional possible causes of these collisions include:

  • Mechanical issues with the vehicle could be the manufacturer's responsibility
  • Poorly maintained roads, which may be the responsibility of the city or county, pose significant driving challenges
  • Cloudy or wet weather, which is not anyone's fault unless drivers fail to exercise caution

The case would become more complex if the automobile collision involved multiple cars. One motorist, known as the "trigger," might have initiated the pile-up. If intervening factors worsened the accident, the initial driver would be held fully responsible. However, it is also possible that several drivers involved are at fault and share the blame.

Evidence That Commonly Demonstrates Fault

Considering the modified comparative negligence rule in Nevada, establishing fault after a rear-end crash can sometimes be challenging. When you submit a negligence case, your attorneys will often do so based on evidence such as:

  • Testimony from eyewitnesses—witnesses or other motorists may be able to provide accounts of the events that took place before the accident happened
  • Reports from the police—you should contact police authorities if the accident results in injury, death, or property damage of at least $750. A copy of the police report will greatly benefit your claim. Obtain a copy of the report from the Las Vegas Police Department or the Nevada State Police Highway Patrol for your records
  • Recordings from traffic cameras—cameras at the crash scene may capture indisputable proof.
  • Car damage—by examining the type and extent of damage sustained by the vehicles involved, it is possible to determine the force of the collision and potentially identify the party at fault

If a case involving an automobile accident goes to trial, you must prove the defendant's negligence "by a preponderance of the evidence." This means it is more likely than not that the defendant was the liable driver. This standard is much lower than the "beyond a shadow of a doubt" threshold used in criminal cases.

Injuries Caused By Rear-end collisions

When two cars collide, the severity of injuries depends on several factors. These include the size and type of the cars involved, their speed at the time of impact, and whether the occupants had their seat belts on. The following are examples of common injuries sustained in rear-end crashes:

Soft Tissue and Whiplash injuries

After being involved in a rear-end collision, whiplash is one of the most common injuries sustained. Whiplash occurs when the head is jerked back and forth unexpectedly following a collision. The severity of whiplash varies widely. Mild cases may resolve in a few days or weeks with rest and mobility exercises. Severe cases may require more intense therapy, and the healing process can take months or even years.

TBI or Traumatic Brain Injury

An individual is said to have sustained a traumatic brain injury when the head is struck with a huge force when the skull is punctured by an external object or subjected to extreme rotational forces. Whiplash can also lead to traumatic brain injuries. This happens when the brain slams against the skull on both the front and rear sides. This could lead to severe injuries.

Face Injuries

In rear-end collisions, airbags often deploy, potentially causing facial trauma. While airbags prevent the body from violently impacting the steering wheel and dashboard, they can also inflict facial bruises and even fracture bones during a crash. These outcomes are not only painful but can also be disfiguring.

Spine Injuries

The spinal cord is one of the body's most important parts. It is responsible for transmitting messages from the brain to the rest of the body. If the spinal cord is injured, its ability to convey messages may be disrupted. This can result in temporary or permanent paralysis.

Several Cuts and Lacerations

After a rear-end collision, broken glass and debris from inside or outside the car can cause severe cuts. It is worth noting that injuries from car accidents may extend beyond physical harm. Many individuals experience mental health issues following a crash, like:

  1. Post-traumatic stress disorder
  2. Anxiety
  3. Depression

Common Automobile Damage After Collisions

Following a rear-end crash, vehicles often exhibit these types of damage:

  • Alignment issues
  • Suspension deterioration
  • Engine damage
  • Electrical problems

You can receive compensation for property damage in your vehicle accident claim for various damages sustained on your car.

What Steps Should You Take After Being Rear-Ended In Las Vegas?

To safeguard your rights and potential legal claims, it is essential to know what to do if you are rear-ended or if you rear-end another vehicle. Here's what you need to know after a car accident in Las Vegas:

Bring Your Car To a Stop and Check For Any Injuries

The law requires you to stop your car if you are involved in a rear-end collision in Las Vegas. Pull over to a safe spot and check if everyone involved in the collision, including those in the other vehicle, is okay. If there are any serious injuries, call 911 immediately.

Share Information With Other Motorists

While still at the scene, collect the other driver's identification details, insurance information, vehicle details, and driver's license number.

Make a Report To The Police

If you believe no one has sustained significant injuries, you must submit a report to the police. Be sure to request a copy of the report for your own records.

Collect Available Evidence At The Scene

Gather as much evidence as possible at the accident scene, if you can. Take photographs and videos of the involved cars, focusing on impact points and final positions. Capture images of shattered glass, skid marks, or any other physical evidence that might help explain what occurred. You can also obtain the names and contact information of any witnesses present.

Get Medical Attention

Although you may not feel any symptoms, seek medical attention promptly after your vehicle accident. This is crucial to rule out potential hidden injuries and ensure you receive appropriate treatment. Additionally, early medical care establishes a clear link between the accident and your injuries.

Review Your Auto Insurance Coverage

Different policies have different deadlines for when they must be notified about accidents. Check out yours to determine the time at which the firm needs to be informed about the incident. Should you fail to fulfill the deadline, there is a possibility that your claim may be rejected.

Contact a Las Vegas Attorney Who Specializes In Rear-End Collision Cases

Notify your insurance provider about your accident as soon as possible. However, be cautious about your choice of words. Speaking with a lawyer before contacting the insurance company can help protect your claim and prevent you from accidentally saying something that could jeopardize your ability to collect payment.

An attorney specializing in rear-end collisions can help you understand the personal injury process, investigate your case, prove liability, and negotiate a favorable settlement tailored to your goals and needs.

Legal Actions Following a Rear-End Crash

When pursuing compensation after a vehicle accident, you have several options available. You can:

  • Submit a claim against the liable driver's liability insurance coverage. Taking this course of action is the most common approach and the typical method for obtaining compensation. Once a claim is submitted, an insurance adjuster investigates it, determines fault, and assesses the extent of damage
  • Present a claim to your insurance company. In Nevada, every motorist must have liability insurance. They can also choose other coverage types, such as collision, uninsured and underinsured motorist, and medical expense coverage. If you purchased any of these additional coverages, you may be able to recover compensation for your losses through your insurance company
  • Submit a lawsuit against the liable party. In most cases, this is a last-resort effort attempted only after submitting a claim to an insurance company and failing to reach a settlement through negotiations. The vast majority of automobile collision cases are settled well before reaching a courtroom

The Type of Damages You Can Recover After an Accident

Victims of automobile accidents can fortunately recover several types of damages. These options can help alleviate the financial burden placed on victims by the car accident. The main types of recoverable damages include:

  • Medical Care Expenses

Firstly, victims of rear-end collisions need to ensure their medical bills are covered appropriately. Medical expenses can quickly add up, starting from the time of the accident and often continuing to increase when future care costs are considered. If awarded monetary compensation for their financial bills, accident victims can address their medical treatment without worrying about how to cover the costs.

  • Suffering and Pain

Nevada's status as an at-fault state allows car accident victims to claim the full value of their damages under standard negligence laws. Consequently, victims can file claims beyond typical medical bills and economic damages. These additional claims may include compensation for pain and suffering. For car accident victims experiencing long-term disability, obtaining compensation for accident-related pain and suffering can be particularly beneficial.

  • Emotional Trauma

Victims of vehicle accidents may be eligible for compensation for mental trauma endured due to the accident, similar to compensation for pain and suffering. Many individuals involved in car collisions suffer from post-traumatic stress disorder, leaving them unable to continue driving. Accident victims often struggle with PTSD and other forms of emotional trauma that necessitate compensation.

  • Loss of Wages

The injuries sustained in car accidents often prevent victims from returning to work or keeping their jobs. This can lead to a significant loss of income. Compensation in this case can be given through a vehicle accident settlement.

Such settlements typically include reimbursement for missed paychecks due to the inability to return to work after the accident. Additionally, they may cover future income losses if the victim suffers a long-term disability.

  • Damage To Property

Property damage claims are among the most common in car accidents. Settlements can provide compensation to victims for property damage. This allows them to cover car expenses or repair other damaged property resulting from the accident.

Punitive Damages

Punitive damages are rarely recoverable in rear-end collisions. If the at-fault driver was using their phone during the collision, distracted by texting or talking, they might be held liable for punitive damages in addition to other compensatory judgments such as medical bills.

Rear-End Collision Damage Caps

Damage limitations do not apply to Nevada rear-end incidents. This type of collision is exempt from the damage cap regulation entirely. While damage caps aim to keep insurance costs low and litigation fair by regulating damages per person or accident, they have not functioned as expected.

The Statute of Limitations on a Nevada Rear-End Collision Claim

If you or a family member has been involved in a rear-end collision in Nevada, you should know the statute of limitations. According to NRS Section 11.190(4)(e), car accident victims typically have two years from the accident date to file a personal injury claim. For property damage claims, the timeframe extends to three years.

Attorneys always advise taking prompt action after an accident and contacting a car accident attorney as soon as possible. Two years may seem like ample time, but there is much to accomplish.

Other deadlines may apply, such as time limits for filing a police report or submitting an insurance claim.  Negotiating with the insurance company may be necessary before reaching a fair settlement or deciding to litigate.

How Can A Las Vegas Rear-End Collision Attorney Assist You?

Due to the complications associated with rear-end incidents, having experienced legal representation is crucial. Skilled automobile accident attorneys in Nevada can:

  • Conduct a comprehensive evaluation of the case to determine the claim’s potential
  • Negotiate with insurance providers to ensure appropriate compensation
  • Gather evidence to build a strong claim
  • Provide guidance and assistance throughout the entire process
  • Represent victims in court and advocate for their rights and interests if necessary
  • Represent you in all talks with the insurance adjuster
  • Conduct an impartial investigation to determine what happened and who should be held accountable
  • Construct a compelling argument demonstrating the severity of your injuries and their impact on your life
  • Acquire evidence to prove fault and prevent unfair blame assignment
  • Respond promptly to your phone calls and emails
  • Demand complete and equitable compensation during settlement negotiations

How Much Time Does It Take For An Insurance Company To Resolve A Claim In The State Of Nevada?

In Nevada, insurance companies typically take a minimum of three months to resolve claims, with the exact amount depending on the amount of time it takes to acknowledge, process, and pay out the claim.

Find a Las Vegas Accident Lawyer Near Me

After being involved in a rear-end collision, you may wonder about your options for obtaining compensation. Even if you were the rear driver, you might still be entitled to file a claim for damages if the front driver caused the accident. An experienced attorney specializing in rear-end collision cases can help determine liability, enabling you to seek compensation for medical costs, lost income, and other expenses resulting from your injuries.

Over the years, Dallas Horton & Associates has helped people recover damages in various automobile accident cases across Las Vegas. If you have been involved in a rear-end collision, we are ready to assist you. Our comprehensive understanding of Nevada law makes us an excellent aid throughout your legal proceedings. We will listen carefully to your story and guide you through every step. Call us at 702-820-5917 to schedule a meeting about your rear-end car accident.