Rear-end collisions are among the most prevalent types of auto accidents in the United States. Residents and tourists frequent Las Vegas, a busy city where such accidents are common. The aftermath of a rear-end collision could range from mild discomfort caused by a whiplash to catastrophic injuries or death.

Fortunately, victims of rear-end collisions can recover compensation for their injuries by filing a personal injury lawsuit. A critical aspect of a personal injury lawsuit is assigning fault for the accident. This helps establish a defendant for your lawsuit.

Nevada law bases fault for accidents on negligence. Therefore, you must prove that a person’s negligent acts resulted in your accident. This ensures that the court can hold the negligent party accountable for the losses you incur. Faults caused by rear-end collisions could lie with the rear driver, the lead driver, other motorists, or even vehicle manufacturers.

Pursuing a lawsuit for a rear-end collision is an uphill task. Therefore, you will require the guidance of a reliable personal injury lawyer. Your attorney will help you navigate the Nevada personal injury laws for a successful lawsuit.

An Overview of Rear-End Accidents in Nevada

A rear-end accident occurs when one vehicle hits another vehicle from behind. This type of accident can involve two or more vehicles, depending on the circumstances. All drivers are responsible for ensuring the safety of other road users. They can exercise their duty of care by avoiding tailgating, distracted driving, and speeding.

A rear-end collision can have lasting impacts on the victim. Depending on the severity of the impact, you can suffer:

  • Physical injury. A rear-end collision can cause severe injuries, including whiplash, cuts and bruises, head injury, spinal cord injury, or even death.
  • Emotional trauma. Being involved in a rear-end accident is a traumatizing experience for a victim and their family. This will lead to stress, depression, and PTSD. When left untreated, these conditions can strain your personal life.
  • Financial burden. The injuries resulting from a rear-end accident can leave you struggling with huge medical bills. Additionally, you could miss work hours while you nurse your injuries.

Most rear-end collisions result from negligent acts by drivers, motorists, and other road users. As a rear-end collision victim, you can recover compensation for your injuries and losses. This is by filing a claim with the at-fault driver's insurance company or a personal injury lawsuit.

Liability in a Rear-End Collision in Nevada

Establishing fault is a significant aspect of filing a lawsuit or a claim for compensation after a rear-end accident. After identifying the parties involved in the accident, you must prove liability. Negligence determines liability in personal injury cases. This means a person whose negligence resulted in the accident will shoulder liability for your accident and injuries.

Nevada operates on comparative fault. This means that liability for an accident is shared depending on the percentage of fault. If you are 30% liable for the accident, you could file a lawsuit and recover compensation for the 70% that lies on another driver or road user.

You must prove the following elements when establishing fault in a rear-end accident:

Duty of Care

When you file a lawsuit against another person for injuries from a rear-end accident, you must prove they owe you a duty of care. Duty of care is the responsibility of each driver and road user to ensure other people's safety. Therefore, all drivers must exercise reasonable caution to avoid causing accidents and injuries.

Breach of Duty

Owing you a duty of care is not enough to hold a person responsible for your accidents and injuries. You must prove that the defendant breached their duty towards you. Breaching a duty of care involves acts in a manner that places you at risk of injuries or death.

You can prove that another driver breached their duty of care towards you. This is by driving under alcohol, distracted driving, or speeding.

If you file a lawsuit against another road user, you must prove how they breached the duty of care. If a faulty vehicle part caused your accident, you can prove that the manufacturer or retailer breached the duty towards you.

Causation

You must prove that a person's breach of duty caused your accident and injuries. You are not required to prove that the defendant's actions were the only contributing factor to the accident. If the defendant played a significant role in the accident, you can hold them accountable for your injuries.

Damages

The final element you must prove when establishing liability in a rear-end accident is the damages you suffer. You must show that the accident resulted in your injuries and losses. You can prove your damages by presenting a medical report and photographing your injuries. Additionally, you can obtain a letter from your employer showing the loss of wages and income. Different parties can shoulder liability for a rear-end collision, including:

Instances When Fault Lies on the Lead Driver

Many people assume that the fault for a rear-end collision will always lie on the rear driver. However, this is not always the case. There are instances when the court can hold a lead driver liable for a rear-end accident. They include:

  • Cutting off the rear driver without signaling. A driver must ensure proper signaling and sufficient space before cutting traffic. If a driver cuts you off and you hit them from behind under these circumstances, you can hold them liable for your accident and injuries.
  • Stopping abruptly. Unfortunately, there are times when a driver can step on the brakes instead of the gas pedal, causing an abrupt stop. If the sudden stop results in a rear-end collision, the lead driver can shoulder liability for the accident.
  • Reversing into another car. If a driver reverses into a vehicle behind them in the parking area or on the road, the lead driver is most likely liable for the accident.
  • Failure to turn on hazard lights when the vehicle stalls. Drivers must keep a particular distance behind another vehicle in traffic. However, they should turn on the hazard lights to warn the rear drivers if the vehicle speed stalls. Failure to do this could result in liability and a lawsuit for the rear-end collision.
  • Driving with defective brakes. Drivers in Nevada are liable for ensuring that all the vehicle parts function properly before operating the vehicle on the roads. If a driver knowingly drives a vehicle with faulty brakes, the brakes can malfunction, resulting in a rear-end collision. Under these circumstances, you can hold the driver with the faculty banks liable for your accident and injuries.
  • Faulty brake lights. Cars with faulty brake lights are not easily noticeable on the road by the cars behind them. Therefore, a lead driver can shoulder the liability for a rear-end collision if you prove that they operated a vehicle with faulty brake lights.

Instances When Fault Falls on the Rear Driver

A rear driver shoulders liability for a rear-end collision under the following circumstances:

  • Tailgating

In Nevada, it is unlawful for a driver to follow another driver too closely. Tailgating is an offense under NRS 484B.127. Tailgating is a common factor that could contribute to a rear driver's liability for a rear-end accident. If you can prove that the rear driver drove too close to the lead vehicle, you can hold them accountable for the injuries you suffered from this type of accident.

  • Distracted Driving

A driver is distracted when their physical and mental concentration is not on the road. Several factors could distract a driver. They include eating and drinking while driving, texting while driving, and having conversations with passengers in the vehicle. When drivers operate a vehicle while distracted, they may not notice the vehicle in front of them.

  • Driving Under the Influence of Alcohol or Drugs

DUI is a leading cause of auto accidents in Nevada. An intoxicated driver lacks the interception of distance and speed. Additionally, they could have poor vision, making it easy to hit other vehicles from behind. When police officers arrive at an accident scene, they may test the blood alcohol content of the drivers involved in the accident. If the rear driver operates under drug or alcohol influence, they can shoulder the liability for the accident.

  • Road Rage

When a driver acts aggressively out of irritation and frustration, it's known as road rage. Drivers and other road users are in danger of accidents and injury when aggressive and violent behavior occurs on the road. You can hold the other driver accountable for your injuries if their road rage caused your collision.

  • Speeding

Under Nevada law, driving over a recommended speed limit is an offense. When a driver speeds, stopping the vehicle when necessary can prove challenging. If a driver hits another car from behind while speeding, the accident victims can file a lawsuit against the rear driver.

Instances When Fault Lies on Third Parties

Drivers are not the only parties liable for a rear-end accident in Nevada. Sometimes, other parties can share the blame for the rear-end crash. Circumstances under which you can hold a third party for a rear-end collision include:

  • Vehicle Part Defects

Driver error is not the only factor contributing to auto accidents. Operating a vehicle with faulty parts can cause a collision. If your rear-end accident results from faulty brakes or brake lights, the court can hold the vehicle manufacturer liable for the accidents and injuries.

  • Poorly Maintained Roads

Poor road conditions can cause a vehicle to stop suddenly, resulting in a rear-end collision. Under these circumstances, you can file a lawsuit against the government agencies responsible for the construction and maintenance of the roadways.

  • Pedestrians Stepping into Traffic

A driver can stop on the road without warning to avoid hitting pedestrians who jumped into traffic at the wrong place. In this case, the sudden stop will cause the rear drivers to hit the vehicle. Under these circumstances, a rear-end accident can involve one or multiple vehicles.

If you suffer injuries in an accident under these circumstances, you can file a lawsuit and name the pedestrian as the defendant.

  • Negligence from other Drivers

Many factors can contribute to a rear-end collision, including negligent acts by other drivers. Some negligent acts include running a red light, speeding, and distracted driving. Different parties can share fault in a rear-end collision. Therefore, you can file a lawsuit against multiple individuals.

Evidence Needed to Establish Fault in a Rear-End Accident

You will require the following types of evidence when establishing fault for a rear-end collision:

Police Reports

The first step after a rear-end collision is to call the police. When the officers arrive at the scene, they may interview all involved while assessing the situation. After doing this, they will write a report. The police play a crucial role in determining liability in the accident.

This is because the officers' accounts of events are neutral and professional. When you file a personal injury lawsuit, you can subpoena the police report and use it in your case.

Eyewitness Testimony

After a rear-end collision, you can identify individuals who may have witnessed the accident. Additionally, you can request that they record statements with law enforcement officers. Additionally, you can take down their contact information and ask them to testify in your lawsuit. If a person witnessed the incidents before and after the accident, you can use their testimony to prove fault for the accident.

Photographs and Video Surveillance

A picture or video surveillance showing the accident is one of the most reliable forms of evidence you could present in a personal injury lawsuit. Video surveillance can show the events that resulted in the accident, helping establish where the fault lies.

Testimony from Experts

You can enlist expert witnesses ' services when proving liability for a rear-end collision. These witnesses could include accident reconstruction experts. An accident reconstruction expert can determine how the accident could have happened.

Vehicle Damage

Determining who is at fault in a rear-end collision. For instance, severe damage to a vehicle or a high-impact collision may be signs of excessive speed. Furthermore, the angle at which the rear car collided with the front vehicle may reveal the cause of the crash and establish fault.

Filing a Lawsuit After a Rear-End Collision in Nevada

You can recover compensation for the injuries resulting from a rear-end accident by filing a lawsuit for a personal injury lawsuit against the liable parties. The steps you take after an accident can dictate the outcome of your lawsuit and your ability to recover compensation. The following are steps you take after an auto accident in Nevada:

Call 911

If you suffer a rear-end collision, the first step you must take is to seek emergency services. By calling 911, paramedics and police officers will arrive at the scene. This allows the injured persons to receive the emergency help needed to save their lives.

When police arrive at the scene, you must only answer basic questions and avoid taking fault for the accident. Even if you're partially at fault for the accident, you should not speak on your liability until you seek legal guidance.

Collect Information About other Drivers at the Scene

If you do not have severe injuries, you can note down the information of other drivers. This includes their names, vehicle registration, and insurance information. You can contact their auto insurance company and claim compensation for your injuries with this information.

Seek Medical Attention

You must seek immediate medical attention if you are not taken into emergency care after a rear-end collision. This ensures that you receive an early diagnosis and treatment for your injuries. After treatment, you must ensure that your attending physician keeps records of your injuries, procedures, and medication administered. Your medical records are crucial evidence in your personal injury lawsuit.

Seek Legal Guidance

You want to recover compensation for your injuries after a rear-end car accident. However, navigating the personal injury laws of Nevada is complex. Therefore, you will require the guidance of a skilled personal injury attorney. Before interacting with the insurance company, you need an attorney to guide you on divulging information.

Additionally, your attorney will help you collect further evidence for your claim as you concentrate on nursing your injuries.

File an Insurance Claim

Your attorney will help you file a claim with the insurance company of the at-fault party in the accident. Before you file your claim, the insurance company can contact you through its adjusters. You must be careful when interacting with the insurance adjusters. This is because they aim to minimize the company's compensation and do not have your best interests at heart.

When you file your claim, the insurance company may offer you compensation. If the compensation you stand to receive from this offer is not enough to cover your losses, you should not accept it.

File a Personal Injury Lawsuit

If you disagree with the insurance company, you can file a personal injury lawsuit in court. When you pursue a lawsuit, the judge will determine the compensation you deserve for your injuries after reviewing the evidence you and the defendant present for the case.

Compensation Benefits in a Rear-End Collision Lawsuit

After a successful lawsuit for a rear-end collision, you can recover compensation for the following damages:

Medical Expenses

The injuries from a rear-end accident can leave you with substantial medical expenses. In a successful personal injury lawsuit, the court will award you compensation for current, ongoing, and future medical costs resulting from the accident.

Lost Wages

While nursing the injuries from your rear-end collision, you can miss weeks or months of work. This will result in the loss of your income from monthly pay, bonuses, overtime, and self-employment. The court will award you compensation for these losses in a successful lawsuit.

You can prove lost wages by obtaining a letter from your employer indicating the number of work hours you missed. Alternatively, you could use your pay stubs and tax returns to prove lost income.

Last Earning Capacity

Sometimes, the injuries from a rear-end collision are permanent or fail to recover effectively. Under these circumstances, you cannot return to your job position before the accident. Sometimes, the injuries leave you permanently disabled, which impacts your ability to work and earn a living.

If your injuries have not been recovered by the settlement date, the court can award you compensation for your lost future reading capacity.

Pain and Suffering

The injuries resulting from rear-end accident collisions can cause severe physical pain and emotional trauma. Although you cannot equate pain to a dollar value, you can recover compensation for your pain and suffering.

Wrongful Death

If you lose a loved one in a rear-end accident, you can recover compensation for their wrongful death. The compensation you will recover can cover the death and funeral expenses you incur to give your loved one a decent send-off. Additionally, the compensation can cover the emotional suffering and loss of consortium resulting from the wrongful death.

Find a Competent Personal Injury Attorney Near Me

Rear-end collisions occur when one driver hits another driver from the back. Depending on the severity of the impact, a rear-end collision can cause severe injuries to the victims. The injuries include whiplash, spinal cord injuries, traumatic brain injuries, and death. If you are a rear-end collision victim, you can file a lawsuit against the liable parties to recover compensation for your injuries.

However, you must establish liability for the accident before recovering a companion. Liability is not clear-cut in a rear-end collision. Different parties, including the lead driver, rear driver, and other road users, could shoulder the liability for the accident. The court will order compensation if you prove that a defendant's negligence resulted in your accident and injuries.

You could recover benefits from a rear-end collision lawsuit, including medical expenses, lost wages, and pain and suffering. If you lose a loved one in such an accident, the court will award you compensation for the wrongful death lawsuit. At Dallas Horton & Associates, we offer expert legal insight for our clients battling personal injury lawsuits in Las Vegas, NV. Call us at 702-820-5917 today for much-needed guidance.