If you’ve been in a rear-end collision in Nevada, most people would assume the driver who hit you was at fault, right? It makes sense—we assume the back driver is always at fault. However, determining responsibility is not always straightforward. So, who’s responsible in a rear-end collision? Several issues under Nevada law can make determining who is responsible complex.

While rear drivers are usually considered to be at blame in rear-end collisions, this is not always true. Situations such as the front driver braking irresponsibly or bad weather can lower the responsibility of the rear car. Figuring out the accurate fault is essential for everyone involved because even injured victims might have their compensation reduced if they share any blame for causing the accident.

Liability for Rear-End Accidents in Nevada

Because Nevada is a fault-based state, liability for rear-end collisions is determined by whether the driver was careless or failed to use reasonable care. Drivers have a responsibility of care to drive safely and obey traffic laws. When they break that obligation (for example, by speeding, texting, or making abrupt lane changes), they are considered negligent and liable for any damage or harm caused. As a result, while there is a broad presumption of liability against a driver who rear-ends another car, this does not mean automatic liability. The presumption can be overturned if evidence reveals that the rear-ended driver was negligent or contributed to the collision.

How to Determine Fault in a Rear-End Collision in Nevada?

The rear driver is not always to blame in rear-end collisions. In many cases, the front driver’s negligence caused or contributed to the accident.

When the front driver is to blame.

A lead driver in a rear-end collision may be at blame — or partially at fault — if they either:

• Cut off the next driver without giving enough distance or signal; changed lanes without giving enough warning;
• Accidentally stepped on the brakes rather than the throttle;
• Drove a car with faulty brakes;
• Accidentally had the car in reverse;
• Backing up illegally (in violation of NRS 484B.113).
• Drivers who had broken tail lights or brake lights,
• Failed to turn on hazard lights if the car is stalled,
• Stopped unexpectedly, or did not move a stalling car out of the road in a timely manner.

Note that drivers who back up unsafely may share fault with the rear driver if the rear driver is tailgating.

When the rear driver is at fault.

Certainly, the majority of rear-end fender benders are caused by the rear driver. Typical causes for such accidents include:

• Tailgating (NRS 484B.127);
• Texting while driving (NRS 484B.165);
• Driving while intoxicated (NRS 484B.600);
• Road rage.
• Aggressive driving;
• Speeding (NRS 484B.600); and/or
• Intentionally driving a vehicle with faulty brakes (or other technical issues)

Tailgating is by far the most common of these causes. Under NRS 484B.127 rear drivers need to maintain a safe distance from the vehicle in front of them. If the front car comes to a sudden stop, the rear driver may not have enough time and distance to defuse the situation.

Third parties who may be at fault.

Sometimes, parties other than the drivers involved share responsibility for causing a rear-end collision. Other possible causes for these collisions are:

• Mechanical issues, which can be the manufacturer’s fault;
• Foggy or wet conditions, which are not anyone’s fault unless the drivers did not drive carefully;
• Poor road maintenance may be the responsibility of the city or county.

The issue becomes much more complicated if numerous cars are involved in the car accident. Perhaps only one driver (the “trigger”) initiated the pile-up, and that driver would bear sole responsibility until intervening factors worsened the accident. Alternatively, many of the involved drivers may be at fault and share the blame.

Common evidence that proves fault

When you file a negligence claim, your lawyers often rely on the following evidence:

• Eyewitness and smartphone video;
• Police reports; video surveillance (particularly from cameras mounted on traffic lights);
• Expert testimony from accident reconstruction (who are skilled at interpreting dents, skid marks, and debris);
• Medical records; and/or expert testimony from medical professionals who are adept at figuring out what caused a specific injury

If a car accident case proceeds to trial, you must prove the defendant is negligent “by a preponderance of the evidence.” This suggests that the defendant was most likely at blame for the accident.

This standard is far lower than the “beyond a reasonable doubt” standard applied in criminal cases.

What if I was partially at fault?

Some car accidents are clearly the fault of a single driver. However, many accidents are caused by both the lead and rear drivers’ negligence.

In Nevada, a driver who was partially responsible for a rear-end collision may still be entitled to sue and receive damages. Only one requirement applies: the other driver must be at least 50% at fault. A driver who is more than 50% at fault cannot receive any damages.

For Example: Ethan is driving his car in Reno, NV when he realizes he is about to miss his turn. He changes lanes really quickly without using a turn signal. This causes Olivia — who happened to be speeding — to plow into Ethan. Olivia sues Ethan for negligence.

At trial, the jury determined that Ethan was 60% at fault for changing lanes quickly and without a turn signal, and Olivia was 40% at fault for speeding. Since Ethan was at least half to blame, Olivia can recover damages from Ethan.

Contact our Experienced Car Accident Lawyer in Nevada Today!

While Nevada law generally gives fault to the rear driver in a rear-end collision, the reality can be more complex. Victims must act quickly, considering the statute of limitations, and seek professional representation to help them navigate the legal complexities and advocate for their rights.

Anyone engaged in a rear-end collision in Las Vegas should contact with a knowledgeable car accident lawyer. The attorneys at Lach Injury Law can provide guidance, assist with evidence, and represent your best interests, ensuring you receive the compensation you deserve for your losses.