Rear- ended in Las Vegas? Rear ended accidents are among the most common forms of car accidents, and they can cause serious injuries to victims. If you or someone you know was involved in a rear-end accident caused by another driver’s negligence, you may be eligible for compensation. 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 also lower the responsibility of the rear car.
What to do after being rear-ended in Las Vegas?
Knowing what to do if you are rear-ended (or rear-end someone else) is important for protecting your rights and any future legal claims you may choose to pursue. Here’s what you should know following a Las Vegas vehicle accident:
- Stop your vehicle and check for injuries: If you are involved in a rear-end accident in Las Vegas, you are required by law to stop your vehicle. Pull over to a safe spot and ensure that everyone involved in the collision is safe, including the occupants of the other vehicle.
- Share information with the other driver: Obtain the other driver’s name, insurance information, car details, and license number.
- Fill out a police report: Even if you don’t believe someone has been seriously harmed, you should file a police report. Be sure to request a copy of the report for your records.
- Gather evidence at the scene: If your injuries do not prevent you from doing so, collect as much evidence as possible from the accident site. Take photos and videos of the vehicles involved, including their locations of impact and final viewpoints. Take photos of skid marks, broken glass, and any tangible evidence that could explain what happened. If witnesses are present, obtain their names and contact information.
- Get medical attention: Even if you feel fine, you should see a doctor as soon as possible following your vehicle accident. Medical care is necessary not just to rule out other injuries and ensure adequate treatment, but also to establish a causal link between the event and your injuries.
- Check your car’s insurance policy: The deadline for notifying insurers of crashes varies by policy. Check yours to discover when the company needs to be notified of the collision. Failure to fulfil the deadline may lead to your claim being refused.
What Are the Common Causes of Rear-End Collisions?
Rear-end accidents are to blame for one out of every five deadly two-car incidents. This shows that such crashes are frequently more than just “fender benders.” Unfortunately, there are other factors that can contribute to these frequently disastrous incidents. In many cases, the root cause is negligence or recklessness. Of course, this depends on the specifics of your case. The following are the most common causes of rear-end collisions in Las Vegas, and they can help you determine who is at fault in your situation:
Distracted driving
- Driver Fatigue
Drunk driving
- Improper passing
- Road rage and aggressive driving.
- Following too closely
- Speeding
- Weather Conditions
Each of these acts of negligence can result in a rear-end car accident. Even when it appears that the other driver is not at fault — such as poor weather — the simple fact is that there should always be adequate distance between vehicles to safely stop.
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 was 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 needs 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.
If numerous cars are involved in the car accident, the issue becomes much more complicated. Perhaps only one driver (the “trigger”) initiated the pile-up, and that driver would bear sole responsibility until intervening factors that worsened the accident. Alternatively, possibly many of the involved drivers are 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.
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, taking into account 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.