Understanding Car Accidents in Nevada
Car accidents occur in Nevada each day. Thousands of people are injured or killed in motor vehicle accidents yearly. Sadly, most of the motor vehicle accidents in Nevada could have been avoided.
Common Causes of Nevada Car Accidents
The most common causes of Nevada car crashes involve driver negligence. Inattention and reckless driving behavior account for most car wrecks.
Common causes of car accidents include:
- Speeding and reckless driving
- Road rage and aggressive driving
- Distracted driving
- Driving while impaired by alcohol or drugs
- Failing to follow traffic laws, including following too closely and failing to yield the right of way
- Fatigued or drowsy driving
Hazardous road conditions and poor weather conditions can contribute to the cause of some car crashes. Additionally, defective automobiles and parts could cause some car accidents.
Car Accident Victims Sustain Severe Injuries
A car accident can result in traumatic injuries. Catastrophic injuries often result in fatalities and permanent disabilities.
Car accident injuries include:
- Broken bones and fractures
- Internal organ damage
- Traumatic brain injury
- Seatbelt and airbag injuries
- Chest injuries
- Spinal cord injuries and paralysis
- Crushing injuries
- Severe burns and scarring
- Amputations and loss of limbs
- Neck injuries, including whiplash
- Nerve damage and soft tissue injuries
- Back injuries, including broken vertebra, ruptured discs, and herniated discs
According to Justin Watkins, an experienced Las Vegas car accident attorney, “Since Nevada is an at-fault state for car accidents, accident victims can sue the party or parties who caused the car accident”. Attorney Watkins explains it’s critical to consult your car accident case with a legal expert because the severity of the car accident injury directly impacts the quality of life, emotional well-being, physical health, and financial stability of car accident victims.
Nevada drivers are required to have minimum liability insurance for automobile accidents. Therefore, most car accident claims begin by filing an insurance claim with the at-fault driver’s insurance company. If the insurance company refuses to accept liability for the accident or pay a reasonable amount for damage, you can file a lawsuit against the driver.
You Can Recover Compensation for Car Accident Claims
The compensation you receive for a car accident claim depends on the severity of your injuries and liability. Generally, car accident victims can recover compensation for their economic damages.
These financial losses include:
- Medical bills and expenses
- Nursing care
- Out-of-pocket expenses
- Personal care and household services
- Lost wages and benefits
Additionally, they can recover compensation for non-economic damages or “pain and suffering” damages. These damages include physical pain, mental anguish, and emotional suffering. Accident victims can also recover compensation for loss of enjoyment of life.
If a person sustains a permanent injury, they can recover future damages. Future damages include:
- Diminished earning capacity
- Ongoing medical expenses
- Long-term nursing and personal care
- Decrease in quality of life
In some cases, a car accident victim might receive punitive damages if they file a lawsuit. A jury awards punitive damages to “punish” a defendant for malice, fraud, or oppression. Punitive damages are only awarded in a small number of cases.
How Do You Prove Fault for a Car Accident in Nevada?
- A party owed the accident victim a legal duty of care
- The party breached the duty of care
- The breach of care by the at-fault party was the direct and proximate cause of the car accident which resulted in the victim’s injuries
- The victim sustained damages because of the car accident
The burden of proof is on the accident victim to prove fault, causation, and damages to establish liability. If the case goes to trial, the level of proof is by a preponderance of the evidence. The jury must find that there is a greater than 50% chance that the allegations against the defendant are true.
Can You Receive Compensation for Damages if You Were Partially to Blame for a Nevada Car Accident?
Nevada adopted a modified comparative negligence law for personal injury cases, including car accidents. Nevada Revised Statute §41-141 does not bar a victim’s recovery for damages unless the victim was 51% or more at fault for the cause of their injury.
Therefore, you can be partially to blame for the cause of a car accident and still receive some compensation for damages. However, the amount you receive for damages is reduced by the percentage of your fault. For instance, if you are 20% at fault for the cause of a car crash, the court reduces your damages award by 20%.
Contact a Car Accident Lawyer For Help With Your Case
Car accident victims should seek legal advice from a car accident lawyer if they have questions or need assistance with a car accident claim. An attorney can help accident victims better understand their legal options, such as the compensation they may receive for their injuries, pain and suffering, medical bills, lost income, and other expenses that may be incurred.If you’ve been in a car accident in Las Vegas, you should contact an experienced Las Vegas car accident lawyer to help you with your case.