Las Vegas Car Accident FAQs

What You Need to Know

After a car accident in Las Vegas, it’s important to understand your rights and legal options. This page offers useful tips on what to do after an accident, how insurance claims work, and key steps to protect yourself. For guidance specific to your situation, contact our experienced personal injury lawyers for a free consultation.

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The Nevada Department of Transportation recommends moving your vehicle out of traffic when possible to reduce the risk of additional accidents. However, capturing photos or videos of the vehicles’ initial positions before moving them can provide vital information for your case. Always prioritize your safety in traffic, especially if you feel shaken or disoriented after the accident.

If you have serious injuries after a Las Vegas car accident, it may not be safe to exit your vehicle, as doing so could worsen your condition. If you are unsure of the severity of your injuries and it is safe to remain in the car, wait for emergency medical responders to arrive. When possible, take photos or videos of the initial positions of the vehicles involved to document the scene.

Yes, you should call the police after any accident in Las Vegas. Having law enforcement on the scene ensures an official report is filed, which can be crucial for insurance claims and legal matters. Even if the other driver disagrees, it is important to involve the police, especially if there are injuries or vehicles blocking traffic.

Give your personal details, vehicle registration, and insurance information after an accident. However, avoid admitting fault or making statements that could imply responsibility, especially if you are shaken or disoriented. The police will usually collect witness statements and may issue citations for any traffic violations, but this does not always happen. You can request a copy of the official report once it is completed.

Yes, it’s crucial to obtain a medical evaluation after a car accident in Las Vegas, even if you feel you have only minor injuries or none at all. Internal injuries may not be immediately apparent, and the adrenaline rush following an accident can mask pain or other symptoms. A thorough evaluation by a medical professional ensures that injuries are identified and documented for your health and for any insurance or legal considerations.

Yes, you should report the accident to your insurance company to access any benefits available under your policy. In Las Vegas, if your insurer requests a recorded statement, it is wise to have an attorney present to ensure your rights are protected and your statements are accurate.

Provide only the essential details of the accident to an insurance adjuster, including the names of those involved, vehicle types, and the reporting officer’s information. In Las Vegas, exercise caution whether you are speaking with your own insurer or the other driver’s, especially when discussing injuries or potential injuries. Casual comments about your condition could affect your compensation. Limit your statements to factual information and avoid admitting fault.

If you are injured in a car accident, it is wise to contact a Las Vegas car accident attorney. Legal assistance can help with insurance settlement negotiations, disputes over fault, and recovering financial losses such as medical bills and lost income. Insurance companies may not offer a fair initial settlement, and you could be asked to sign a release waiving further claims. Seeking legal advice promptly ensures your rights are protected.

The amount you can collect for injuries after a car accident in Las Vegas varies by case, as each accident is unique. Settlement factors include the severity of your injuries, lost wages, vehicle damage, and medical expenses. Having an experienced attorney can help ensure you pursue the full compensation you may be entitled to.

Insurance companies know many drivers may not fully understand their rights after a car accident. They often offer low initial settlements hoping you will accept quickly, especially if you are out of work and need immediate funds. This approach helps them close the claim fast and limit future liability for medical care, lost income, or pain and suffering. An experienced Las Vegas car accident attorney can help protect your rights and pursue the full compensation you may be entitled to.

In many Las Vegas car accidents, the driver who collided with your vehicle may be legally responsible for the injuries and damages you suffered. Fault is usually based on negligence, which means the driver failed to use reasonable care while operating their vehicle.

Some of the most common negligent driving behaviors that cause car accidents in Las Vegas include:

  • Distracted driving, such as texting, eating, or adjusting controls while driving

  • Driving under the influence of alcohol or drugs

  • Tailgating or following too closely

  • Failing to properly use turn signals when turning or changing lanes

  • Running red lights or ignoring stop signs

  • Failing to yield the right-of-way to other drivers or pedestrians

  • Making illegal or unsafe turns

  • Driving while drowsy or fatigued

  • Speeding or driving too fast for road or weather conditions

If the other driver was engaged in any of these unsafe behaviors, they could be considered at fault for your car accident. Under Nevada law, the at-fault driver’s insurance company is typically responsible for paying for your medical bills, lost wages, property damage, and other losses.

While negligent drivers are often responsible for car accidents in Las Vegas, other parties can also be held legally liable for your injuries and damages. In some cases, multiple parties may share fault for a single accident.

Hazardous road conditions are a common factor. Accidents can happen due to:

  • Poorly maintained construction zones

  • Missing or obscured street signs

  • Malfunctioning traffic lights

  • Inadequate or broken street lighting

  • Dangerous potholes or crumbling pavement

When unsafe road conditions play a role, government agencies responsible for road maintenance and safety may be held accountable. This could include the City of Las Vegas, Clark County, or the Nevada Department of Transportation (NDOT).

Alcohol-related crashes may also involve other liable parties. If a drunk driver caused your accident, it may be possible to pursue compensation from the establishment that overserved alcohol to an obviously intoxicated person, depending on the specific circumstances of the case.

Defective vehicle parts are another potential cause. If a car part fails and contributes to an accident, companies involved in the design, manufacturing, distribution, or sale of that part could be held responsible. This might include automakers, parts manufacturers, dealerships, or safety inspectors.

Identifying every potentially liable party is essential because it can increase the amount of compensation available to you after a serious crash.

Car accidents in Las Vegas can cause a wide range of injuries, from minor to life-altering. The most common injuries seen after collisions include:

  • Back injuries

  • Spinal cord injuries

  • Traumatic brain injuries (TBI)

  • Paralysis

  • Amputations

  • Post-traumatic stress disorder (PTSD)

  • Head injuries, including concussions

  • Whiplash

  • Broken or fractured bones

These injuries can lead to long-term medical treatment, rehabilitation, or permanent disability. Even injuries that seem minor at first can develop into serious complications over time. Seeking prompt medical evaluation after an accident is essential to protect your health and support any potential personal injury claim.

There are several types of car accidents that are common in Las Vegas, and identifying the type of crash is important when determining fault and liability. Common types include:

  • T-bone collisions

  • Sideswipe accidents

  • Single-vehicle crashes

  • Rear-end collisions

  • Intersection accidents

  • Head-on collisions

  • Wrong-way driving incidents

  • Run-off-road crashes

  • Multi-vehicle pile-ups

Each type of accident may involve different causes, such as driver negligence, vehicle defects, or unsafe road conditions. Understanding the type of accident can help a Las Vegas car accident attorney build a strong case and determine who may be responsible for your injuries.

Many injured people in Las Vegas hesitate to pursue a claim because they believe sharing fault means they cannot recover compensation. However, Nevada follows a modified comparative negligence rule. This means you can still recover damages if you are found to be 50% or less at fault for the accident. Your total compensation will simply be reduced by your percentage of fault. For example, if you are awarded $100,000 but found 10% at fault, your compensation would be reduced to $90,000. A Las Vegas car accident attorney can help protect your rights and work to minimize the percentage of fault assigned to you.

In Las Vegas, you generally have two years from the date of a car accident to file a lawsuit under Nevada’s statute of limitations. However, this period can vary depending on the specifics of your case. Missing the deadline usually means your case cannot be heard in civil court. Because these rules can be complex, it is advisable to consult an experienced Las Vegas car accident attorney to protect your rights and ensure all deadlines are met.

A Las Vegas car accident attorney can play a critical role in your case while you focus on recovering from your injuries. Your attorney will work to secure the maximum compensation possible and handle key aspects of your claim, including:

  • Investigating the cause of the accident

  • Determining liability for your injuries

  • Consulting with expert witnesses

  • Gathering evidence to support your claim

  • Estimating the total value of your damages

  • Preparing and filing paperwork with insurance companies

  • Negotiating settlements with insurers

  • Preparing your case for trial, if necessary

  • Representing and defending your rights in court

You may wonder when it is the right time to contact a Las Vegas car accident attorney. Even if your injuries seem minor, there are key situations where legal guidance is important:

  • If another party may be at fault for the accident

  • If you have suffered significant losses, such as medical expenses, lost income, or property damage

When it is unclear who is responsible for your injuries, consulting an experienced car accident attorney can help you understand your options and protect your rights.

Economic damages are measurable financial losses that car accident victims in Las Vegas may recover. These damages have a specific monetary value. Examples include medical bills resulting from your injuries.

Economic damages can also cover:

  • Lost wages

  • Reduced future earning potential

  • Costs for medical equipment

  • Future medical care expenses

  • Unexpected childcare costs

  • Household maintenance and upkeep

  • Vehicle repair or replacement costs

These are tangible losses that you may be entitled to recover after a car accident.

You may be eligible for punitive damages in your car accident lawsuit. While not typically awarded in personal injury cases, punitive damages are considered by the court if the at-fault party’s behavior is found to be especially harmful, egregious, or outrageous. These damages are intended as a punishment and serve as a deterrent, signaling to the broader community that the court will not condone such conduct. They are granted in addition to the actual losses (economic and non-economic damages) incurred.

To establish a solid car accident claim, various forms of evidence can be utilized. Common evidence that proves instrumental in car accident cases in Las Vegas includes:

Surveillance video from surrounding homes or businesses

Photos of the accident scene

Images of the injuries sustained by the victim immediately after the accident

Forensic evidence and expert witness accounts

Statements from eyewitnesses

Official police and accident reports

Medical records documenting the victim’s injuries

Accidents with uninsured drivers can pose a challenge. In Nevada, uninsured motorist coverage isn’t mandatory. If you decided against including this in your policy, seeking compensation might be tougher.

Nevertheless, you might still pursue legal action against the uninsured driver. There might be other entities partially responsible for your injuries too. Consulting with an attorney can be your best step to uncover all available options after an accident with an uninsured driver.

In Nevada, the law mandates that all drivers must have certain minimum auto insurance coverages, which are:

$25,000 for bodily injury per person

$50,000 for bodily injury per accident

$20,000 for property damage per accident

While drivers are not legally obligated to carry additional benefits, it is wise to protect you and your loved ones by purchasing uninsured motorist coverage, underinsured motorist coverage, medical payment coverage, collision, comprehensive as these offer financial protection in case of an accident.

It’s a common misconception among many Las Vegas car accident victims that obtaining a settlement from an insurance company will be straightforward. However, dealing with insurance can be quite complex.

Insurance companies are obliged to pay only up to the policy limit of the at-fault driver. If, for instance, the responsible party has a bodily injury liability limit of $25,000 and your medical costs exceed $50,000, the insurer is not obligated to pay more than $25,000.

Any additional losses you’ve incurred may have to be pursued through a civil lawsuit against the person responsible for the accident.

The time frame for settling a car accident case in Las Vegas can vary significantly, influenced by the case’s intricacies. Some cases may conclude quickly, reaching a settlement through the insurance company within a few months. However, if the case goes to trial, it could take several years to secure the compensation you’re entitled to. Legal action isn’t always fast, but for many dealing with substantial losses from a car accident, it may be the most effective avenue to obtain the necessary financial support.

In Nevada, liability insurance covers damages when a driver is at fault due to negligence. For example, if a distracted driver hits you from behind, you can file a claim against their liability insurance. Nevada law requires minimum coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage.

If your damages exceed the at-fault driver’s coverage, you could theoretically pursue additional compensation through a lawsuit targeting the driver’s personal assets. However, many drivers with only minimum coverage may not have significant assets to recover. Without underinsured motorist (UIM) or MedPay coverage on your own policy, you may not be fully compensated.

Medical Payments coverage, or MedPay, helps cover reasonable and necessary medical expenses resulting from an auto accident, regardless of who is at fault. MedPay applies to all passengers in your vehicle at the time of the accident, with each person eligible up to the policy’s limit.

Unlike some insurance coverages, MedPay usually is not restricted by a per-incident limit and follows you and your family members, providing protection in any auto-related accident, including auto versus pedestrian incidents or when riding in someone else’s vehicle.

If your Underinsured Motorist (UIM) coverage pays out, your insurer may deduct any MedPay benefits from the total UIM compensation.

The value of a car accident case in Las Vegas depends on more than just medical expenses. Factors that affect your claim include:

  • The severity of damage to your vehicle

  • Preexisting injuries

  • Any contributory fault

  • The ability to verify injuries through medical evidence

  • Lost wages

  • Pain and suffering

  • Egregious actions by the at-fault driver, such as drunk driving or street racing

Intangible damages like pain and suffering can vary widely, making outcomes unpredictable.

A Las Vegas car accident attorney can help identify all insurance policies that may provide compensation and the maximum recoverable amount under each. Injured parties may be entitled to compensation from multiple sources, including:

  • Liability insurance of the driver of the vehicle you were in

  • Liability insurance of the other driver

  • Underinsured Motorist (UIM) or MedPay coverage from your vehicle or the vehicle you were in

  • Liability insurance from the owner of the other vehicle

  • UIM or MedPay coverage from a resident relative

The total claim value may exceed available insurance coverage, which is why having UIM and MedPay coverage is essential to maximize recovery.

It is possible to recover more than the at-fault driver’s policy limits in Las Vegas, but it is uncommon. If your claim exceeds the driver’s coverage, you could theoretically pursue the excess from their personal assets. In reality, most individuals with significant assets carry sufficient insurance. Other legal strategies, such as pursuing a bad faith claim against the insurer, may also provide additional recovery options.

“Bad faith” occurs when a Las Vegas insurance company fails to act in good faith or uphold its contractual duties to the insured. If a claim against the insured is likely to exceed policy limits, the insurer must consider settling within those limits to protect the insured from personal liability. An insurer that unreasonably refuses to settle may be held responsible for any judgment above the policy limits, as well as attorneys’ fees and related costs.

In Nevada, auto insurance companies generally cannot raise your premiums, cancel, or refuse to renew your policy solely because you were involved in a car accident where you were not at fault. To qualify for this protection under NRS 687B.385, you must be found less than 50% at fault in the accident.

Yes, you can file a lawsuit in Nevada if the police are at fault for a car accident. However, under Nevada’s Waiver of Sovereign Immunity Statute, damages recoverable from any government entity, including police departments, are capped at $200,000.

When it comes to Underinsured Motorist (UIM) coverage, the insurer’s obligation is based on your legal right to recover from a driver whose insurance is insufficient. For government vehicles, the limit comes from the sovereign immunity cap, not a lack of insurance. For example, in White v. Continental Ins. Co., the Nevada Supreme Court ruled that UIM benefits do not apply when damages exceed the government’s statutory liability cap.

In Las Vegas personal injury law, you must show that each defendant’s negligence caused your injuries to claim compensation. After establishing fault, the defendants are responsible for separating the damages between the two accidents. If they cannot clearly determine which injuries resulted from which crash, the defendants may be held jointly and severally liable, meaning you could potentially recover the full amount of your damages from any one of the at-fault parties.

If the at-fault driver is not the owner of the vehicle, the vehicle owner’s liability insurance is typically considered primary. The at-fault driver’s personal liability insurance would act as secondary coverage.

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Privacy Policy: We value your privacy. We never sell or share your information, except as needed to provide legal services or comply with the law. By providing your phone number, you agree to receive SMS messages from Jerez Law. Consent is not required to receive services. Message/data rates may apply; frequency varies. Reply STOP to unsubscribe.