If you or a loved one has been injured in a Nevada car accident, you probably have many questions about your rights and next steps. This article provides an overview of key Nevada laws and regulations related to car accidents, injuries, insurance claims and lawsuits. Understanding these issues will help you make informed decisions about your case.
Determining Fault
Nevada is a “comparative negligence” state when it comes to determining fault in an accident. This means that liability is assigned based on each party’s percentage of fault. So, if you are found to be 25% at fault for an accident and the other driver is 75% at fault, you can still recover compensation. However, your damages will be reduced by your percentage of fault.
It’s important to document evidence and work with your car accident lawyer Reno NV to build the strongest case possible assigning fault to the other driver. Types of evidence that may be used to prove fault include:
- Police reports and traffic citations
- Photographs of property damage, injuries, and accident scene
- Videos from dash cams, surveillance cameras, and eyewitnesses
- Data from vehicle black boxes and crash event recorders
- Accident reconstruction and engineering reports
- Medical reports linking injuries to the collision
- Eyewitness accounts and testimony
Thoroughly documenting the accident and proving the other driver’s fault is key to maximizing compensation.
Common Causes of Accidents in Nevada
Some common causes of car accidents in Nevada include:
- Speeding – Driving over the posted speed limit is a major contributor to crashes. Nevada has a “basic speed law” requiring drivers to travel at a safe speed for conditions.
- Impaired driving – Drunk, drugged, or drowsy driving all impair reaction times and decision making, increasing accident risk. Nevada has strict DUI laws with severe penalties.
- Distracted driving – Activities like texting, eating, or programming a GPS divert attention from the road and lead to accidents. Nevada banned handheld cell phone use while driving.
- Aggressive driving – Behaviors like tailgating, unsafe passing, and road rage can quickly escalate into a crash. Drive defensively and avoid engaging with aggressive drivers.
- Unsafe lane changes – Failing to signal, not checking blind spots, and crossing multiple lanes unsafely can cause sideswipe or merger accidents. Always signal, check surroundings, and make gradual lane changes.
- Fatigued driving – Drowsy drivers have slow reaction times and may nod off behind the wheel. Be sure to get adequate rest and stop if you feel tired.
- Unsafe turns – Making turns without proper signaling or right-of-way can lead to dangerous broadside collisions. Follow right-of-way laws and be cautious at intersections.
- Weather conditions – Rain, snow, and ice reduce braking ability and traction. Slow down and increase following distance during inclement weather.
Auto Insurance Requirements
The state of Nevada has set minimum liability insurance requirements for drivers. Specifically, Nevada law mandates that drivers carry insurance policies that provide at minimum $25,000 of coverage for bodily injury per person injured, up to $50,000 of bodily injury coverage per accident, and $20,000 of coverage for property damage per accident.
Drivers are required to show proof of insurance when:
- Registering a vehicle
- Renewing vehicle registration
- Upon request by law enforcement after an accident
Driving without the minimum insurance can lead to:
- Fines of $600-$1,000 for first offense
- Driver’s license suspension
- Vehicle registration suspension
- Possible impoundment of vehicle
Speak to your insurance agent to ensure you have adequate coverage for both liability and damages. Umbrella or supplemental policies can provide higher levels of coverage beyond state minimums.
Notifying the Authorities
It’s important to contact the police any time you are involved in an accident in Nevada resulting in injury, death, or property damage over $750. Reporting the accident creates an official record and police report containing details to support your claim.
At minimum you must provide:
- Name and address
- License plate number
- Driver’s license number
If possible, also note witness and passenger information, road conditions, vehicle damage and injuries. Photos documenting the scene are also helpful evidence.
The investigating officer may issue traffic citations and determine preliminary fault based on factors like:
- Position of vehicles
- Skid marks and debris
- Damage patterns
- Witness statements
- Traffic violations
While the police report can aid your insurance claim and case, the officer’s conclusions are not definitive. Your Reno car accident attorney will still need to thoroughly investigate fault.
Seeking Medical Attention
Even if you don’t have obvious injuries, it’s wise to get evaluated by a doctor after an accident. Symptoms of whiplash, concussions, and internal injuries sometimes develop later. Promptly seeking treatment also documents your injuries for your claim.
Steps to take include:
- Seeking ER treatment or calling 911 if you are injured
- Following up with your primary care physician
- Getting referrals to specialists like orthopedists, neurologists, physical therapists
- Complying with all recommended treatment and therapy
- Keeping detailed records of diagnoses, treatment, medications
Nevada has PIP coverage to pay initial bills related to an accident regardless of fault. Your health insurance or the other driver’s liability coverage may provide additional benefits.
Thoroughly document your injuries and treatment to obtain full compensation for both economic and non-economic damages.
Working with a Nevada Accident Attorney
Consulting with an experienced Nevada auto accident attorney is highly recommended. An attorney can help protect your rights in the claims process, determine fault and liability, file necessary paperwork, negotiate a fair settlement, and take your case to trial if needed.
Key reasons to work with a lawyer include:
- Understanding complex Nevada negligence laws and procedures
- Conducting a detailed investigation and accident reconstruction
- Interviewing eyewitnesses and expert witnesses
- Communicating with insurance companies on your behalf
- Requesting and examining medical and police records
- Proving severity of injuries and pain and suffering damages
- Calculating past and future economic losses
- Negotiating the maximum compensation you are entitled to
An attorney’s specialized skills can maximize your recovery and help avoid lowball offers from insurance adjusters. They act as your advocate, allowing you to focus on healing from the accident.
Statute of Limitations
Nevada has a two year statute of limitations to file a car accident injury lawsuit. This means you have two years from the date of the accident to take legal action or you forfeit your right to recover compensation.
It is important to consult with an attorney promptly so they can build your case and explore fast filing options if needed. Complex cases often take significant time to investigate and prepare. Starting the process right away preserves your legal rights.
Don’t leave money on the table or jeopardize your claim by trying to handle it alone. Contact the experienced Nevada auto accident attorneys at Karns & Karns Personal Injury and Accident Attorneys for a free consultation on your case. Call us at 800-4THE-WIN (800-484-3946) to learn how we can help recover the compensation you deserve.
