¿Qué información debe recopilar tras un accidente de tráfico?

Estar involucrado en un accidente de coche es lo último que cualquiera desea cuando se sube a su vehículo. Una vez que pasa el shock inicial, es importante recopilar tanta información relevante como sea posible sobre el incidente. Esta información puede ayudar a proteger sus derechos, ayudar con las reclamaciones de seguros, y apoyar cualquier posible demanda por lesiones personales.

Aquí hay algunos consejos que deben responder a la pregunta, ¿qué información debe recopilar después de un accidente de coche en California?

Documente la escena

  • Utilice su teléfono inteligente para tomar fotos de los vehículos implicados, los daños a la propiedad, las lesiones sufridas, y la escena en general. Tome fotos desde múltiples ángulos.
  • Capture matrículas, marcas/modelos de coches y cualquier otro detalle identificativo.
  • Haz fotos generales del lugar y los alrededores, así como primeros planos de los daños y las lesiones.
  • Si no hay peligro, fotografíe las marcas de neumáticos, restos o puntos de impacto en la calzada.
  • Las fotos sirven como pruebas visuales que podrían ser útiles más adelante.

Anote las observaciones

  • Anote la fecha, la hora, el lugar y las condiciones meteorológicas.
  • Documente la posición de los vehículos y cualquier señal de tráfico o peligro.
  • Describa lo ocurrido con tus propias palabras mientras tengas los detalles frescos.
  • Dibuje un diagrama si te resulta útil.

Recopile información de contacto y del seguro

  • Pida el nombre, el número de teléfono, la dirección y los datos del seguro de todos los conductores implicados.
  • Obtenga información de contacto de los pasajeros o testigos que se encuentren en el lugar del accidente.
  • Si es posible, fotografíe las tarjetas del seguro. Así se asegurará de tener documentada la información correcta.
  • Anote la marca, el modelo y la matrícula de todos los vehículos implicados.

Llame a la policía

  • Póngase en contacto con el departamento de policía local o con el 911 para presentar un parte de accidente.
  • Proporcione una declaración al oficial que responde con su versión de los hechos.
  • Solicite una copia del informe policial que contiene los detalles oficiales del accidente. Puede tardar unos días en recibirlo.

Busque atención médica

  • Obtenga asistencia médica incluso para las lesiones leves sufridas en el accidente. La adrenalina puede enmascarar el dolor, así que es mejor que te examinen.
  • Informe a su médico de cómo ocurrió el accidente y qué lesiones cree que sufrió.
  • Describa detalladamente todos los síntomas y el dolor al personal médico. Tu historial médico es una prueba crucial.
  • Siga todos los planes de tratamiento recomendados.

Informe del accidente

  • Alerte a su compañía de seguros sobre el accidente lo antes posible. Facilite información sobre lo ocurrido y si hubo heridos.
  • Si usted conducía un vehículo de la empresa, siga el procedimiento de su empresa para informar del incidente a su empleador.

Consulte a un Abogado de Accidentes de Coche en California

  • Para accidentes graves que impliquen lesiones graves o daños a la propiedad, consulte a un abogado con experiencia en accidentes de coche San Diego. Ellos pueden manejar las comunicaciones con las compañías de seguros en su nombre.
  • Un abogado puede investigar la culpa, estimar los daños, presentar reclamaciones y buscar una compensación justa a través de negociaciones de acuerdos o demandas por lesiones personales.

Documente todas las pérdidas

  • Mantenga un registro de todos los gastos incurridos debido al accidente, incluyendo facturas médicas, salarios perdidos del trabajo, los costos de daños a la propiedad, el uso del transporte público, y más.
  • Lleve un registro exhaustivo de las citas médicas, medicamentos, tratamientos, terapias o dispositivos de asistencia necesarios.
  • Conserve todos los recibos y documentos relacionados con el accidente. Ayudan a cuantificar las pérdidas para las reclamaciones al seguro y las demandas por lesiones.

Siga de cerca la recuperación

  • Siga los tratamientos y terapias recomendados por el médico. No intente resistirse, ya que podría empeorar las lesiones.
  • Tome notas durante las visitas médicas sobre el progreso de su curación, cualquier contratiempo y los próximos pasos.
  • Si su estado cambia o aparecen nuevos síntomas, notifíqueselo inmediatamente a su médico.
  • Escuche a su cuerpo y no haga esfuerzos excesivos antes de que se haya curado del todo.

Informe a su compañía de seguros

  • Mantenga informado a su compañía de seguros sobre el estado de las lesiones y el tratamiento médico relacionados con el accidente. Es aconsejable pedir a un abogado de accidentes de coche que lo haga en su nombre para que no diga nada que pueda perjudicar su reclamación.
  • Presente cualquier gasto adicional en el que haya incurrido durante el proceso de recuperación.
  • Notifíqueles cualquier novedad relacionada con investigaciones de culpabilidad o reclamaciones contra otras partes.

Consulte a expertos si es necesario

En accidentes de tráfico graves con lesiones complejas, pueden ser necesarios dictámenes periciales especializados para demostrar la responsabilidad y los daños. Los bufetes de abogados de lesiones personales de renombre tienen conexiones con expertos médicos y de reconstrucción de accidentes respetados. Ellos pueden evaluar la colisión y fortalecer una reclamación por lesiones.

Sea proactivo en la recopilación de pruebas

  • No espere a que las compañías de seguros investiguen el accidente. Sea proactivo en la recopilación de informes policiales, declaraciones de testigos, pruebas fotográficas/vídeo y otra documentación.
  • Las compañías de seguros buscan principalmente limitar los pagos y pueden disputar o negar una compensación justa sin pruebas sólidas.
  • Un abogado con experiencia en accidentes automovilísticos en San Diego sabe cómo reunir, analizar y preparar pruebas convincentes en su nombre.

Sea realista en cuanto a los resultados

  • Sea realista en cuanto a que la recuperación de la compensación por accidentes automovilísticos a menudo toma tiempo, típicamente desde varios meses hasta más de un año.
  • Entienda que no todos los accidentes, incluso los dolorosos, acaban siendo legalmente dignos de perseguir por daños dependiendo de la responsabilidad y la cobertura del seguro.
  • Los abogados reputados ofrecen evaluaciones realistas de los casos y sólo aceptan casos a los que puedan añadir valor. Trabajan con eficacia para alcanzar acuerdos o veredictos satisfactorios.

Negocie cuidadosamente antes de firmar acuerdos

  • Los ajustadores de seguros pueden presionar a las víctimas de accidentes para que firmen acuerdos rápidos por sumas irrazonablemente bajas.
  • No firme ningún acuerdo sin entender completamente lo que está aceptando o sin consultar a su abogado.
  • Liberar sus derechos de reclamación podría impedirle obtener una compensación justa más adelante si persisten los problemas médicos.
  • Los abogados con experiencia negocian hábilmente acuerdos óptimos y sólo recomiendan aceptar ofertas razonables.

Organícese y actúe con rapidez

  • Mantenga registros físicos o digitales organizados de los detalles del accidente, gastos, comunicaciones y documentos en un lugar de fácil acceso.
  • No demore la notificación del accidente o la búsqueda de atención médica, ya que esto puede repercutir negativamente en su reclamación.
  • Hable rápidamente con un asesor jurídico cualificado sobre los plazos y las opciones de su caso. Los plazos se aplican a las demandas por lesiones personales.

Póngase en contacto con nosotros hoy mismo

Las secuelas de un accidente de coche pueden ser confusas, pero un abogado con experiencia en accidentes de California le puede asesorar sobre sus derechos y el mejor camino a seguir. Para obtener ayuda legal dedicada después de cualquier colisión de tráfico, póngase en contacto con los expertos de Karns & Karns Abogados de Lesiones Personales y Accidentes en el 800-4-THEWIN o en línea. Nuestros abogados de lesiones personales están aquí para responder a sus preguntas y ayudarle a recuperar la compensación máxima que se merece.

Who Is at Fault for My Dallas Car Accident?

When a car accident occurs, it can be both scary and stressful. Beyond just dealing with any injuries and vehicle damage, one of the first questions that arises is: who was at fault? Determining fault and liability is crucial for receiving fair compensation, especially when injuries are involved. This article provides an overview of how fault is determined after Dallas car accidents.

How Is Liability Determined in Dallas Car Accidents?

Texas follows traditional tort law for assessing fault and liability in auto accident cases. This means the at-fault driver who caused the crash through negligent driving may be held legally and financially responsible. To prove negligence, three main elements must be established:

1. Duty of Care

All drivers have a duty to drive carefully and obey traffic laws. This includes actions like:

  • Driving a reasonable speed for conditions
  • Paying attention to the road and surroundings
  • Signaling turns and lane changes
  • Following right-of-way rules
  • Avoiding distractions like cell phones

2. Breach of Duty

The at-fault driver must have breached their duty of care through unsafe driving actions. Common examples include:

  • Speeding or driving too fast for weather/road conditions
  • Running red lights and stop signs
  • Failing to yield right of way
  • Making unsafe lane changes or turns
  • Tailgating other vehicles
  • Distracted driving (texting, eating, talking on a cell phone, etc.)

3. Caused Damages

The negligent driving must directly cause the accident and resulting damages. This includes vehicle repair costs, medical bills, lost wages from injuries, pain and suffering, and other losses.

Common Causes of Liability in Dallas Car Accidents

While each accident is unique, some frequent causes of fault include:

Rear-End Collisions

The driver who rear-ends another car is typically liable for the crash. They failed to brake in time and maintain a safe following distance. Exceptions include situations where the front driver made an abrupt, unexpected stop in the road.

Left-Turn & Intersection Accidents

Drivers making left turns across oncoming traffic and running red lights/stop signs often cause serious “T-bone” crashes. Left-turning drivers must yield the right-of-way.

Sideswipe & Lane Change Accidents

Unsafe lane changes and drifting between lanes can lead to serious sideswipe or angle collisions. Drivers must use turn signals and make sure the lane is clear before moving over.

Failure to Yield Right-of-Way

Drivers entering the roadway, turning across traffic, and merging must yield to vehicles that have the right-of-way. Running stop signs and traffic lights also violates right-of-way rules.

Drunk Driving Accidents

Intoxicated drivers cause entirely preventable accidents. Driving over the legal blood alcohol limit of .08% is automatic grounds for liability.

Speeding Accidents

Excessive speeding gives drivers less time to react and stop, increasing the risk of collisions. Speeding drivers often lose control as well, causing single-vehicle rollover or run-off road crashes.

Aggressive Driving

Weaving in and out of traffic, tailgating, unsafe passing, angry outbursts, and other aggressive behaviors threaten everyone’s safety. Road rage confrontations can quickly escalate.

Distracted Driving

Driver inattention is a major epidemic on Dallas roads today. Texting, phone calls, adjusting music, eating, personal grooming and more take a driver’s eyes and focus off the road.

What If Both Drivers Were Negligent?

Texas follows modified comparative negligence rules. If both drivers’ actions contributed to causing the wreck, liability may be apportioned according to each party’s percentage of fault. For example, if the claimant was 40% liable and the other driver 60%, the claimant’s damages award would be reduced by their 40% fault share.

However, the claimant cannot recover any compensation if they were over 50% at fault for the collision. Their claim would be barred in that scenario. An experienced car accident lawyer Dallas Texas can help determine if any exceptions may apply based on the specific circumstances.

Why Hire a Dallas Car Accident Lawyer?

Proving liability and obtaining full and fair compensation is complex. The insurance claims adjuster may try to dispute or downplay fault, or make a quick, lowball settlement offer. An aggressive Dallas car accident lawyer knows how to investigate accidents, establish legal negligence, demonstrate damages, negotiate firmly with insurers, and take the case to trial if needed.

Gathering Evidence to Prove Fault

Collecting strong evidence is key to showing exactly how the accident occurred and who was liable. Our attorneys promptly start gathering important evidence like:

  • Accident reports and witness statements
  • Police dash cam or body cam videos
  • Photographs of property damage, injuries, and accident scene
  • Video from nearby security or traffic cameras
  • Cell phone records and usage data
  • Vehicle black box data
  • Crash reconstruction expert analysis
  • Medical reports documenting injuries
  • Lost income records proving wage/income losses

Common Defenses Against Liability

Insurers often raise certain arguments to try avoiding or reducing liability. Our lawyers are prepared to counter any defenses such as:

  • Claiming you shared in fault for the wreck
  • Alleging failure to mitigate damages
  • Disputing the severity of injuries and losses
  • Blaming a third party or “act of God” for the crash
  • Questioning gaps in medical treatment
  • Arguing pre-existing health conditions caused the injuries

Maximize Your Settlement Value

We take all steps necessary to build the strongest claim possible and maximize your rightful compensation. Actions include:

  • Organizing medical records and bills
  • Calculating current and future income losses
  • Obtaining expert opinions on long-term disability and needs
  • Documenting pain and suffering damages
  • Assessing impairment and permanent injury effects
  • Accounting for emotional distress and loss of life quality
  • Estimating all other losses (services, caregiving, etc.)

Call Karns & Karns Personal Injury and Accident Attorneys Today!

If you or a loved one has been injured in a Dallas car accident that was not your fault, contact the experienced personal injury lawyers at Karns & Karns Personal Injury and Accident Attorneys today at (800) 4-THEWIN. for a free consultation. We have over 20 years representing injured car accident victims in the Dallas area. Our attorneys will fully investigate your accident, establish liability, and fight to get you maximum compensation for your injuries and losses. We work on a contingency fee basis, meaning no upfront costs and no fees owed unless we win your case. Don’t wait – call now to get the strong legal advocacy you deserve!

What Information Should You Gather After a Car Accident?

Once the initial shock of a car accident wears off, it’s important to start gathering information that could be vital to filing an insurance claim, determining fault, and pursuing compensation if you’ve been injured. Having the right details can make all the difference in getting the outcome you deserve. What information should you gather after a car accident? Read on to find out.

At the Scene

If it’s safe to do so, there are several things you should do at the actual scene of the accident:

Check on the Wellbeing of Anyone Involved

The first priority is making sure you and anyone else involved are uninjured or receiving proper medical care. Even if you feel fine initially, adrenaline could be masking injuries that need attention. Make sure you’re ok and then check the passengers in your vehicle and the passengers in the other vehicle if it is safe to do so.

Call 911 to Report the Accident

Next you need to phone 911, even if damage to the vehicles and other passengers is minor. Alerting law enforcement creates an official record and gets emergency personnel onsite quickly if needed. Be sure to stick around until the police arrive.

Document the Scene

If it is safe to do so, take photos of damage to all vehicles, skid marks, debris, road conditions, weather, or anything else relevant to how the crash occurred. Written notes about the moments leading up to impact can also help your memory later.

Exchange Information

Get the other driver’s name, phone number, address, license plate, insurance details, and any eyewitness contact information. Avoid placing blame or admitting fault during this stage.

Note Important Details

Write down the date, time, specific location, road conditions, visibility, and any unusual circumstances leading up to the collision.

Follow Up After the Scene

Once the dust has settled, there are still vital steps to take including:

Seek Medical Evaluation

Even if you declined ambulance transport, get checked out by a doctor as soon as possible. Thoroughly document all diagnoses and treatments. Many injuries don’t show symptoms for days or weeks after an accident.

Report to Your Insurance Provider

Notify your insurer of the accident and start a claim if you intend to seek damages or need repairs. Provide all information gathered at the scene. Ask about claim procedures, deadlines, and recommended steps.

Request a Copy of the Police Report

The official accident report contains independent observations and statements by all parties involved which can help prove your case. There may be a fee to obtain a copy.

Contact Witnesses

Reach out to anyone who saw the crash and ask them to provide a written statement while it’s still fresh in their mind. Their account could verify key details.

Review the Accident Site

Revisit the exact area in daylight if possible to see if any additional skid marks, debris, or traffic signs were present. Take more photos.

Research the Other Driver

Look into the other motorist’s background and history. See if they have previous driving offenses, DUIs, or a reputation for recklessness behind the wheel.

Track Down Surveillance Footage

Check nearby buildings and businesses to see if any security cameras captured footage of the accident. This visual record can be extremely helpful.

Keep Detailed Records

Hold onto all accident-related documents, photos, medical bills, auto repair estimates, and any communications with insurers. Maintain thorough notes on all steps taken.

Contact an Attorney

Speaking with an experienced San Diego car accident lawyer can help you understand legal time limits for insurance claims and lawsuits. They can also advise if you need to take any additional steps to protect your rights.

Why Gathering Information Matters

Taking these steps immediately after an accident might seem tedious but can have a tremendous impact on your ability to recover damages. Here’s how being diligent upfront pays off:

  • Supports your version of events – With photos, police reports, witness statements, footage, and detailed records, you can convincingly show what happened.
  • Helps establish negligence – Documentation that proves the other driver was speeding, distracted, drunk, or otherwise reckless behavior can help build a case for their liability.
  • Proves injuries and expenses – Medical records, bills, auto repair estimates, and other documentation makes it easy to quantify your costs and losses.
  • Strengthens your claim – Thorough, organized evidence shows you have a valid, well-documented claim worthy of fair compensation.
  • Gets compensation faster – Complete, detailed claims can be resolved promptly. Gaps in information can cause delays.
  • May lead to a larger settlement – The more evidence supporting the severity of your injuries and losses, the higher dollar value your claim may yield.
  • Avoids litigation – Offering convincing evidence upfront motivates insurers to negotiate a fair settlement, avoiding a lengthy court battle.

The hours and energy invested immediately after an accident pay dividends in the long run. An experienced car accident attorney can provide invaluable guidance to ensure no stone is left unturned.

Get Legal Help from a San Diego Car Accident Lawyer

Navigating the claims process and dealing with insurers can quickly become overwhelming. An attorney knows what details are most important to gather, understands the nuances of state laws, and can handle negotiations so you can focus on recovery. Take the guesswork out of building your strongest case by partnering with a skilled car accident attorney San Diego.

For dedicated legal representation after an auto collision, contact Karns & Karns Personal Injury and Accident Attorneys today at (800) 4-THEWIN. Consultations are always free, and we work on a contingency basis, with nothing to pay unless you win. Let us take on the fight to get the maximum compensation you deserve. With decades of experience successfully resolving injury claims, you can trust our team to thoroughly investigate your accident, aggressively negotiate on your behalf, and help you recover both financially and physically from this stressful ordeal.

Don’t go it alone – a knowledgeable attorney can make all the difference. Call today and take your first step toward the fair outcome you deserve.

How Much Is a Whiplash Claim Worth in a Lawsuit?

Whiplash is one of the most common injuries resulting from car accidents. It occurs when the head is jerked back and forth suddenly, causing strain to the muscles and ligaments in the neck. Whiplash injuries can range from mild to severe, with symptoms like neck pain, stiffness, headaches, shoulder and arm pain, numbness or tingling, and more. If you’ve suffered a whiplash injury in an auto accident caused by another driver’s negligence, you may be wondering – what is a fair settlement for whiplash? Here’s what to know about the value of whiplash claims and settlements.

What Impacts the Value of a Whiplash Injury Claim?

Several important factors affect how much a whiplash claim may be worth, including:

  • Severity of Injuries – More severe whiplash injuries that result in ongoing pain, disability, and medical treatment will be worth more than mild strains that resolve quickly. Permanent injury increases value.
  • Medical Expenses – Costs for diagnosis, treatment, physical therapy, medications, procedures, and assistive devices directly impact the claim value. Keep detailed records of all accident-related medical costs.
  • Lost Wages – An inability to work and lost income due to the injury plays a role in determining settlements. Be sure to calculate all lost wages from missed work days.
  • Pain and Suffering – Compensation can be awarded for both physical and emotional suffering related to the injury and recovery process. More severe, longer-lasting pain warrants higher damages.
  • Loss of Enjoyment of Life – Damages can be sought if injuries prevent engagement in regular activities.
  • Liability and Insurance Coverage – Clear liability and ample insurance coverage increase potential payouts. An experienced injury attorney establishes liability.

Average Whiplash Injury Settlement Amounts

Minor Whiplash Injuries

Recent whiplash injury claim data indicates that settlement amounts for minor neck and back strains typically fall between $10,000 and $100,000, with the average settlement landing around $50,000. These include strains that resolve relatively quickly with minimal treatment. Settlements on the lower end are more common. Factors keeping settlements low for minor whiplash include short recovery periods, minimal verifiable pain and suffering, low medical expenses, and no lost wages.

Moderate Whiplash Injuries

For moderate whiplash cases with more extensive treatment and a longer recovery, settlements may range from $50,000 to $5,000,000. Moderate whiplash often involves muscle tears, disc injury, or vertebral fractures. Ongoing medical care over months, verifiable pain and suffering, and some lost income increase settlements for more severe whiplash.

Major Whiplash Injuries

For major whiplash injuries that cause ongoing disability or impairment, such as permanent loss of range of motion, multiple disc herniations, or vertebral fractures, settlement amounts typically span from $1 million up to $10 million or more. The most severe whiplash cases with lasting pain and disability can result in multi-million dollar verdicts if brought to trial. Factors that increase the value of major whiplash claims include permanent loss of range of motion requiring surgery, multiple levels of disc herniation or fracture, and forced retirement due to inability to work. Ongoing medical care, very high medical costs, and significant lost income also warrant larger settlements.

Does it Make Sense to Settle a Whiplash Claim?

Many whiplash cases settle out of court through negotiations between injury attorneys and insurance companies. Settlements allow claimants to resolve their cases efficiently and avoid a lengthy trial. Insurers also have motivation to settle, as it limits their litigation expenses and liability.

Settlements typically make sense for minor or moderate whiplash injuries. However, victims with severe injuries may get more compensation by rejecting initial offers and taking their claim to court. Jury awards for major injuries often exceed pre-trial settlements. An experienced injury attorney Los Angeles can provide guidance on whether to settle or go to trial based on factors like liability, damages, and insurance coverage. They will fight for full compensation.

What is a Fair Whiplash Injury Settlement?

Determining a fair whiplash settlement amount depends heavily on the circumstances of each case. With the wide range of potential values based on injury severity and other factors, there is no universal fair or standard settlement. Less severe whiplash cases resulting in strains, sprains, or minor soft tissue injuries may warrant settlements from $10,000 to $50,000. More serious injuries involving fractured vertebrae, herniated discs, and concussions may justify settlements from $100,000 to $5,000,000. The most severe whiplash claims resulting in disability or permanent impairment may deserve seven-figure settlements exceeding $5 million.

Ultimately, a fair whiplash settlement should fully account for all accident-related losses and damages supported by medical evidence and documentation. This includes medical bills both current and future, lost income, pain and suffering, and impact on quality of life. With an experienced attorney fighting for top dollar, victims can be assured of a fair settlement.

Pursuing the Maximum Value for Your Whiplash Injury

Don’t just accept what the insurance company offers. Their first settlement offer is generally low, hoping claimants will accept a quick payout. To maximize your claim’s value, be proactive:

  • Seek medical attention immediately and follow all recommended treatment. Gaps in care can reduce claim value.
  • Consult and retain experienced Los Angeles injury lawyers. An attorney will thoroughly investigate liability and aggressively negotiate top settlements.
  • Document all accident injuries, medical expenses, lost income, pain and suffering, and impact on daily life. Detailed records help prove damages.
  • Have a medical expert assess permanent impairment. This boosts pain and suffering damages.
  • Participate in mediation if offered. Many insurers suggest mediation prior to trial. An experienced mediator and attorney can leverage this to secure a fair settlement.
  • Be reasonable in settlement negotiations, but don’t accept unreasonably low offers. Prepare for trial if needed.
  • Consider settlement demand letters outlining claimed damages and requesting a specific settlement figure. Quantifying losses can produce improved offers.
  • If trial is necessary, work with attorneys to present a compelling case proving liability and damages. Jury verdicts often exceed settlements.

How Long Does a Whiplash Claim Take to Settle?

There is no set timeline for whiplash injury claims. Simple claims with clear liability may settle within several months. More complex claims involving disputed liability, vague injuries, multiple parties, or severe damages can take a year or more to resolve. Factors impacting claim duration include:

  • Severity of injury and treatment needs – More serious injuries often take longer to evaluate.
  • Disputes over fault and negotiations – Contested liability lengthens the process.
  • Multiple medical opinions – Getting second opinions delays settlements.
  • Medical limit disputes with insurers – Disagreements over reasonable treatment costs add time.
  • Witness availability – Coordinating witness statements and testimony takes time.
  • Backlogs in the court system – Courts have high caseloads, slowing trials.

Have patience and work closely with your attorney throughout the claims process. Rushing for quick settlements often compromises value, so focus on maximizing your recovery through persistence and preparation. With an experienced law firm on your side, obtaining fair compensation takes priority over speed.

Pursuing fair compensation for your whiplash injuries requires expertise. The dedicated attorneys at Karns & Karns Personal Injury and Accident Lawyers have decades of experience obtaining maximum settlements for clients injured in auto accidents. We handle every aspect of the claims process while you focus on recovery. Contact us today for a free consultation by calling (800) 4-THEWIN.

What to Do if a Car Hits You from Behind in Texas?

If you’ve been the victim of a rear-end collision in Texas, it’s important to know what steps to take immediately afterward to protect your rights and access the compensation you may deserve. Here is a comprehensive guide on what to do if a car hits you from behind in Texas.

Stop and Assess the Situation

If you are able to safely do so after a rear-end crash, pull your vehicle over to the side of the road. Make sure to put your hazard lights on to alert other drivers. Before getting out of your car, take a few moments to collect yourself and assess the situation. Are you or any passengers hurt at all? Even if the pain seems minor at first, you’ll want to document any possible injuries right away.

Also, take note of the traffic conditions and position of the vehicles involved. Did the rear-ending happen at a stop light, in bumper-to-bumper rush hour traffic, or at highway speeds? Determining the circumstances can help establish fault later on.

Call the Police

It’s always a good idea to call 911 and request a police officer come to the scene, even if the accident seems minor. A police report can serve as an objective, third-party record of what transpired. The report may include information such as weather conditions, skid marks, statements from witnesses, and any traffic violations observed.

Having a police report in hand strengthens your case down the line. Some insurance adjusters may try to dispute or downplay an accident if there’s no formal police record. So, don’t leave the scene until a responding officer has all the information needed.

Exchange Information

While waiting for the police, exchange contact and insurance information with the other driver involved. You’ll want to get their name, phone number, address, license plate, and insurance details. It’s also wise to take pictures of the damage, license plates, vehicle positions, and any injuries sustained. Documenting the scene thoroughly arms you with evidence to prove your case later.

Don’t admit fault or get into arguments. Just stick to quietly gathering information. Anything said can potentially be used against you when insurance companies start investigating. Wait until you consult with an attorney before making any recorded statements about the accident.

Get Medical Attention

Even if nothing seems broken or severely injured, get checked out by a doctor as soon as possible after an accident. Some injuries like whiplash or soft tissue damage can take days or weeks to fully surface. Adrenaline in the aftermath can also mask underlying issues. So, it’s vital to have a medical professional thoroughly evaluate your condition upon leaving the scene.

Be sure to share all symptoms and pains with your doctor, no matter how minor they may feel. Downplaying anything at this stage can negatively impact your ability to receive compensation for medical bills and pain later on. Your medical record will serve as the main proof of any injuries tied to the crash.

Contact Your Insurance Provider

Have your lawyer notify your auto insurance provider about the accident as soon as you’re able.  Your insurance company also may help handle communication and negotiations with the at-fault driver’s insurer, acting as your advocate. Be wary of quick settlement offers from the other party’s insurance company, as they typically lowball hoping you’ll take less money than entitled. A car accident lawyer can help with this.

Consult a Car Accident Lawyer

An experienced Texas car accident lawyer should be part of your response plan after any rear-end collision. An attorney can conduct a full investigation of the crash, negotiate optimal settlement offers, and take the case to trial if needed. They know how to handle complex insurance laws and prove exactly how much compensation you deserve.

Rear-end accidents almost always fault the driver who hit you from behind. But insurance companies will look for any wiggle room to lessen or deny rightful compensation. An attorney levels the playing field and handles the legwork, so you can focus on recovery.

Gather Evidence to Prove Your Claim

Almost all rear-end collisions are clear-cut cases, as the vehicle doing the rear-ending is nearly always responsible. However, insurance adjusters may downplay the accident’s severity and impact in hopes of reducing payouts. That’s why gathering strong supporting evidence is key after a Texas rear-end wreck. Some important forms of documentation include:

  • Police report- Details about road conditions, traffic flow, statements, and vehicle positioning. A police report carries objective weight in determining fault.
  • Medical records- All doctor visits, specialist referrals, imaging results, physical therapy, treatments undergone, and prognosis reports help quantify injury damages.
  • Photographs- Pictures of the accident scene, vehicle damage, injuries present, and related images help recreate the incident. Diagrams can also clearly depict what transpired.
  • Video footage- If available, security camera or dash cam footage provides visual proof of how the crash happened and who was at fault.
  • Witness accounts- Written or recorded statements from eyewitnesses who saw the accident are very compelling and are often used in negotiations.

An experienced car accident attorney knows how to utilize these evidence sources to their fullest extent in demanding maximum compensation from insurers and in court if necessary.

Let a Texas Car Accident Lawyer Help with Your Rear-End Collision

Don’t gamble with your health or finances after a Texas rear-end crash. The dedicated legal team at Karns & Karns Personal Injury and Accident Attorneys has helped recover millions of dollars for injury victims statewide. We’ll handle every aspect of building your case, negotiating with insurers, and taking legal action if warranted – at no upfront cost to you. Our only fees come as a percentage of the settlement we obtain for you. Get started today with a free, no-obligation case review. Call us to set up a free consultation with an accomplished car accident lawyer in Texas.

When Someone Else Gets in an Accident in Your Car

There are many reasons why someone else may drive your car, but what happens when they get into an accident? To find out what happens if someone else is driving my car and gets in an accident, we need to take a look at liability, insurance coverage, and other factors affecting a potential claim.

Understanding Car Insurance and Liability

Traffic accidents bring a world of worry and trauma when you’re the driver, but things get a little more complicated when someone else gets into an accident in your car. To navigate this situation, it’s important to understand insurance coverage and liability:

  • Insurance coverage. This refers to the extent of your car insurance policy. The amount of coverage you have for third parties driving your car will depend on your specific policy. Even if the person driving your car was at fault, your insurance coverage may still cover the damage.
  • Liability. This is who is legally responsible for the accident. To determine fault, a vehicle accident lawyer will conduct a thorough investigation.

In the majority of cases, car insurance coverage extends to permissive driver cover, meaning any licensed driver with permission to operate your vehicle would be covered. However, this isn’t always true, so it’s important to spend time understanding your insurance policy. If you need help with this, a car accident lawyer San Diego will break this down.

What Factors Affect Liability When Someone Else Drives Your Car?

When you give permission for someone to drive your car, and they get into an accident, there are still certain scenarios where you may be held liable for an accident they cause. Here are some key factors to look out for:

  • Driver’s competency. If you knowingly allow an intoxicated or reckless driver, or someone with a suspended license, to use your car, you may still be held partially liable on the grounds of negligent entrustment.
  • Permission granted. If someone stole your car and got into a collision, you wouldn’t be held liable.
  • Driver’s actions. If the driver of the car was ignoring traffic signals, speeding, driving distractedly, or breaching any other safe driving protocols, they are likely to be held fully liable.
  • Restrictions on use. Did you give any limitations to the use of the vehicle? For example, is the vehicle only supposed to be used for personal reasons? If the driver breached these limitations, it could impact your liability and their coverage.

Determining liability is complex, especially when you take different state laws into account. We recommend using a car accident attorney San Diego. Starting with a free consultation, we will fully investigate the accident and answer any questions you may have.

Common Scenarios and Insurance Coverage

Having a firm understanding of how your insurance company handles different situations is a good idea, but this can be confusing at best. Let’s take a look at two typical scenarios and how they may be handled by insurance coverage.

  1. You give a licensed friend permission to drive your vehicle, and they get into an accident. In our experience, as long as there’s suitable permission and the friend has a full driver’s license, insurance policies will likely cover the accident. In most cases, insurance policies will cover property damage and injuries caused to other drivers in the accident. However, if your friend was under the influence, your policy may exclude coverage.
  2. You loan your car to someone with restrictions and the borrower violates them, and they get into an accident. Depending on how well you communicated the restrictions, your insurance company has every right to deny coverage. When you lend with restrictions attached, be sure to keep well-documented records of instruction delivery – and check for understanding.

These are just a couple of examples – each case varies depending on specific policy. Speaking to a car accident injury lawyer will help you understand your rights and entitlement to compensation.

What to Do After Someone Has an Accident in Your Car

The events after an accident involving someone else driving your car can be chaotic, but it’s important to take the correct actions as quickly as possible. Here are some steps to follow:

  • Contact your insurance company in the first instance. Report the accident immediately, even if the damage appears minor. When discussing the incident, don’t go into detail because your words can be used to deny the claim.
  • Gather information from the scene. Collect a copy of the policy report, the contact information of all drivers, and the names and details of potential witnesses.
  • Document everything. If you have the opportunity, take pictures of the crash site including damage to your vehicle and the surrounding area.
  • Consult with a lawyer. To help understand liability and insurance coverage, get in touch with Karns & Karns Personal Injury and Accident Attorneys.

Following the steps above will give you protection and lead to a smoother claims process.

Tips for Protecting Yourself as a Vehicle Owner

Lending your vehicle to someone you know may feel as though you’re doing them a simple favor, but it can come with severe costs if they get into an accident. To protect yourself, the person borrowing your vehicle, and other road users, here are some tips:

  • Think before you lend. Only lend your vehicle to trusted people with a full license and clean record.
  • Keep the car well-maintained. If an accident is caused by poor vehicle maintenance, you are likely to be held fully liable.
  • Review your insurance policy. Check your policy details for information on permissive driver coverage and any exclusions.
  • Communicate clear limitations. If you lend the vehicle with restrictions in place, be very clear and document communication – you may need to evidence this during the claims process.
  • Consider extending your policy. Depending on your insurance provider, you may be able to add temporary drivers for a fee.
  • Keep vehicle documents secure. Keep car registration, insurance policy, and proof of maintenance documentation in a safe place.

If someone else gets into an accident in your car, whether you permitted the driver or not, contact our motor vehicle accident lawyers to get the compensation you deserve.

Navigating Rideshare Accidents in Henderson, Nevada: Your Guide to Uber Accident Claims & Legal Rights

Ridesharing services like Uber and Lyft have become incredibly popular over the last decade, providing a convenient and affordable way to get around. However, with more rideshare vehicles on the road, accidents involving them are bound to happen. If you’ve been involved in an Uber or Lyft accident in Nevada, you probably have a lot of questions about your rights and options. This guide breaks down everything you need to know about making an accident claim and understanding your legal protections.

Determining Liability in a Rideshare Accident

The first step after any accident is figuring out who was at fault. This can be tricky with ridesharing since there are multiple parties involved. Here are some key factors in determining liability:

  • Was the driver en route to pick up or drop off a passenger? If so, their rideshare insurance should cover damages. If they had the app on but no passenger, their personal insurance may deny the claim.
  • Did the accident involve another vehicle? If so, typical rules of the road apply. The driver who was negligent or violated traffic laws is usually deemed at fault.
  • Was the accident the rideshare driver’s fault? If they caused the crash due to distracted driving, speeding, etc., their insurance should pay out. If they were not at fault, the other driver’s insurance is responsible.
  • Did a defect with the vehicle contribute? Product liability laws mean the automaker could share fault. Detailed accident investigations help assess if this played a role.

Thoroughly documenting the accident and gathering witness statements is key to proving fault. Consulting rideshare accident lawyers Nevada early on can also help establish liability.

Navigating Insurance Coverage with Uber Accidents

  • Insurance is often the most confusing part of rideshare accidents. Here’s how coverage works: Uber Insurance Phase 1: This phase starts as soon as a driver logs into the app, but has not accepted a ride. During Phase 1, Uber provides third-party liability insurance up to:
    • $50,000 per person for injuries
    • $100,000 total for injuries per incident
    • $25,000 for property damage.
  • Uber Insurance Phase 2: This phase is in effect from the time the driver accepts a ride and is on their way to pick up their passenger. During this phase, Uber insurance is primary and provides a $1,500,000 liability policy per incident. This policy has higher limits than most personal auto policies.
  • Uber Insurance Phase 3: This phase is in effect from the time the driver picks up a passenger to drop-off. During this phase, Uber insurance is primary and provides a $1,500,000 liability policy per incident. Again, this policy has higher limits than most personal auto policies.

Nevada passed a law in 2015 (Assembly Bill 175) that regulates transportation network companies like Uber and Lyft and requires minimum liability coverage levels, to help prevent problems like Uber insurance policy limits. Nevada lawyers experienced in working with rideshare accident victims are familiar with this.

Steps to Take After a Rideshare Accident

It’s important to take proactive steps after any auto accident, but particularly with rideshares, given the complexities. Here are key things to do at the scene:

  • Check for injuries and call 911 if medical attention is needed
  • Avoid admitting fault, even if you think you caused the crash
  • Exchange info with other drivers (license, registration, insurance, etc.)
  • Take photos of the damage, the scene, and injuries
  • Get witness statements and contact info
  • Note relevant details like the weather and road conditions
  • Call the rideshare company right away to report the accident
  • Seek medical attention even for minor injuries due to delayed onset
  • Contact rideshare accident attorneys Henderson to discuss your legal options

Thorough documentation and early legal guidance will optimize your ability to recover damages. An attorney can handle the insurance claims process for you while you focus on recovery.

Your Legal Rights and Options After a Rideshare Accident

Rideshare accident victims have legal rights and options under Nevada law. An attorney can help you understand and exercise the following:

Ability to seek compensation – As the victim, you can make an injury claim or lawsuit to pursue compensation for both economic and non-economic damages. These include medical bills, lost wages, pain and suffering, and more.

Shared fault – Nevada uses a “comparative negligence” system. So, even if you were partially at fault, you can still recover compensation reduced by your percentage of fault. An attorney can help establish where the fault lies.

Strict one- or two-year deadline – For injury claims in Nevada, you typically have only one year from the accident date to file a lawsuit. In rideshare cases, it’s two years. This deadline comes quickly, so pursue legal action promptly.

Ability to demand a jury trial – Those suing for serious damages have the right to request a jury trial vs. a bench trial. Juries often award higher damages.

Potential for punitive damages – If the rideshare company or driver’s actions were grossly negligent or reckless, punitive damages may be awarded as further punishment. But this threshold is high.

Consulting with legal counsel ensures you understand your options and can make informed decisions on pursuing maximum compensation.

Why Hire an Attorney?

With complex insurance policies and liability questions, rideshare accident cases have many moving parts. An attorney experienced in this area can help by:

  • Conducting a detailed investigation to establish fault
  • Navigating complex insurance claims on your behalf
  • Determining all liable parties and legal avenues for recovery
  • Estimating damages and crafting a demand letter backed by evidence
  • Negotiating aggressively to reach the maximum settlement
  • Filing a lawsuit if needed and effectively arguing your case
  • Avoiding common pitfalls that reduce settlement values
  • Allowing you to focus on recovery while we handle legal matters

Don’t go it alone. With so much at stake, it’s important to speak to an attorney about protecting your rights and getting the outcome you deserve.

Contact Us for Help

If you or a loved one has been injured in a rideshare accident in Nevada, the legal team at Karns & Karns Personal Injury and Accident Attorneys is here to help. Contact us for a free consultation to discuss your case. With decades of combined experience successfully handling motor vehicle injury claims, our Nevada rideshare accident lawyers have the skills and tenacity to get you maximum compensation. Don’t wait to reach out – we’re available 24/7 to offer trusted guidance when you need it most.

Will My Insurance Cover Me If I Drive Someone Else’s Car in California?

Every vehicle in California is required to be covered by insurance. Insurance is there to pay for damages and injuries if a car is involved in an accident, and it is against the law for any vehicle to be on the road without insurance. Drivers tend to borrow cars from each other, which means the question of whose insurance covers what comes up often. If you borrow cars often, you may ask, “Will my insurance cover me if I drive someone else’s car in California”.

Does Your Insurance Cover You If You Drive Someone Else’s Car in California?

No, it does not. Many people are perplexed to hear that because it implies they are left without coverage unless they always drive their vehicles. This is not the case. Let us explain.

Insurance in California follows the vehicle, not the driver. This means you will be covered by the same insurance that covers the car if you drive a friend’s car in California. The insurance company will cover everything they typically do when the owner is behind the wheel.

However, there are a few exceptions you should know about before driving someone else’s car or getting into an accident that necessitates a visit to the hospital and a call to a vehicle accident lawyer.

When Can an Insurance Company Refuse to Give You Coverage?

While people expect insurance companies to pay every policy, they cannot do that because they are in business and need to make money. This is one of the reasons they have additional policies besides the main policies. These are the exceptions for when they cannot provide coverage.

The first situation where they will deny coverage if you get into an accident when driving another person’s car is if you are not the permissive driver. In California, the permissive driver needs explicit permission from the owner to drive their car.

It happens a lot with families where someone takes a loved one’s car and gets into an accident. In that situation, they are not the car’s owner and not the permissive driver, so insurance will deny coverage.

The second situation is if you are explicitly excluded from the policy. This applies regardless of whether you are the permissive driver or not.

The third situation is if you do not have a driver’s license. Insurance companies require that all vehicle owners do their due diligence before handing out the cars to their cars. They should know whether the driver has a driver’s license and whether they are authorized to drive.

The third is if you get into an accident when breaking the law. For example, someone might get into an accident because they were speeding or driving under the influence. The insurance company will deny coverage in that situation because the driver put himself and others in danger, and they cannot be seen to encourage that behavior by covering accidents that occur in those situations.

The best thing you can do if an insurance provider denies your claim if you were not breaking the law at the time of the accident is to contact a car accident lawyer Bakersfield CA. They will help you explain how the accident happened and establish liability so the other party’s insurance provider pays for your injuries and the resulting damages.

Driving without Car Insurance

California law says you need insurance or proof of financial responsibility to drive in the state. You and the vehicle’s owner both need insurance to drive legally even if the insurance follows the vehicle and your insurance will not cover you when you get into an accident when driving someone else’s car.

Another important thing to understand is that any tickets you get will apply to your record and not the vehicle owner. For example, you will have to pay for any speeding fines or other fines and tickets.

The Ramifications of Insurance Claims

When you get into an accident, you are covered by the vehicle’s insurance. You can also file a personal injury claim with the help of a car accident attorney Bakersfield CA to recover damages if the accident is due to another person’s negligence or actions.

Even if you are the one who will benefit from the settlement or award, the vehicle’s owner will have to deal with higher insurance premiums after making the claim. The reason is that insurance companies see you as a liability and high-risk policyholder if you let people who get into accidents drive your vehicle.

What If You Drive a Family Member’s Vehicle?

Many people assume they are covered if they live with the policyholder or are their relative. This is false. You are not covered unless you are listed on their insurance policy.

Another way to get coverage is if they make you a permissive driver. You will have to pursue a personal injury claim with the help of the best car accident attorneys to recover damages if you are not covered.

Also, only household members with legal driving licenses and those listed on the insurance policy can make an insurance claim. This means you will have to call the vehicle owner to do it and pursue damages on your own through a road accident lawyer.

Getting a Non-owner Car Insurance

If you do not own a vehicle but borrow cars regularly, you can get non-owner car insurance. It will provide you with the same coverage as you would get from your vehicle’s insurance but will be under your control and come with the same ramifications of getting into an accident as having typical car insurance does.

Dealing with the aftermath of a car accident is already challenging enough, but things get even more confusing if you get into one when driving a vehicle owned by someone else. While you will be covered by their car insurance, there are exceptions you should know about to ensure you do not get into a difficult situation if this happens. You can still pursue personal injury claims against the responsible party, though; you just need to contact a road accident attorney from our firm so we can assist you with this. Contact Karns & Karns Personal Injury and Accident Attorneys today to see where you stand.

Texas Approves $345 Million for Pedestrian and Bike Safety

The Texas Transportation Commission has approved more than $345 million for various transportation improvements across the state. These improvements will cover different areas, including bikeways, sidewalks, and other infrastructure projects and improvements. The commission, alongside the Texas Department of Transportation, says the funds will help improve safety for all road users and enhance the quality of life for Texas residents.

What Necessitated the Funding?

The Texas Department of Transportation says that the main reason for the funding and the need to complete the different pedestrian and bicycle projects in Houston, Texas (and other areas including Austin, San Antonio, and Dallas) is the rising number of bicycle and pedestrian fatalities across the state.

The department notes that pedestrian and bicycle fatalities rose by over 30% over five years from 2018 to 2023. Even though those injured could seek the services of a pedestrian injury lawyer Texas to get the compensation and justice they deserve, any injuries and fatalities resulting from these accidents still significantly and permanently impact victims and their families.

Of particular concern to the department is the number of victims in 2020 where 92 bicyclists and 830 pedestrians were killed. Alvin New, the Texas Transportation Commissioner, said that about 20% of deaths on Texas roadways involve people who bike or walk. He further noted that the funding and completion of different projects across the state will help the state move towards its goal of zero deaths on its roadways.

Robert Vaughn, another person affiliated with the Texas Transportation Commission, noted that the investment in Texas communities would support health, wellness, and active lifestyles and provide alternative transport options other than vehicles.

Project Breakdown

The Texas Department of Transportation says the $345 million initiative will focus on 83 projects meant to improve the safety of people using wheelchairs, walking, or biking. 24 of these projects will be in areas that have historically had a high rate of pedestrian accidents and fatalities.

The department seeks to distribute the funds through public transit providers, city governments, and other local entities.

In the Austin area, the department has allocated $5 million to improve sidewalks and $11.29 million to improve its Metro Bike program. The pedestrian and bicycle projects in Houston, Texas that will benefit from the funding include sidewalks and bike paths, which will receive $52 million.

The Dallas area will receive $10.97 million to improve shared-use paths on the Denton Pecan Creek Tail. The Silver Lane Regional Rail will receive $25 million for pedestrian and bicycle paths, and the Five Mile Creek Trail will receive $6.66 million.

Lastly, the San Antonio area will receive over $33 million for bike lanes and sidelines at the University of Texas at San Antonio, Market Street, and Loop 368.

The Alarming Rise in Pedestrian and Bicycle Accidents in Texas

The rise of pedestrian and bicycle deaths is alarming enough to cause the Texas Department of Transportation and the National Highway Safety Authority to notice. These accidents are so severe because they cause serious injuries and fatalities in some cases due to their vulnerability. Pedestrians and cyclists do not have the same protection as drivers or passenger vehicles, with the lack of a physical barrier meaning they take most or all of the impact.

In many cases, pedestrians and cyclists are not to blame, which means they can sue for compensation when injured in such accidents. They can do so by contacting a pedestrian injury attorney Texas who will file a lawsuit on their behalf. The best pedestrian accident lawyer can also negotiate settlements with insurance companies and other parties on their behalf to ensure they are adequately compensated for their injuries and damages.

These injuries can be non-fatal and include cuts and bruises, but it is more common for victims to sustain head trauma, broken bones, spinal injuries, and internal injuries. In such cases, a pedestrian hit by car lawyer can listen to their case, find out who is liable, and sue on their behalf.

In the worst cases, these accidents result in fatalities. In such cases, the family can talk to a pedestrian accident law firm to file for wrongful death.

While cyclists are protected by their helmets, these protective devices might not be sufficient in collisions with heavy or fast-moving vehicles. The injury profiles remain the same, and they can also sue for compensation for their injuries and damages.

Why Contact an Attorney After a Pedestrian or Cyclist Accident

There are several reasons why hiring an attorney is crucial in the case of these types of accidents. The most important of these is assessing and proving fault. Determining liability in pedestrian and cyclist accidents is often difficult and requires an in-depth understanding of local laws. You must also be able to interpret accident reports and it is always better to let an experienced pedestrian accident injury lawyer handle that for you.

The second is dealing with insurance companies. Insurance companies protect themselves by trying to minimize their clients’ liability and thus offer as little compensation or settlement as possible. They may say anything to blame the victim and, if that fails, provide a low-ball settlement offer. The latter is common for victims with severe injuries and thus large hospital bills they need to pay urgently.

The third is identifying all potential damages. Most people consider pedestrian and bicycle accident damages to only be the medical bills they need to pay. However, these damages can include psychological trauma, loss of income or earnings, loss of property, and other damages and losses. A competent pedestrian car accident lawyer can help you identify all potential damages to ensure you are paid everything you deserve.

Lastly, they can represent you in court. If the insurance company or liable party does not provide enough compensation when discussing a settlement, the victim has every right to refuse it. If these talks break down, their attorney can continue with the lawsuit and bring the case in front of the court. They can then put together all gathered evidence, collect witness statements, and provide a vigorous representation in court.

The Texas Department of Transportation has invested heavily in making its transportation network safer to reduce pedestrian and bicycle injuries. Even though the state aims to reach zero accidents, injuries, and deaths soon, accidents still happen. Victims can seek compensation with the help of our attorneys at Karns & Karns Personal Injury and Accident Attorneys. We can discuss your case and then represent you to ensure a fair and just settlement for your injuries and damages.

Nevada: All You Need to Know About What Is Vicarious Liability in Insurance?

When most people think of people being held liable by the law in Nevada, they typically think of the law holding them accountable for their own actions. However, there are cases where a party could be held liable for the actions of another. Understanding how this could happen, and the circumstances in which it can happen, is crucial for protecting yourself in situations like this. It could also be important when talking to a vehicle accident lawyer or personal injury accident lawyer who you want to represent you and show you are not liable in a lawsuit.

Understanding Vicarious Liability

Vicarious liability is a legal term that stands for a legal doctrine where one party is legally liable or accountable for the actions of another. In Nevada, this means you can, for example, be liable for a car accident even if you were not driving at the time of the accident.

Vicarious liability can also arise when a corporation or business can direct or control the actions of another or another person. For example, a business could be liable if a personal injury attorney represents a client injured inside a business if an employee does not indicate the floor is wet, and the client gets injured in a slip and fall accident.

It can also apply in cases of parent-child relationships. In such cases, parents are liable if their children engage in willful misconduct. It is important to understand that the civil cause of action resulting from such misconduct is different from one considered under Nevada’s criminal laws covering child endangerment or neglect.

When Does Vicarious Liability Apply in Businesses?

There are several circumstances under which a business can be held liable for the actions of a specific person, especially their employees. One of these is covered under Nevada’s negligent entrustment law. The business can be liable if it allows employees to access potentially dangerous items, such as business vehicles.

Nevada also has laws governing negligent hiring, supervision and retention laws. These apply if a business fails to conduct reasonable background checks on its employees, hires employees it should have known or knew were dangerous, retains an employee who is dangerous, or fails to provide adequate supervision for employees handling potentially dangerous tasks.

Lastly, Nevada has respondeat superior laws. These cover an employer’s responsibility over the actions of their employees. They apply when the employee is under the direct control of the business (defendant) or if they were acting within the scope of their employment.

The most common example is nightclub security guards who become aggressive and injure patrons. In such cases, the security company can be held liable because such guards are deemed to be acting within the scope of their employment.

Even though businesses are liable in these cases, they can protect themselves and save a lot of money in settlements and compensation by getting vicarious liability insurance.

What Is Vicarious Liability in Insurance in Nevada?

Businesses are required by law to carry different types of insurance. Some of the most common types include general liability, errors and omissions, and umbrella insurance. The latter is useful because it covers everything not covered by general liability insurance.

By getting liability insurance that covers all incidences, businesses can protect themselves and their bottom lines from the oversights, mistakes, and actions of others.

Even though many insurance companies are fair in their coverage, some operate in bad faith where they refuse to step up and take care of businesses they insure.

Understanding Insurance Bad Faith and What to Do

Because businesses are liable for accidents and incidents on their premises and the actions of their employees as discussed above, they rely on their insurance to bail them out in case something happens.

Unfortunately, dealing with insurance companies is not always straightforward, and they may let you down when you need them the most. If they do, you should call an insurance bad faith lawyer immediately. Our attorneys at Karns & Karns Personal Injury and Accident Attorneys can help you handle such incidences and get the coverage you deserve.

Bad Faith Insurance Recovery

When vicarious liability applies in personal injury, pedestrian, car, and construction site accidents, some insurance companies may deny or delay coverage because they feel their client is not the one making the claim.

An insurance bad faith attorney Nevada can help resolve the matter quickly or even help you hold the insurance company liable. However, it is still good practice to research different insurance companies before signing with them to ensure they do not engage in such practices. Doing this will help you avoid a lot of headaches in the future.

Vicarious Liability and Malicious Intent

For an insurance company to cover vicarious liability or the victim to receive compensation, they must show the other party is liable. However, they are not required to show malicious intent in cases of vicarious liability.

Accidents happen, and that is understandable. But who foots the heavy medical bills, loss of income, and other damages suffered due to the personal injury? Vicarious liability laws help victims get the compensation and justice they deserve.

Vicarious Liability and Independent Contractors

Businesses work with independent contractors for a variety of reasons. Perhaps they need experts in specific areas or would not want to hire someone to handle these tasks. A reason many people do not consider is to avoid exposure to vicarious liability.

While in most cases the business, considered the principal, is responsible for the work of independent contractors, there are situations where businesses can pass liability to them. Such incidents include when you hire contractors for tasks that the law requires you complete yourself, you hire them to complete projects that would otherwise be dangerous to others, or when you are negligent by hiring contractors who are not qualified.

Regardless, you should always hire a personal injury attorney to represent you in case anything happens so you can use vicarious liability laws to protect yourself and your business.

Vicarious liability goes against what many people think about the primary party being held liable. It allows secondary parties to be held liable depending on their actions and how they contributed to an incident. Regardless of the incident, you should always hire a personal injury accident attorney from Karns & Karns Personal Injury and Accident Attorneys so they can help you determine who is liable.