The Department of Public Safety(DPS) revealed that traffic fatalities in Nevada continue to rise year to year, with a record of 142 deaths in 2021, an increase of 23.5%. Notably, most of the fatal crashes in Clark County involve Las Vegas Locals. Therefore, despite the city of Las Vegas being one of the truly vibrant areas both day and night, you will want to avoid getting into a car accident that could instantly turn your day upside down.
However, sometimes these incidents happen when you least expect them, especially involving a reckless or negligent driver. When this happens, you should contact a Las Vegas car accident lawyer immediately so that they can figure out how to handle your situation. At Pacific West Injury Law, we are available 24/7 to provide reliable legal representation on your behalf.
Dealing with the Insurance Companies After an Auto Accident in Las Vegas
Since Nevada is an at-fault state, the driver responsible for the car crash should compensate you for your injuries and damages through their insurance provider. Typically, the insurers involved will investigate the circumstances that led to the accident to determine the fault. The investigations involve reviewing photos submitted by the claimants at the accident scene, inspecting the damaged cars, assessing police reports, and looking over medical records and bills related to the claimed injuries.
Once the insurance adjusters gather all these details, they issue a report about the driver they believe was at fault. Note that due to the shared fault rule or comparative negligence, the parties should be less than 50% responsible for their damages and injuries to seek compensation.
Also, if an insurer has informed you that you are responsible for the car crash, you can still be entitled to compensation. Also, even if you were partially at fault for the auto car crash, the state laws allow you to recover compensation.
How do I Prove the Other Party Was at Fault?
If you want to have a successful car accident claim in Las Vegas, the first thing is to identify the driver responsible for the crash and prove that the accident resulted from their negligence. You’ll need four elements to prove the at-fault party’s negligence in your personal injury claim.
- Breach of duty: You should prove that the driver neglected or failed to uphold a standard that would ensure that other motorists or pedestrians are safe on the road.
- Duty: Every driver must act responsibly and safely while driving a vehicle to minimize the possibility of an auto accident.
- Causation: You can prove that the car crash resulted from the driver’s actions, and it wouldn’t have happened they had acted within reasonable standards of care.
- Damages: You should have evidence of the damages directly related to the car crash caused by the other driver’s negligence.
Note that even after an investigation by the law enforcement agencies, they must prove without a doubt that all the above elements were present so that the responsible party can be held liable for the auto accident. However, your case can become more complicated if more parties are involved, but an experienced personal car accident lawyer in Las Vegas can assist you in getting the best outcome.
What Is the Time Limit of Filing an Auto Accident Claim in Las Vegas?
Whenever you are involved in a car accident, the most critical statute you need to consider is the statute of limitations of the location where the accident happened. In Las Vegas, you have a two-year time frame to file your injury claims from the accident date. If you fail to sue the at-fault party within this timeline, you could end up losing your ability to seek a fair settlement for your damages and injuries resulting from the crash, no matter how strong your injury claim may be.
Moreover, you should have a detailed understanding of the car accident laws in Las Vegas so that you get fair compensation. You risk losing your legal right to recovery for missing critical deadlines or making other mistakes in your claim. That’s why you need to consult a car accident attorney in Las Vegas who has had first-hand legal experience and is knowledgeable about car crashes in Las Vegas to help you navigate the law.
Common Causes of Car Accidents in Las Vegas that We Handle
The Nevada Department of Transportation shows that 107,661 car crashes resulted in 63,156 injuries from 2015 to 2017. Several reasons contribute to the high number of accidents in Las Vegas. The most common causes of auto accidents include:
The National Highway Traffic Safety Administration shows that speeding has led to approximately one-third of all car accident fatalities for more than two decades. When a driver exceeds the acceptable speed limit in Las Vegas, they endanger the lives of other motorists and pedestrians. A driver can’t stop on time when driving at high speeds to prevent a possible crash.
Drivers who fail to adhere to traffic laws and the rules on the roads will often cause car accidents. Some of the situations considered reckless driving include failing to stop at stop signs or red lights, failure to use turn signals, making illegal turns, and braking suddenly.
Driving Under the Influence
NHTSA revealed that drivers driving under the influence of alcohol were involved in approximately 28% of crash-related fatalities in 2018. The law in Nevada states that it’s illegal for any driver operating a vehicle with a blood alcohol concentration that surpasses 0.08%. These limits are stricter for those under 21 years (0.02%) and commercial drivers (0.04%).
Contact Our Competent Las Vegas Car Accident Attorneys Today
If you or a family member is involved in a car accident, do not hesitate to consult a Las Vegas car accident lawyer at Pacific West Injury Law immediately. We know the devastating effects that accident victims go through, so we are dedicated to fighting for justice and the maximum compensation for your injuries and losses.
Contact our legal team today to schedule a free case review of the details in your claim. No fees until we get a fair verdict or settlement.