Head-on collisions are all too common and when you are a victim, you want and deserve answers. One of the primary questions you may have is who is at fault for the accident. While initially, the answer may seem simple, it is not always clear.
Establishing Fault Following a Head-On Collision
Initially, you may think the driver who hit you head-on is the one who is to blame for your injuries. But this is not always the case. There are issues which could result in someone else being to blame, such as:
- Car or pedestrians entered the driver’s lane of traffic
- Roadway design or maintenance caused wreck
- Tire blowout or brake failure resulted in collision
As you can see, the driver may be primarily at fault for entering your lane, but the underlying cause of the accident could mean someone else is at fault.
If Someone Other Than the Other Driver Is at Fault, How Is That Proven?
Motor vehicle accidents require proof of negligence be established to hold someone financially accountable for the injuries a victim suffers in a head-on collision. When law enforcement is called to the scene of a head-on collision, they will conduct an accident investigation.
Victims of accidents have the right to secure a copy of the investigation which was conducted by law enforcement. This is usually best handled by your car accident lawyer since they know the right questions to ask.
How Are Insurance Claims Filed Following a Head-On Collision?
Victims should file a claim with the at-fault party’s insurance company. They should take care to use caution when answering questions that may be asked by the insurance adjuster. Even innocent questions about how you are feeling can cause problems later in the insurance claims process.
What if More Than One Party Is Responsible for Injuries In a Las Vegas Collision?
This is when it is time to contact an experienced car accident attorney. Victims need to take time to focus on their physical recovery following a Las Vegas car accident. An experienced attorney can handle calls from insurance adjusters and work with victims to make sure claims are filed accurately.
What Damages Can the Responsible Party Be Held Liable For?
Victims are entitled to compensation for the damage to their vehicles. They are also able to file a claim for the following:
- Lost wages — wages which the victim would be entitled to, had they been working rather than recovering from their injuries. Talk to an attorney to determine how to calculate the wages lost during an absence from work resulting from a head-on collision.
- Out of pocket medical bills — victims should not have to pay for the medical expenses for an injury that was caused by a third party. Expenses can also include prescription drugs, follow-up care, special tests, and medical devices.
- Other expenses — it may be possible to claim other expenses resulting from an injury including modifications to a victim’s home to allow them to navigate their home safely during recovery.
Since every case is different, it is important to talk to an accident injury attorney who has handled head-on collisions in Nevada.
How Much Can a Victim Expect to Collect In Damages After a Head-On Collision Claim?
There are several factors that determine the amount a victim may claim. It is important to allow an attorney to review the facts of the case, determine the extent of injuries suffered, and look at all factors which impact the dollar amount a victim may be able to collect.
Can a Head-On Collision Victim Negotiate with Insurers On Their Own?
This is always a bad idea. Insurance companies will have an army of lawyers on their side. Their goal is to pay as little as possible out in claims. An attorney who has experience holding insurance companies accountable is always a better bet than trying to go it alone.
What if an Insurance Company Offers a Settlement?
Never accept a settlement from an insurance company without having it reviewed by an attorney first. Chances are the settlement offer will be less than a victim may be entitled to if they were represented by a lawyer.
Insurance company adjusters are aware an accident victim is out of work and likely facing some financial challenges. They also know the faster a case is settled, the lower the amount they have to pay out. Remember, when a settlement is accepted, the insurance company has no future obligations for expenses, including future medical bills.
What Are the Time Limits for Filing a Car Accident Lawsuit In Nevada?
Nevada Revised Statutes (NRS) §11.190 states victims have two years following an accident to file a lawsuit. Do not get lulled into a false sense of security because this time goes by faster than you might think. The sooner you consult with an attorney the better.
How Long Does a Head-On Accident Claim Take to Settle?
This is a challenging question where there is no easy answer. The fact is every case is different and negotiating with insurance companies can take time. If the insurance company is willing to negotiate in good faith, the process will take less time than if they attempt to deflect blame.
What Happens if a Head-On Collision Is Fatal?
Per NRS § 41.085 a wrongful death claim may be filed by the surviving heirs of the decedent or the decedent’s personal representative. The claims process is similar to that which would occur if the victim had lived.
There may be other financial claims such as pain and suffering, funeral costs, and burial costs included in the final settlement demand. With more than 300 fatalities in Nevada during 2020, there may be families who have questions for which they should contact a car accident attorney to get answers.
Contact an Accident Injury Attorney Today
Contact a Las Vegas personal injury lawyer for help seeking compensation. If you suffered an injury or lost a loved one in a Nevada head-on collision, our team can help you.