Las Vegas Car Accident Attorney
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One of the most important things you should remember when you have been involved in a car accident is to speak to an accident lawyer as soon as possible. To protect your rights, you will need legal advice before you speak to the insurance company and provide a statement of the event. Insurance companies have become very aggressive in contacting victims of accidents quickly after the event. It is their belief that quick contact helps them settle cases faster and that this is beneficial to the victim. In reality, they try to push for a quick settlement before the victim even realizes all of the losses they have incurred or the severity of their injury. This is why it is imperative to speak to an accident attorney as soon as possible after the event to protect your rights.
If you or someone you know has been involved in a car accident and is uninsured, make sure to learn the legal and financial risks for uninsured drivers.
- Causes of Auto Accidents
- What To Do If You Are Involved In A Car Accident
- What To Do If You Are Injured In A Car Accident
- Proving Fault After A Car Accident
- What If My Auto Accident Was Caused By A Manufacturing Defect?
- Nevada’s Comparative Fault Standard
- Recoverable Damages From A Car Accident
- Nevada’s Auto Insurance Requirements
- Types of Supplemental Insurance
- Insurance Do’s & Dont’s
- Steps To Take When Filing An Insurance Claim
- FAQs For Your Accident Attorney
- Why You Should Hire A Car Accident Attorney
Causes of Auto Accidents
While every auto accident is unique in its circumstances, there are several common causes:
- Distracted Driving. With the advent of smart phones, distracted driving is becoming the leading cause of car accidents. In most cases, the driver is distracted by their handheld devices; however, distractions can also occur when the driver is operating the music player or GPS, reaching for something on the seat next to them, is engaged in conversation with passengers, or is in deep thought and focused on
- Hazardous Road Conditions. Road conditions can change quickly given weather, construction, and unexpected roadway debris. Additionally, construction work and traffic jams can also provoke unsafe driving conditions.
- Driving While Intoxicated; Driving Under The Influence. Drivers who have consumed alcohol or other mind-altering substances can be very dangerous on the road. Decision-making time decreases and judgment becomes impaired. Especially during major holidays, weekends, and events, DUI’s can be a leading cause of roadway accidents in the Las Vegas valley.
- Malfunctioning Equipment. Sometimes an accident occurs due to a manufacturer’s defect in the automobile. A prime example would be a previous client of mine whose parking brake went out given manufacture defect. These accidents are typically no fault of the driver and should be addressed immediately.
- Regardless of the reason for an accident, it’s important to know exactly what to do after an accident.
Of course, there are many other reasons that an accident can occur, and if you were injured in an employer vehicle, you may also be eligible for worker’s compensation.
What To Do After A Car Accident
Preparation is key to a successful car accident injury recovery. In Las Vegas, the local policing agency only responds to an accident if injuries are reported at the scene. Therefore, it is up to you, as the driver, to collect as much information as possible for non-emergency auto accident collisions. Every driver in the Las Vegas, NV area should have the following in their vehicles at all times:
- Pen and paper or a mobile device that provides note taking
- Camera or a mobile phone with camera capabilities
- Registration, insurance card, and drivers license
- Emergency contact phone numbers
- Roadside assistance
- Cones and/or road flares
- Access to the Las Vegas Police accident report form
If an accident has occurred and there are no immediate injuries, you should make sure your vehicle is moved out of traffic if at all possible. However, before you move your vehicle, you should be sure to take photos of the accident scene. Once your vehicle has been moved out of harm’s way, you should begin exchanging information with the other driver.
If the cars cannot be moved, you should contact the police department to advise of the potential hazard.
The police department should also be called if:
- Any drivers are intoxicated
- The other driver does not have a license, registration, or insurance
- Any party becomes uncooperative, violent, or flees the scene
When you have safely moved your vehicles out of harm’s way, you should exchange and obtain the following information:
- Names, addresses, email and phone numbers of drivers involved
- Passenger and witness information
- License plate, VIN number, Year/Make/Model of every vehicle involved
- Insurance company information of every vehicle involved
Once you have obtained all information from the scene of the accident, you may return home to complete the SR-1 form to send to your insurance company.
What To Do If You Are Injured In A Car Accident in Las Vegas, NV
Injured? Don’t wait until it’s too late! Contact Brian M. Boyer, the best Las Vegas personal injury lawyer for a FREE case review! (702) 800-0988
If you were involved in a car accident in Las Vegas, there are many steps that should be taken to preserve your rights. First and foremost, it is necessary to understand that all car accidents or car crashes are not created equally. Some accidents involve one car, multiple cars, some involve minor property damage others involve total loss. Other accidents involve immediate and substantial injuries, while others do not result in injuries or injuries that only become apparent hours or even days later. So this list is not exhaustive, as it would be impossible to go through every possible scenario in one condensed article. However, these are good guidelines composed by our Las Vegas car accident lawyer to follow if you have been involved in an accident:
1. Assess the Situation
First, you are going to want to assess the situation. Are you okay? Are your occupants okay? Do you or your passengers need emergency medical treatment? If so, do you have the ability to call 9-1-1? Do it. If not, you may want to see if anyone else involved in the accident or any witnesses can call 9-1-1. Next, if you are safe to exit your vehicle, you may want to check on the occupants of the other vehicle. Nevada law actually requires you to render aid or assistance if you were involved in an accident pursuant to NRS 484E.030. You should also call the police. There appears to be some confusion as to whether LVMPD will respond to an accident. However, they will likely respond if you call 9-1-1 and inform them of the accident. They will definitely respond if you inform 9-1-1 that an ambulance is required to assess potential personal injuries.
2. Exchange Information
If you are not going to require emergency medical transportation, then you have a duty to exchange information with the other driver. That duty extends both to the person who caused the accident and the non-negligent party. See Nevada State Statutes NRS 484E.020 and NRS 484.030. This includes your identity and your name, address, and registration number, and your license (if requested).
3. Take Photos of the Scene
It is important to secure photos of the scene of the accident for multiple reasons. Photographic evidence can be helpful in resolving later issues with liability and even causation of injuries. Furthermore, if a photo is worth a thousand words, videos, such as those from a dashcam can be worth a million. So check to see if the other driver had a dashcam hanging from their windshield or mirror. If so, ask them to save the footage and make note of the camera’s existence. However, you should keep in mind that if you are severely injured, taking photos is not a great idea. If you are severely injured, ask someone else to take photos or rely on the investigating police officer to gather facts and information on your behalf, and seek emergency medical treatment by calling 9-1-1.
4. Obtain witness information
It is also important to obtain independent witness information. An independent witness can be extremely helpful if there is a liability dispute. For instance, there are often disputes over who had a red or green light. It is common for there to be disputes over who went into who’s lane in side-swipe types of collisions. Obtain the names and numbers of any witnesses and put that information in a secure place, not just your cell phone, which can easily be misplaced, damaged, or stolen. Also keep in mind that if you are severely injured, you should focus on your injuries and not obtaining witness info, leave that up to the police if you are injured and seek emergency medical treatment.
5. Seek medical treatment
After you have left the scene, you should be evaluated by an experienced medical professional. Even if you do not feel pain immediately after the accident, you should seek medical treatment just in case. It is common for adrenaline to block pain receptors and many people do not report feeling pain until hours or even days later. Regardless, seeking the advice of a medical professional is your best option in order to make sure that you are not suffering from a serious condition, resulting from the accident. This is especially true if the accident caused substantial damage to the vehicles involved.
6. Contact an auto accident attorney
Notice how we are suggesting that you contact an attorney prior to contacting any insurance companies? This is a very important step. If you contact either your insurance company or the at-fault driver’s insurance company, they are going to ask you to give details about the accident that may be harmful to your case. The best course of action is to contact an attorney first, so they can assess the situation and give you advice. Usually, that advice will be to let the attorney handle all communications, with a few, limited exceptions. You should contact our office to immediately speak to an attorney that can assist you. We have over 50 years of combined experience in handling legal matters for residents of Las Vegas, Nevada.
7. Follow up with your healthcare providers
It is of paramount importance to listen and follow the advice of medical professionals. If you have not seen a doctor after an accident because you do not have health insurance, you should immediately contact our office. We work closely with many healthcare providers who will treat you, even if you do not have health insurance. If you do not treat with any healthcare providers, then you will not be able to properly substantiate a bodily injury claim, which could prove fatal to your personal injury case.
What if my auto accident was caused by a manufacturing defect?
If you believe your auto accident caused injury due to a manufacturing error in the automobile, you may have additional grounds for collecting compensation. It is not at all uncommon to experience injury during an accident caused by design flaws, such as the airbag system, seatbelt system, stuck acceleration pedals, brake failure, ignition and power-steering issues. A defective design can often cause serious injuries, and the automobile manufacturer should be held responsible for any injuries sustained from a flaw in the design. By consulting with an injury lawyer, you can discover your options for recovering as a result of the manufacturer defect, and they will help you obtain the compensation you are entitled to for a successful recovery.
Nevada’s Comparative Fault Standard
Nevada law states that, when in a car accident, if more than one party contributes to the crash, apportionment of fault may be distributed. What this mans is that the court compares your negligence against the other parties involved, and each party is assigned a percentage of liability.
If you are found to be less than 50 percent responsible for the crash, you may still recover for your damages. If you are found to be more than 50 percent responsible, you are not entitled to any type of recoverable damages under NRS 41.1, the Nevada Comparative Negligence statute. Your final compensation will be reduced by the percentage of at-fault for the crash.
Recoverable Damages Following A Car Accident
One of the biggest mistakes you can make following a Las Vegas car accident is not demanding compensation for all recoverable damages. There are several types of recoverable damages associated with a Las Vegas automobile accident, which fall under economic and non-economic damages. Economic damages are those which are qualified as monetary losses associated with your out-of-pocket expenses, including:
- Medical Bills (present and future)
- Lost wages (present and future)
- Property damage and repair bills
- Lost earning capacity (present and future)
Non-economic damages are those which are non-monetary, including:
- Pain and suffering
- Emotional distress
- Permanent scarring or disfigurement
- Loss of consortium
- Loss of enjoyment of life
As economic damages are tangible, it is typically easier to calculate economic vs. non-economic damages. To calculate non-economic damages such as pain and suffering, you would typically use a formula to determine what to ask for non-economic damages. Additionally, Nevada recognizes the third type of damages known as punitive damages. To successfully calculate damages owed following an automobile accident, it is best to consult an injury lawyer for the most favorable outcome.
State of Nevada Insurance Requirements
The State of Nevada requires drivers to maintain a minimum policy of liability car insurance coverage. Nevada law requires motorists to purchase coverage that pays injured parties in the event they are found to be at-fault for a car accident. Nevada insurance minimums are:
- $15,000 per person for bodily injury
- $30,000 per accident for bodily injury
- $10,000 per accident for property damage
It’s estimated that approximately 15 percent of Nevada drivers are uninsured. Purchasing additional coverage on your own plan is the best way to ensure you are protected if you’re ever injured by an underinsured/uninsured motorist in a Las Vegas car accident.
Types of Supplemental Insurance
- Comprehensive: Pays for the damage to your vehicle that occurs due to reasons other than an accident, such as weather conditions, roadway hazards, and vehicular theft.
- Collision: This covers damage to your vehicle that is a result of a crash, regardless of the at-fault party.
- Underinsured/Uninsured Motorist: This protects you in the event you are hit by an uninsured/underinsured motorist.
- MedPay: This covers medical treatment for any injuries to the policyholder driver or passengers with no consideration of fault.
- Personal Injury Protection (PIP): AKA “no-fault insurance” covers medical bills and lost wages to the policyholder or passengers regardless of fault.
Proving Fault After A Car Accident
Nevada is an at-fault state in relation to Las Vegas car accidents. What that means is that the general rules of negligence apply in any personal injury accident claim, and the person who lacked due-care is typically held responsible for the accident, holding the at-fault party and their insurance company responsible for any monetary losses accrued from the accident.
When attempting to prove fault, it’s imperative to examine the actions of each party involved in the accident to determine who acted negligently. If one, or all parties failed to use reasonable care, they would be deemed at-fault for the crash, and fault is distributed accordingly.
Auto Insurance Accident Claim Best Practices
After you’ve been involved in a car accident in Las Vegas, NV, you’ll want to notify your insurance company as soon as possible. You may also be contacted by the other party’s insurance company. To best protect your accident injury claim, below are some best practices to abide by when you are speaking with the insurance companies:
- Take photos and document as much evidence from the crash as possible. Doing so will help paint a clear picture of the accident scene and serve as future evidence for your claim.
- Understand the terms of your car insurance policy. Understanding your policy will help provide some insight as to the outcome of your claim.
- Do not lie to the insurance company. If you misrepresent the facts of your claim, or you outright lie to the insurance companies, your claim could be denied altogether! Honesty is the best policy.
- Obtain a copy of the accident report. You will want to review the report for accuracy since it is a critical part of your accident claim!
- Do not admit fault! Even if you suspect the accident may be your fault, or partially your fault, admitting fault to the insurance companies will undoubtedly result in denial of your claim.
- Hire a personal injury lawyer. Above all else, the best thing you can do to protect your claim and get the best settlement possible is by hiring a Las Vegas personal injury attorney. They will act as an advocate on your behalf and will handle all complicated insurance matters so you can focus on what matters the most–your recovery!
Questions To Ask A Personal Injury Lawyer
How experienced are you in handling cases like mine?
Your attorney should have ample experience in handling cases similar to yours. Be sure to ask for past settlement amounts and client success stories.
What is your fee?
The standard contingency fee for a Las Vegas personal injury lawyer is 33.33%, with no upfront fee.
How long until I receive a settlement?
Although there is no crystal ball that can give you a precise answer, your attorney should be able to provide you with an estimated timeline.
Will you be handling my case personally?
Most law firms are staffed with an abundance of injury lawyers. It is not at all uncommon to consult with one attorney, and have your case passed on to the next. At The Injury Firm, who you speak with is who you get. Your case will be handled with the urgency and care it deserves!
Why hire the best car accident lawyer in Las Vegas?
No car? No problem. We’ll come to you! From Las Vegas to Summerlin, Henderson and Boulder City, NV, our personal injury lawyers serve clients throughout all of Southern Nevada. We understand that sometimes a vehicle accident can leave you without a car, or you simply just might not want to drive. That’s okay! No questions asked; we will come to you.
With over 50 years of combined experience, The Injury Firm attorneys have the knowledge and resources to help you get the best settlement possible for your personal injury case, as quickly as possible. Do not leave your recovery to chance. Take the first step toward getting the compensation and recovery you deserve. Contact us today for a free, no-obligation case review.
How can a Las Vegas car accident attorney help me?
A car accident lawyer can help you in a number of ways. From insurance negotiations to receiving adequate medical care, our main concern is securing your maximum settlement offer in as little time as possible. The Injury Firm has representatives available to speak with you 24/7 to answer any questions you may have. If you are ever questioning whether or not you have a personal injury claim following a car wreck, the best thing you can do is consult with an experienced personal injury attorney at a free consultation.
Although we advise that you consult with an injury lawyer before speaking with the insurance company, if you’ve already spoken to the insurance companies, it is imperative that you send any pre-settlement paperwork to an injury attorney to ensure you are receiving the best settlement offer possible.
If you find yourself in pain and are suffering following an accident, contact our car accident attorneys at The Injury Firm Las Vegas BEFORE you speak with the insurance companies regarding your property damage. They will attempt to trick you into making statements that they can later use against you later in an attempt to deny or dismiss your claim. Car accident survivors who have experienced serious physical and financial losses will need the legal advice of a skilled accident attorney for a successful and profitable recovery process.
The Injury Firm: Best Auto Accident Lawyers in Las Vegas, NV
Our Las Vegas car accident lawyers are well versed when it comes to the knowing the potential pitfalls to avoid in any given motor vehicle accident, and we’re ready to put our Las Vegas auto accident attorney experience to work for you! You should know that the insurance companies are only going to want to offer you as little as possible, as their main focus is maintaining a healthy bottom line.
They’ll contact you shortly after an auto accident
They will almost always approach you days after the accident to see if they can get you to turn down your entitlement to fair compensation (though, they will not present it that way.) It is a deceitful tactic. Your insurance company is trying to take advantage of you while you are in a state of vulnerability. Do not sign away your rights for immediate compensation. Do not let them intimidate you into believing you will not be awarded more.
Let our lawyers represent you
Let our Injury Firm lawyers, the best Las Vegas automobile accident lawyers, fight the insurance companies on your behalf to award you the fair compensation you deserve, as quickly as possible. We will protect you against sneaky tactics used to justify their low payouts, and we will help you focus solely on your physical and metal recovery. We will handle the rest.
Insurance companies will do everything in their power to resist high payouts for medical expenses on automobile accident claims. They will try to stall, delay, intimidate, and find any excuse to deny your claim. You need top-tier representation by an experienced personal injury lawyer who understands these tactics and can ensure a fair, and prosperous payout for you, our client.
- Rear End Accidents
- Hit And Run Accidents
- Drunk Driving Accidents
- Rollover Accidents
- Reckless Driving Accidents
- Truck Accidents
- Motorcycle Accidents
Have you been injured in a car accident in Las Vegas? Are you wondering what steps you need to take next? Call or text (702) 800-0988 to speak with an injury attorney.
Have you been injured in a hit and run accident? Find out how you can still file a personal injury claim. Call or text (702) 800-0988.
Have you been injured in a minor fender bender? Are you wondering whether or not you have a personal injury claim? Call or text (702) 800-0988 for a free case review by attorney Brian M. Boyer.
Have you been injured with no health insurance? Call us immediately to discuss your options for recovery. (702) 800-0988
Have you been injured in a Las Vegas car accident with no auto insurance? Call or text (702) 800-0988 ASAP.
Common Reasons For Las Vegas Car Accidents
As technology continues to advance, from fancy media displays to cell phones, drivers tend to engage in dangerous activities while behind the wheel. The result? An increase in automobile accidents as drivers are increasingly more distracted while driving. Distracted driving may include texting while driving, using social media while driving, taking photos while driving, eating or drinking while driving, etc… Driving while distracted is negligent because the driver’s attention has been taken away from the wheel.
Drivers who are impaired by drugs or alcohol impose serious risk to drivers on the road. Intoxicated drivers are unable to focus and have significantly shorter attention spans than sober drivers. Intoxicated drivers can develop double-vision, fall asleep, lose control or worse.
Next to distracted driving, speeding is a leading cause of automobile accidents. Whether a negligent driver is going too fast, he or she cannot stop in time if there is an emergency, and it becomes increasingly more difficult to remain aware of your surrounding environment. Speeders tend to collide into other vehicles because they lack sufficient time to stop when required. Speeding often causes rear-end collisions and head-on collisions, t-bone collisions and rollover accidents. These types of accidents often cause serious whiplash, spine, neck and back injuries.
Driving while tired or falling asleep at the wheel is particularly problematic in large commercial trucks. A driver who operates the vehicle while overly tired runs the risk of falling asleep at the wheel, which can endanger the lives of others on the roadways. Driving if you are too tired is negligent conduct that puts others at risk. Drivers falling asleep at the wheel is more likely to occur at night time, but it is not unheard of for them to happen during the day as well.
Have you been injured in a car accident?
We’ve successfully recovered millions for our injured clients. Let the best Las Vegas auto accident lawyer fight for you, too!
If you’ve been injured in a car accident in Las Vegas, you are not alone! Do not feel intimidated by the thought of filing a lawsuit. It is the only way to attain the justice and financial support for a successful recovery. Don’t get lowballed by insurance companies. Instead, call (702) 800-0988, today, for a free case evaluation by the best Las Vegas personal injury lawyer in town!