Automobile Defects

Although the safety features in motor vehicles has significantly improved over the past decade or so, with new technology comes new opportunity for a crash. Unfortunately, a good percentage of vehicle defects can be attributed to severe injury or death. In some cases, these defective vehicle issues can go overlooked in even the smallest of accidents.

If this sounds like the case for you, a Las Vegas personal injury lawyer may need to come on board to investigate the details of your case, including car defects as the result of injury or death after a traffic accident.

Brake Failure

If you’ve become injured in a car accident as a result of brake failure, you may think you have to face the insurance companies alone. This is not the case. Our law firm has handled many defective auto claims and we are prepared to help you, too.

More often than not, the insurance companies will employ tricky tactics to avoid paying maximum compensation to car accident victims. At Brian Boyer Injury & Car Accident Lawyer Las Vegas, we are experts in attaining the compensation you deserve under Nevada Law. In addition, it is important to note that not all injuries are immediately detected. So if the insurance company attempts to offer you a “quick” settlement offer, it is in your best interest to consult with an experienced personal injury law firm before entertaining the idea of accepting an offer. We will review your case in detail, protect your rights and get the highest settlement offer possible.

Determining Fault

If brake failure was the direct cause of your accident, the first thing we are going to investigate is the manufacturer of the vehicle to determine if the company was negligent in producing the car prior to releasing it to market. An auto manufacturer can be found responsible for defective brakes in various ways including, but not limited to:

• Every model of the specific vehicle produced had defective brakes, or the braking system was developed substandard to safety requirements;
• Your vehicle was designed poorly which resulted in faulty or defective brakes.

In most cases, manufacturers will identify a problem as soon as it is found and issue a recall for the part or system that is found to be defective. If the manufacturer does not issue a voluntary recall to remedy the errors, they can be held responsible for car accident injuries resulting from defective brakes.

Similarly, the automobile repair shop that is responsible for servicing your vehicle can also be held responsible if your braking failure was a result of poor workmanship. To file a claim against either the auto shop or the vehicle manufacturer, you must be able to prove:

• The hazardous condition of the brake system was a direct consequence of their failure to take action.
• The brake system’s state was the reason behind the accident.
• No notable modifications had been made to the vehicle since the repair shop or manufacturer last serviced it.

The driver’s negligence may also be demonstrated by brake failure. Every driver is required to follow specific safety standards in their vehicles, and if the driver who collided with you was aware that their car had defective brakes, they created a hazardous situation. Therefore, their actions could be considered negligent. Moreover, not taking the car for maintenance also constitutes negligence, which is behavior that poses an unreasonable risk of harm to others.

Nevada automobile accident law states that a negligent driver can be held responsible for all costs resulting from their recklessness while on the road. If a driver acts negligently and their carelessness causes you direct physical harm, they are legally obligated to pay for your resulting damages. To thrive with a negligence claim, you must be able to prove:

• The negligent driver owed you a duty of reasonable care that was disregarded;
• The negligent driver acted carelessly and breached their duty of care;
• The defendant’s breach of duty of care resulted in your injuries;
• Your injuries are real and resulted from the accident (they were not preexisting).

State of Nevada Auto Accident Negligence Law

In the State of Nevada, auto accidents are governed by an at-fault system. Responsibility for the crash typically lies with the party who should have exercised more care to prevent it, as determined by general negligence rules. The responsible party’s insurer must cover any losses or damages. Fault in the accident is established by evaluating each party’s actions to determine if anyone was negligent. If any party failed to act with reasonable care and contributed to the accident, they are deemed at fault. To establish fault, you must demonstrate by a preponderance of the evidence that the respondent’s negligent behavior resulted in the accident.

Nevada follows a modified comparative negligence approach (NRS § 41.141), where you cannot recover damages if you are either more responsible or equally responsible for your injuries. If multiple parties contribute to an accident, the court apportions fault to each responsible party by comparing everyone’s negligence and assigning a percentage share of responsibility. Under this approach, you can only recover damages if your fault is less than 50 percent. The rule also requires courts to reduce damage awards in proportion to your percentage of fault. For example, if you sue for $100,000 in damages but the court finds you 20 percent at fault, you will receive only $80,000.

Statute of Limitations Rule

A statute of limitations is a legal regulation that limits the timeframe in which an individual can file a civil lawsuit against someone. If the deadline is missed, the defendant can use the statute of limitations as a defense against the lawsuit. If you fail to file your case within the stipulated period, you may lose the right to sue for damages, and the court is likely to dismiss your case, except in rare situations that warrant an extension of the filing deadline.

Nevada’s statute of limitations for personal injury cases resulting from car accidents is two years (N.R.S. § 11.190-(4)(c)). It commences from the time you discover or reasonably should have known about your injuries. This aspect is crucial because some injuries may manifest long after the accident. However, several circumstances can toll or suspend the statute of limitations even after discovering your injuries. These reasons for tolling include:

• If the defendant is out-of-state: The statute of limitations is tolled while the respondent is absent from Nevada.
• In cases where one of the parties is a national of a country at war with the U.S.: The time restriction to sue is halted when one party to the case is a citizen of a state that is presently in a state of war with the U.S.
• In the event of a reversal of judgment: After the court overturns a case, you have one year following the reversal to bring a claim arising from the annulment.

Steps to take after an accident

• Call 911 to report the accident and request medical assistance
• Seek immediate medical attention even if you think your injuries are minor
• Provide the police with only essential information and do not admit fault
• Write down relevant information from the scene, such as:
  • Driver’s name, contact information, license number, and insurance information
  • Vehicle type, model, make, and license plate number
  • Date, time, and location of the accident
  • Travel direction for each vehicle involved
  • Names and contact information for eyewitnesses
  • Notes from conversations with eyewitnesses
• Take pictures of the accident scene, including:
  • Multiple views of the scene
  • Damage to the cars and debris on the road
  • Traffic signals or signs nearby that may be relevant to the case
  • Your injuries
• Consult an attorney before speaking with insurance companies
• Keep records of everything that happens to you after the accident, such as medical bills and reports, hospital visits, financial records, and lost wages

Filing a claim

Contrary to popular belief, most personal injury lawsuits never make it to trial. Instead, most of them settle outside of the courtroom by ways of negotiations, mediation, and/or arbitration. Below you will find a step-by-step guide on what your attorney will do in order to achieve maximum compensation:
1. Prepare Your Case: Even if it’s unlikely that your personal injury lawsuit will go to court, your attorney will prepare as if a jury will hear it. They will carefully draft filing documents that can withstand court scrutiny and ensure that your cause of action and grounds for recovery are precisely stated. Additionally, your attorney will help you preserve evidence that is crucial to your case. This evidence is critical in helping the defendant’s insurer recognize that it’s in their best interest to offer a fair settlement.
Demonstrating your readiness to fight for your rights can often compel the insurer to evaluate your claim fairly. Your attorney will present evidence to prove the validity of your claim, which may include:

• Photographs and/or video footage of the accident scene
• Police reports from the accident
• Incident reports from the accident
• Medical records
• Witness statements
• Statements of your loved ones to demonstrate how life-altering your accident has been
• Lost wages reports
• Doctor and other expert testimony

2. Discovery: Settlement talks may occur soon after an accident if the at-fault party is clear, and insurance coverage is available. However, in most cases, settlement talks begin only after both parties have sufficient time to study the case. Even if you’re the victim, you may have missed some details of the accident.

Discovery is a process that allows all parties to build their case, limiting the scope of the claim and providing a fair chance for each party to establish facts and determine their course of action. It involves depositions, interrogatories, and a physical examination of the accident scene, and can take several months for complicated cases.

In discovery, your lawyer will show the value of your damages and include those in the final demand. Conversely, the defense will also evaluate your claim and try to find any evidence available to use against you. Once the discovery process is complete, your attorney can initiate settlement talks.

3. The Demand Letter: The negotiations process formally begins once your attorney sends a demand letter outlining the damages for your claim. The insurance adjuster is then given a timeline to respond — which is usually 15 days from the date of the letter — however, that timeline can range due to the intricacy of your case. The insurance company will either A). agree to the terms of your demand, or B). counter-offer. If they do not reply to your demand letter, your case will continue on as any other trial case does without any further negotiations.

Once the insurance company replies to your demand letter, they will issue a “reservation of rights.” This is a formal letter that informs your attorney that the insurance adjuster is evaluating your claim and reserves the right to decline your request if the policy at play does not adequately cover the accident. This essentially protects the insurance company against any future claims in their negotiations. In other words, it is their way of acknowledging that their policy was part of the accident. This letter can also be used as a foreshadowing that they may refuse to pay for the losses and forcing you into a smaller offer.

4. Negotiations Process: When settling a personal injury case, your attorney will engage in informal discussions with the defense to negotiate the terms of a settlement. These discussions are typically strategic, and your attorney will decide when to disclose information to the defendant’s counsel and when to hold back. It’s rare for a claim to be settled with a single phone call, as there will almost always be disputes between the parties. Your attorney will negotiate skillfully and deliberately, taking care to conceal their opinion of your case from the defense. This back-and-forth process is crucial in reaching a fair settlement.

While in negotiations, the insurance adjuster will ask a series of questions and attempt to dispute liability as a means of lowering your final settlement offer. They may try to dispute:

• Liability: Driver fault for the accident and your degree of comparative negligence.
• The magnitude of your injuries: They may try to make your injuries appear less significant.
• Pre-existing Conditions: They may try to use your pre-existing injuries against you.

5. Mediation or Arbitration: In some cases, your attorney may have to settle your case through mediation or arbitration. Mediation and/or arbitration are face-to-face legal proceedings where all parties meet before a mediator or arbitrator who then assists the parties in reaching a mutual agreement on a settlement offer. If no agreement is met, the case will continue to trial.

6. Accepting the Settlement: If a settlement agreement is met before a trial, your attorney will put it in writing. The settlement then becomes legally binding once each party signs it. Your lawyer will then review the settlement to ensure it honestly represents your agreement. If you accept the agreement, the parties will sign and send a copy of the contract to the Court for approval. Once the judge signs off on it, your case is considered settled.

How to Handle the Insurance Companies

It’s important to speak with a personal injury attorney about the details of your accident and the damages you’ve suffered before engaging with insurance adjusters. These companies may seek to resolve your case before you fully understand the extent of your injuries, so it’s crucial to protect your rights and interests by seeking legal counsel. An attorney can negotiate with the insurance company on your behalf, helping you avoid the pitfalls of negotiating with adjusters on your own. Additionally, it’s important to be aware of the common mistakes people make when dealing with insurance adjusters during negotiations.

Do not consent to a recorded statement

It’s important to know that you are not legally required to provide a recorded statement to an insurance adjuster. While they may ask for a written statement, it’s crucial to refrain from giving any information without consulting with your attorney. Adjusters may use seemingly harmless statements against you to minimize your settlement, so it’s essential to have legal representation to ensure your rights are protected.

Do not provide extra information

It’s important to be cautious when providing information to insurance adjusters, as they may try to use irrelevant details to minimize your claim. Avoid disclosing information about your family, friends, or past and present employers unless it’s relevant to your case. It’s also essential to note that information about your prior medical conditions is often irrelevant and can be used to invalidate your claim, so be mindful when discussing your medical history with an adjuster.

Do not sign a medical release without asking your attorney

To maximize your compensation, it’s best to delay signing any medical release forms until near the end of your treatment. These releases grant access to your medical records, which adjusters do not require in the early stages of your claim. Giving the documents to the adjuster too soon could lead to a smaller settlement offer. It’s more advantageous to keep the records until your physician confirms your health status and determines that any future complications are unlikely.

Do not settle early!

Insurance adjusters may try to take advantage of your desire for a swift resolution to your case. While it’s understandable that you may want to avoid a long and drawn-out claims process, settling too quickly may not be in your best interest. In some cases, the full extent of your damages or injuries may not become apparent until later. Unexpected complications that arise down the line can lead to increased medical expenses, meaning that an early settlement may result in you missing out on higher compensation.

Recoverable damages

If you have been injured in a car accident, there are a few different categories of damages you can collect on. If you file a personal injury claim, this will help you recover the below damages:

1.  Economic Damages: Economic damages refer to compensation for the financial losses and expenses you experience as a result of an accident or injury. These damages can be objectively quantified into actual monetary losses and out-of-pocket expenses. Examples of economic damages include:

• Medical bills (current and future)
• Lost wages (current and future)
• Loss of earning capacity
• Auto repair costs
• Diminished vehicle value
• Rental car reimbursement

2. Non-economic damages: Non-economic damages are damages that cannot be physically proven; rather, they are intangible. These damages can include:

• Emotional pain and suffering
• Loss of consortium
• Permanent disfigurement (burns, loss of limbs, etc…) and scarring
• Loss of quality of life

3. Punitive damages: The State of Nevada permits the collection of punitive damages in addition to the above two damages types in a personal injury case. This type of compensation exists solely to discourage future bad behavior from the defendant and like-minded individuals. For example, a drunk driver may be charged with punitive damages as they made the intentional decision to put others in danger.

The State of Nevada has a cap on punitive damages.

• 3x the compensatory damages but no more than $100,000;
• A maximum of $300,000 if the compensatory damages are less than $100,000
• Up to $10,000 if your damages were caused by a minor.

Contact a Las Vegas Personal Injury Attorney

Dealing with the aftermath of an accident can be a challenging experience, especially if you’re facing lost income, medical expenses, and other unexpected costs. The last thing you want is to have to navigate an uncooperative insurance company on top of everything else. That’s where the Brian Boyer Injury & Car Accident Lawyer Las Vegas comes in. Our firm has a proven track record of success representing members of the Las Vegas, NV community in personal injury cases. If you call us at (702) 800-0988, we’ll work tirelessly to negotiate the maximum possible settlement for you as quickly as possible.