Las Vegas Fender Bender Lawyer
Although fender benders are extremely common, they are one of the most difficult cases to present for a personal injury. This is because insurance companies have taken a strong stance on whether or not fender benders can actually result in bodily harm to the occupants of a vehicle involved in a fender bender or other type of low impact collision. There is a specialized field of science involved in determining whether or not a person could have been injured in a low impact collision, known as biomechanics.
Biomechanical engineers are often hired by insurance companies to support the denial of personal injury claims when they involve low impact collisions. Biomechanical engineers will analyze the forces involved in motor vehicle collisions by investigating the damage to the vehicles. The accuracy of these types of tests are questionable and can cause major problems when presenting a case to a jury, as these engineers will often testify at trial that a plaintiff in a personal injury case could not have been injured in a low speed or low impact collision.
For this very reason, you should retain an experienced Las Vegas personal injury lawyer to assist you if you have been involved in an accident that occurred at low speeds or resulted in minor property damage to your car. As the insurance companies will use every trick in the book to avoid paying out a lot of money for your personal injury claim. You can contact the Injury Firm | Las Vegas, at any time, day or night, and immediately speak to an experienced attorney that would be happy to help you obtain the compensation that you are entitled to as a result of your accident.
What Is A Fender Bender?
A fender bender is a term used to describe any accident that involves a low amount of property damage. Whether it be a parking lot collision, low impact rear-end collision, side swipe collision, or low speed accident. As discussed above, these types of cases are difficult as insurance companies love to deny these types of claims. This is because many Plaintiffs will lose these types of cases at trial because it is tough to get a jury to find that a plaintiff was actually injured in a low speed or small impact collision. A jury will have a tough time swallowing that a person could be injured in a low speed or small impact accident, especially when they have an expert feeding them scientific information supporting the positions that the injuries simply could not have taken place. Oftentimes, a biomechanical engineer will relate the forces from a low speed impact to being less than that of operating a bumper car, an activities that many people engage in on a recreational basis, for fun. However, being involved in a car accident is not fun, and people rarely anticipate being involved in an accident before it actually happens. This is one of the many ways to overcome a cunning defense attorney’s arguments regarding biomechanics and is also one of the many reasons why you should retain the best possible personal injury attorney to represent you if you were involved in a motor vehicle collision.
Common Causes of Fender Bender Accidents
The causes of fender benders include failing to pay attention, failing to mind a vehicle’s blind spots, another vehicle violating your right of way, failing to decrease speed and causing an accident, failure to obey traffic signals, etc. The characteristic that makes it a fender bender is that it is low speed and involves a small amount of damage to the vehicles involved. It is somewhat of a misnomer, as it does not need to involve the fenders of your vehicle. It could just as easily involve the bumpers, quarter panels, doors, or sometimes wheels. The defining characteristic is simply the low impact of the collision.
Typical Injuries From A Fender Bender Accident
Typical injuries from fender bender accidents or low speed impacts is soft tissue in nature. In other words, fender benders rarely involve broken bones or other objective injuries. Fender benders typically cause subjective injuries, that are soft tissue in nature. These types of injuries are harder to substantiate in a personal injury case because the injuries cannot be seen by the naked eye. They are usually only demonstrated by diagnostic procedures such as MRIs, CT scans, or arthroscopic surgery. For this reason, it is extremely important to see the right doctors, who can properly support your bodily injury claim. They can sometimes do this by simply recording your pain levels and rang of motion for a particular time period after the accident. This can be used to show a trier of fact how quickly (or slowly) you recovered from your injuries after an accident.
Determining Liability In A Fender Bender Accident
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Liability in a fender bender is the same as any other accident. There will usually be a responsible party and a non-fault party. Sometimes, however, both parties will share the blame for causing a fender bender. If this is the case, then there may be some apportionment of liability. Nevada follows the “modified comparative negligence” form of determining liability in a motor vehicle collision, which is codified by NRS 41.141. NRS 41.141 implies that, in order to recover for a personal injury claim, you must be less than 50% at fault for causing the accident. If you are partially at fault for causing an accident, your percentage of liability will be used to reduce your damages.
For example, if you are 15% at fault for causing an accident, you may still recover, however, any award of damages by a jury or other trier of fact will be reduced by 15%. So if you were awarded $100,000.00 by a jury for your damages, your award would be reduced to $85,000.00.
How To File A Lawsuit Following A Fender Bender Accident
If you plan on filing a lawsuit for a fender bender accident, you must do so within 2 years. However, you should retain an attorney or lawyer right after being involved in an accident in order to properly protect your rights. The best Las Vegas Car Accident Lawyer will help you achieve the results that you desire, by telling you to do the right things at the right times. The Injury Firm | Las Vegas has lawyers that can immediately help you our for your injuries and give you the proper advice. We also serve North Las Vegas, Henderson, Green Valley, Boulder City, Summerlin, and the Strip. Give us a call today so we can immediately start working on your case.