When you are in a car accident, your first thought is likely to be apologizing to the other driver. This is often the case when there is a fender-bender – the person in the second car always apologizes.
But what if the person in the second car was not at fault? What if your accident was not your fault either? For instance, you may have crashed into the rear of another car, but only because the driver suddenly swerved into your lane.
Or you may have T-boned another car because the driver skipped their red light. In such a situation, you should never apologize for the accident, no matter how bad you feel. The reason for this is that you may have suffered severe injuries, even if you only realize it later.
If you start apologizing at the scene, the other driver may take it that you are admitting fault for the accident. This will get to the insurance company, and they will likely refuse to pay for your damages and medical bills because you have ‘taken responsibility’ for the accident.
So, what should you do after an accident? Exchange details, take photos, videos, and witness statements, as well as get medical attention and call a lawyer.
A car accident lawyer will advocate for your rights and ensure you only relay the accident facts to the insurance company. Your lawyer will also fight for the compensation you deserve by proving the other driver is liable for the accident.
Liability refers to who was at fault for causing the accident. In Nevada, liability is based on the principle of ‘fault.’ Nevada and Las Vegas follow a modified comparative fault system. This means if a driver is found to be less than 50% at fault for an accident, they can recover compensation. However, that compensation will be reduced by the said percentage of fault.
For example, if an investigation into the accident finds that you were only 20% at fault for the accident, you can claim damages. If you claim for, say, $100,000, you will only receive $80,000.
That said, if you are found to be more than 50% at fault, you will not be allowed to recover compensation. This is why it is so important not to admit fault at the scene of an accident.
Understandably, you would want to express that you are sorry for the accident, but this will cause a problem if you later want to sue for compensation.
If the other driver caused the accident, you will need evidence. A car accident lawyer can help you gather this evidence. Your lawyer can also strongly argue with insurance companies or a court.
The lawyer will do this step by step. They will collect photos and videos of the accident scene. These will typically include images and footage of vehicle damage, road conditions, traffic signs, and visible injuries.
Your lawyer will also interview people who saw the accident happen. Witness statements can make or break a liability case, so to speak. If the lawyer can get detailed witness accounts stating the other driver caused the accident, this will be a huge advantage for your legal case.
If the car accident turns out to be more complicated than expected, your lawyer may turn to accident reconstruction experts. These experts can analyze the scene and provide an objective opinion on the circumstances that caused the accident.
Getting an expert in for your legal case is crucial when it is not clear who caused the accident based on evidence alone.
For most accidents, especially severe ones, the police will arrive and create an official accident report. These reports contain valuable information about the accident, including the officer’s observations when they arrived at the scene.
If you or the other drivers were issued a citation, this information will also appear in the report. Your lawyer will use a copy of this report to find evidence that supports your claim about the other driver being liable.
Remember that police reports are not always definitive during a court case, but they carry a lot of weight when it comes to insurance claims.
Your lawyer will also want to analyze your medical reports. If you were seriously injured in the accident, the nature of your injuries can prove the other driver’s liability. Your lawyer will want to see your doctor’s notes and test results. Even your ongoing treatment plan, which demonstrates the extent of your injuries, can be linked to the accident.
Insurance companies usually want to keep payouts as low as possible when accident victims file compensation claims. Therefore, it should not be surprising if the insurance provider you want to claim from tries to dispute liability. The insurer may even try to place a higher percentage of fault on you.
Having a car accident lawyer on your side can help you through this process. You will not even have to communicate with the insurance company at all.
Your lawyer will negotiate with the relevant insurance adjuster, using all the above mentioned evidence to prove the other driver was at fault.
If the negotiations are not planned, your lawyer can escalate your case by filing a personal injury lawsuit in court.
The lawyer will also handle all the necessary paperwork to file such a claim. They will also ensure that your lawsuit is filed before the statute of limitations expires. In Nevada, the statute of limitations for personal injury claims is two years from the accident date.
Las Vegas always has high traffic levels because it is such a popular place to live and visit. With so many cars on the road, accidents are unfortunately very common here.
If you are involved in one of these accidents, you should not hesitate to hire a car accident lawyer. Nevada’s modified comparative fault laws and the concept of proving liability are much more complex than you may realize. Car accident lawyers are trained to make sense of both concepts and to secure the maximum compensation for each client.
