Determining Car Accident Fault By Location of Damage

There are times when damage can go a long way in proving fault in a Nevada car crash. For example, if you’re rear-ended, you’ll have damage to the back of your vehicle. The car behind you will have damage to the front of their vehicle.

In most cases, the vehicle in the back is at fault. Because the vehicle behind you failed to comply with Nevada traffic laws when they didn’t leave enough stopping distance, they’re usually at fault for a rear-end crash.

In other cases, damage alone may not tell the entire story. For example, if you have damage to your left passenger side and the other driver has damage to their front end, the damage alone may not definitively answer the question of fault. Most likely, the damage occurred when they hit you as you tried to turn left.

However, that doesn’t answer the question of who had the right of way. If your light was green and they ran a red light, they’re at fault. However, if you tried to turn left on a red when you didn’t have the right of way, then you’re at fault. The location of the damage alone doesn’t offer enough information. In that case, you need to rely on witness testimony to determine who acted negligently.

The location of the damage is often only one piece of the puzzle. Your car accident attorney will consider damage location as well as speeds, acceleration, weather, tire marks, intoxication, and other personal characteristics of the drivers to piece together what happened. They’ll talk to witnesses and analyze whatever issues may be relevant in your case.

In order to use the location of damage to determine car accident fault, it’s helpful to preserve evidence of the damage. That way, the other side can’t say that you’re not telling the truth or that you are misremembering things. To start, you can collect photos at the accident scene. You can use the camera on your phone or any simple camera to snap a few pictures. It’s best to err on the side of taking too many photos instead of wishing later on that you had taken more.

When you’re taking photos, it’s important to remember not just to take photographs of your vehicle. Take pictures of all of the other vehicles involved. You may also want to take photos of skid marks on the road. If there’s debris, the location of the debris can be beneficial later on. A comprehensive view of the accident scene can also help your legal team piece together what occurred.

You may also want to inspect the other vehicle. You might use Nevada Rule of Civil Procedure 34 to request an inspection. You will likely need to work very quickly to make this request.

You might receive an estimate for repairs from a car repair shop. This estimate might include a helpful list of things wrong with your vehicle from a skilled mechanic’s perspective. It’s also important to call law enforcement to the accident scene.

The police are often the only ones who have the luxury of looking at the crash scene live. Your attorney may supplement their work by returning to the crash scene, but the police can gather valuable evidence of the damage on the scene immediately after the crash.

Many times, crash victims work with accident reconstruction experts to determine how the location of the damage explains how a crash occurred. They can apply physics to all of the relevant circumstances of the case.

With their training and experience, they can help the jury connect the dots to reach the right conclusion based on the evidence. An accident reconstructionist is an expert witness, so it’s essential to work with your attorney on how to present this type of evidence.

Although this type of evidence can be immensely helpful to your case, the location of vehicle damage is only one piece of the puzzle in a car accident case. Evidence of the location of the damage can help you build your case and determine how the crash occurred. These considerations are crucial for reaching a favorable outcome in your case, should the fact support it.

Experienced Las Vegas car accident attorneys can help you build on the evidence and prepare your case in the best possible light. It’s essential to work with a lawyer after a car crash, no matter how minor, to ensure your rights are protected, and you have the support you need to make a full recovery.