Rear-End Car Accident Lawyer in Las Vegas

Rear-end collisions can result in severe medical injuries and significant property damage. According to industry experts, it’s estimated that nearly 2.5 million rear-end collisions happen yearly in the U.S., making up roughly 28% of all motor vehicle crashes.

Additionally, a recent study by the National Highway Traffic Safety Administration details that 88% of vehicles studied in a sample of rear-end crashes resulted from conflict with lead vehicles. This includes tailgating, sudden breaking by the lead vehicle, and overall road rage incidents.

If you’ve been the victim of a rear-end collision in Nevada, you have rights and options you can tap into. In addition to seeking a claim with the insurance companies, you may be able to pursue legal action via an auto accident lawsuit. 

Rear-end accidents in Las Vegas, Nevada – Assigning fault and filing a lawsuit

Like a majority of states, Nevada is an at-fault state. The state’s at-fault auto laws recognize that the party that causes an auto accident to happen is responsible for the property damage and medical expenses the other motorist experiences. 

In rear-end collisions, it is typically the driver who rear-ends the leading vehicle that is at fault. However, this is not always the case, as liability can be assigned to other parties as well. 

What to do if you are involved in a rear-end accident

Knowing what to do after being involved in a rear-end auto accident in Las Vegas, Nevada, ensures you get the medical treatment you need and the ability to recover the compensation you’re entitled to. 

You should always do the following after an auto accident:

Contact authorities

Contact the local police and report the auto accident immediately after it happens. Once the police arrive, they will begin a police report. This report will detail who was involved in the accident, the circumstances of the accident, and any pertinent evidence like witness statements, skid marks, and surveillance footage. 

Take photos

The responding police officer may or may not take photographs of the scene. Either way, you should always take photographs of your own. These photographs can serve you when you start the claims process, and in the event you take legal action against the at-fault driver. 

Take notes

In addition to taking photographs, note what happened during the accident. Your notes can include who was traveling in which direction, how the accident occurred, and any other pertinent information to help you during the claims process. 

Get witnesses information

Witness information can be critical in helping you build a solid case. If you can, take down the names and information of witnesses at the scene. Use technology like your smartphone to take down an audio recording of their statement if they allow you. If not, write down anything they say.

Seek medical attention

Whether or not you’ve been injured, seeking medical treatment immediately after a car accident is imperative, especially if it was a significant accident. Often, injuries might not be visible due to the immediate shock and adrenaline rush following an accident. You might not begin to feel pain or notice injury hours or even days after the incident. Always seek medical attention at the accident scene so a medical professional can rule out any serious issues. 

What damages can be recovered in a rear-end collision?

When pursuing a rear-end collision accident lawsuit, you may be able to recover compensation in the form of economic and non-economic damages. Economic damages are designed to compensate you for any losses you’ve sustained because of the accident. These damages are typically easy to calculate and include things such as property loss, medical bills, and loss of income. 

Economic damages are designed to compensate you for the pain and suffering you’ve sustained following an accident. These damages are harder to calculate, and Nevada law caps non-economic damages in certain circumstances starting at $300,000. 

Property damage

The damage sustained to your vehicle is one type of economic damage you can recover. If your vehicle is totaled, you may be entitled to receive the full market value of your vehicle. If your vehicle is not totaled but suffered damages, you can seek out payment for repairs, including:

• Alignment problems
• Engine and transmission damage
• Suspension system problems
• Electrical damage

Medical expenses

Another significant type of economic damage you can recover is your medical expenses. Following an accident, your medical expenses and treatment costs can quickly rack up. An auto accident lawsuit can help you recover these costs. 

Common rear-end car accident injuries victims are treated for include but are not limited to the following: 

• Whiplash
• Traumatic brain injury
• Face and eye injuries
• Back and spinal injuries
• Fractures
• Neck and shoulder injuries
• Amputations
• Burns

Pain and suffering

Pain and suffering are one of the more common types of non-economic damage a victim can seek. Compensation for pain and suffering is designed to help alleviate the physical and mental pain you have had to endure because of an accident. 

Putting a monetary amount on pain and suffering is impossible. However, Nevada courts follow a formula to calculate pain and suffering damages. A combination of the circumstances of the accident, the pain endured, the impact on your life, medical records, and physician statements will all be used when calculating your pain and suffering. 

Emotional pain and trauma

The emotional pain, mental anguish, and trauma you’ve experienced are also considered when determining non-economic damages. This type of trauma can result from the incident itself or from injuries such as scarring, burns, disfigurement, anxiety, and other mental health issues that arise following the accident. 

How do I file a lawsuit if I was injured in a rear-end accident?

An automobile accident falls under the umbrella of a personal injury lawsuit. When filing a personal injury claim, four elements need to be present. They include: 

• The person who caused the auto accident owed the plaintiff a duty of care
• The defendant breached that duty of care
• An individual sustained injuries, financial loss, and other damages in the auto accident
• A driver’s breach of duty caused you to suffer injuries and other damages

In addition to proving these four elements, you must be able to show that a defendant acted negligently. Negligence can include behavior that a reasonable individual would not display or the failure to act as a reasonable individual would. Negligence can result from both intentional and reckless behavior. 

What is the statute of limitations for rear-end collisions in Nevada?

Injuries sustained following a car accident fall under personal injury claims. Nevada law allows personal injury claimants two years to bring forward a personal injury lawsuit. If you do not file a claim within that window,  you may lose the opportunity to recover compensation following your accident. 

Despite the statute of limitations, bringing a claim as quickly as possible is essential if you’ve been involved in a rear-end auto accident in Las Vegas. Doing so allows you to gather critical evidence for your case. Additionally, the sooner you bring forward a claim, the quicker you’ll be able to recover compensation for things like property damage and medical bills. 

What are the typical settlement amounts?

According to Forbes Advisor, typical settlement amounts averaged $26,700 back in 2018. However, because each rear-end accident is unique, and victims can suffer a rain of injuries, including minor bruising and property damage to more severe permanent injury, settlement amounts can vary from case to case.

It can help to understand that when pursuing a rear-end accident lawsuit, Nevada state allows plaintiffs to recover all economic damages. Although non-economic damages are capped, a plaintiff can legally recover all costs associated with property damage, medical expenses, and other calculable losses.

How can hiring an attorney help me win my case?

When you work with an experienced collision accident attorney, you’ll have an expert on your side who is well-versed in Nevada law and auto accident claims. An experienced attorney can help you navigate your claim to recover the compensation you’re entitled to. In addition to negotiating with insurance companies, an experienced lawyer will go after all liable parties in your case.