Being involved in a rear end collision automobile accident can not only cause a great deal property damage, but also injure you severely. Rear end crashes out on the roads are also by far the most commonly occurring auto accident and cause of injury.
If you are injured in a rear end car accident, then per rear end collision laws in Nevada, you can be eligible for compensation for damages caused to you. Your medical bills and property damage will be covered, as well as other possible damages.
However, if you don’t immediately hire an experienced personal injury lawyer, your settlement may not even be able to cover the total of your medical bills alone. Also, after a rear end collision, it may be difficult to know just who was liable for the crash, or if there are multiple people that have some liability, it becomes even more confusing.
How to Determine Who is at Fault
- Front Driver.
It’s a common misconception that it is always the rear driver at fault in a Nevada rear end collision. It a lot of instances it can in fact be the front driver who is responsible for the crash. Also, there are situations where both the rear and front driver are both partially at fault. The precise amount of fault/liability is generally determined, and argued over, during litigation.
Some examples of how a front driver can be held at fault for a rear end collision are generally things like failing to signal, hitting the brakes instead of gas on accident, accidently putting the car into reverse instead of drive and having broken tail and brake lights. Also, if your vehicle stalls or breaks down on the road, you must put on your hazard lights and get your vehicle safely off the road in a timely manner, or you can be responsible for a rear end collision.
- Rear Driver.
Even with all the above situations, it is most often the rear driver that is going to be at fault. Rear end collision laws on Nevada certainly do not state that just because you are the rear driver, you are liable, however. The reason the rear driver is at fault so often is because tailgating is such a common occurrence out on Nevada roads. Tailgating is the act of following the lead car too closely and is a violation of NRS 484B.127.
Other common occurrences of when a rear driver will be liable for the rear end crash are speeding, distracted driving like texting or talking on a phone, road rage and being under the influence of alcohol or substances.
Instances of When a Third Party Could Be at Fault
There are rare situations where both the rear and front driver are not at fault for a rear end crash. Or both parties can share a portion of the blame, with a third party being somewhat liable as well. These third parties don’t even have to be present at the time of the crash and can be called into court as a defendant in a personal injury lawsuit.
Third parties can be held responsible in instances like manufacturer defects of the vehicle and failure to recall vehicles due to defects. Other instances where third parties can be held liable is if the roads traveled on were poorly maintained. In this situation it could be the county itself that is responsible, or partially responsible.
If the car crash involves multiple vehicles establishing liability becomes very confusing. If it were just one driver that caused the entire pile up, they will for sure hold liability, however, is a rear end crash occurred due to a pile up, and the behind driver was tailgating, then both of those parties will share some blame.
Chances are that if you have been injured in a rear end collision, the rear end collision laws in Nevada can be confusing to understand. This is why you should hire and experienced injury lawyer to represent you. Here at Justice Law Center, we have been helping Nevada residents get the compensation that is right and fair for over 23 years. We offer free initial consultations and only take our fees out of the money that we win for you.
Call us today and we will help your family recover from the rear end crash.
Josh is writer and paralegal, with over 10 years of experience in family law, personal injury, criminal defense and more.