You may assume that anytime you hit another driver from behind that you are at fault for the collision. This is not necessarily the case. Depending on the situation, the lead driver may be partly or fully responsible for the resulting accident.
If you have been in an accident, it is important that you speak with a Las Vegas car accident lawyer at Cloward Trial Lawyers. With years of dedication to our clients, we can help you determine who is at fault for your car accident.
A rear-end collision occurs when a driver crashes into a front vehicle. Many times, the rear driver may be found negligent for a rear-end crash for the following reasons:
Nevada is a state that follows the modified comparative negligence rule. This means that if you are in an accident, you can recover damages as long as your percentage of fault is not greater than the other driver’s.
Let us examine a rear-end collision scenario. You are driving on a service road at dusk. The lead driver makes an erratic lane change, and you are not able to stop in time, colliding with their vehicle. You submit a claim for $5,000 to cover your medical expenses and $10,000 for the damage to your vehicle.
After the insurance company conducts its investigation, they find you to be 25% at fault for the accident. A witness at the accident scene, a pedestrian, testifies that you were using your high beams, causing an awful glare on the road.
In this scenario, damages awarded to you would be reduced by 25%. Instead of collecting the entire $5,000 on your medical costs claim, your award will be reduced by $1,250. Hence, insurance will only pay you $3,750 for your medical expenses.
Regarding your vehicle damage claim, your original $10,000 claim will be reduced by 25%, meaning that you will only collect $7,500.
Being partly at fault does not prevent you from recovering financially for your injuries. Rather, the claims adjuster must determine to what degree you caused the accident in order to compensate you fairly.
Whether you are the rear or lead driver in a rear-end collision, you need legal guidance. Cloward Trial Lawyers have experience helping people who have been in minor to serious collisions. Contact us today to schedule your consultation.
In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.
Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV
Explore Articles Related to Your Situation
Auto accidents are a top cause of accidental or unexpected death and injury in Nevada. In the last decade, the number of fatal crashes has risen in Nevada, and many more people suffer serious injuries in accidents... read more
Nevada's law requires that every driver carries a minimum amount of auto insurance coverage and properly registers their vehicles with the state. These requirements cost money, but they are critical to maintaining... read more
Being involved in an accident can be a stressful and confusing experience. In the midst of all the chaos, it's important to remember that you have rights. One of your most important rights is to exchange insurance... read more