Traffic Accident and Liability Claims
Las Vegas, Nevada
Traffic accident lawsuits
Call us if you get injured in a traffic accident in Las Vegas or Nevada.
We can help you receive monetary compensation for your medical bills and other damages.
Consultations are free.
Traffic accident defined
A traffic accident is a collision or incident involving vehicles on the road. It occurs when two or more motor vehicles collide or when a vehicle hits a pedestrian, cyclist, or stationary object.
Why do traffic accidents happen?
A traffic accident can happen for various reasons, but in most cases, human error is involved. For example, the driver was distracted, speeding, driving under the influence of alcohol or drugs, or disregarded traffic laws.
Other reasons for a traffic accident include:
• Poor road conditions: Potholes, inadequate signage, lack of road maintenance, or construction zones can contribute to accidents.
• Weather conditions: Adverse weather conditions like rain, snow, fog, or ice can decrease visibility and affect road traction, increasing the risk of accidents.
• Mechanical failures: Defective vehicle parts, malfunctioning brakes, tire blowouts, or engine failures can lead to accidents.
Who is liable for the traffic accident?
Determining liability in a traffic accident depends on the specific circumstances.
In Nevada, the at-fault party is financially responsible for all damages. It includes medical bills (past, present, future), loss of income or earning capacity after the accident, property damages, and pain and suffering.
If you are partially at fault
Nevada accepts the comparative negligence law, which means that if you are less than 51% at fault for an accident, you are still entitled to the settlement. Most traffic accident claims are in this category.
7 things to do after a traffic accident
While each accident could be different, here are the 7 things to do after a traffic accident in Las Vegas or Nevada:
• Seek medical attention: If you or anyone involved in the accident sustained injuries, seek medical attention promptly. Document your injuries and keep a record of any medical treatments received.
• Ensure safety: Move to a safe location, turn on hazard lights, and, if needed, call emergency services for medical assistance.
• Gather information: Exchange contact, insurance, and vehicle details with the other parties involved in the accident. Also, collect contact information from any witnesses present at the scene.
• Document the accident: Take photos or videos of the accident scene, including vehicle damage, injuries, skid marks, and the surrounding environment. This documentation can be helpful for insurance claims and legal proceedings.
• Notify the authorities: Report the accident to the police, especially if there are injuries, significant property damage, or a liability dispute. They will create an accident report necessary for insurance claims and legal purposes.
• Notify your insurance company: Contact your insurance provider to report the accident and initiate the claims process. Provide them with accurate incident details.
• Consult an attorney: They can advise on your case, protect your rights, and guide you through the legal process.
Do all traffic accidents result in a lawsuit?
No, not every traffic accident results in a lawsuit. The majority of traffic accidents in Las Vegas or Nevada get resolved through insurance claims and settlements without the need for legal action.
If all parties involved in the accident agree on liability and the extent of damages, they may be able to negotiate a settlement without an attorney by submitting a claim directly to an insurance company.
When do I need an attorney for a traffic accident?
An attorney is usually needed when:
• There is a dispute over liability, or multiple parties are involved;
• The injuries are severe or result in long-term disability;
• The damages exceed the insurance policy limits;
• The insurance company denies your traffic accident claim or offers an insufficient settlement;
• The accident involves complex legal issues or requires expert analysis.
Usually, traffic accident liability claims involving trucks, self-driving cars, or ride-sharing vehicles require an attorney.
If you get in a traffic accident, who pays for medical bills?
In Las Vegas and Nevada, the insurance company for the at-fault party is responsible for paying the medical bills for injured victims. However, if the at-fault party lacks adequate insurance coverage or is underinsured, getting compensation for damages could be challenging.
Here are some options available:
• If you have purchased UM/UIM coverage as part of your auto insurance policy, it can help cover your medical expenses. UM/UIM coverage varies by policy, so reviewing your policy and consulting with an attorney to understand the coverage limits and requirements is essential.
• If you have personal health insurance, in some cases, it can cover your medical expenses resulting from the accident, regardless of fault.
How much compensation for anxiety after a traffic accident?
This question comes up a lot. Many people experience anxiety and fear of driving after a traffic accident and want to know if they can get financial compensation.
Usually, the pain and suffering of traffic accident settlement include compensation for anxiety, fear of driving, and PTSD.
Determining the dollar amount of compensation for anxiety depends on the severity of the anxiety and its impact on your daily life.
Also, the insurance policy limits of the at-fault party insurance play an important role. Simply put - the money must be available somewhere to compensate you for pain and suffering. If you need more information, give us a call.
How long should I wait for my traffic accident to settle?
Depending on the severity of the injuries and the amount the victim demands, it may take six months to two or three years. The cases when multiple victims or multiple vehicles are involved may take longer.
Can I re-open an old traffic accident case?
Yes. If you accepted a settlement without the aid of an attorney, then within 60 days of taking the check, the victim, or their attorney, can re-open the case. For more information or questions if your traffic accident case can be re-open, give us a call.
We can help
Our office handles hundreds of traffic accident liability claims every year.
We represent many clients injured in a traffic accident in Las Vegas or Nevada.
We work on a contingency basis, which means - if we cannot get your settlement money, we don't get paid, and you don't owe us anything.
Call us at 702-432-1000 for a free consultation and to speak with a traffic accident lawyer.
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Last updated on May 1, 2024.
