Car Accident Frequently Asked Questions

Car Accident Frequently Asked Questions

Car accidents are often overwhelming, especially when injuries or property damage are involved. Understanding what steps to take and knowing your rights can make a significant difference in safeguarding a potential claim.

If you have specific concerns about your case, contact an experienced car accident lawyer in Las Vegas at the Ladah law firm for legal guidance.

Call (702) 252-0055 or contact us online to schedule a free consultation.

In this article, we explore some of the most frequently asked questions about car accidents in Las Vegas.

What Should I Do After a Car Accident in Las Vegas?

If you’re involved in a car accident in Las Vegas, taking the proper steps can help protect your health and any potential claims:

  1. Stop and Report the Accident: Nevada law requires that you remain at the scene and report any accident involving injuries, fatalities, or significant property damage.
  2. Check for Injuries and Seek Medical Attention: Call 911 for emergency medical assistance. Even if injuries seem minor, see a doctor soon to rule out hidden trauma like concussions or whiplash.
  3. Exchange Information: Share names, insurance details, and contact information with other drivers involved in the accident.
  4. Document the Scene: If possible, Take photos of vehicle damage, road conditions, and any relevant details.
  5. Collect Witness Information: Get contact details from any bystanders who saw the accident.
  6. Notify Your Insurance Company: Report the accident to your insurance provider promptly, providing only necessary details without admitting fault.
  7. Contact a Car Accident Attorney: The sooner you contact an attorney, the better. An experienced Las Vegas attorney will help handle the legal process, provide guidance regarding next steps, and ensure you receive the compensation you deserve.

Do I Need to File a Police Report in Las Vegas, Nevada?

Yes, filing a police report is essential in many cases after a car accident in Las Vegas, Nevada. According to Nevada law, you must report any accident that involves injuries, fatalities, or property damage exceeding $750. This ensures an official record of the accident, which can be crucial if you must file an insurance claim or pursue compensation for damages.

To file a report, call 911 and request law enforcement to the scene. Nevada Highway Patrol will likely respond to accidents on the I-15, I-215, and other major highways, while Las Vegas Metropolitan Police Department (LVMPD) will respond to accidents on surface streets.

They will document the details, including statements from everyone involved and any available witnesses. The police report typically contains critical information like time, location, and initial fault determinations.

If officers cannot respond, you may need to complete an “SR-1” form through the Nevada Department of Motor Vehicles (DMV). Failing to report can lead to legal issues and may weaken your case with insurance providers, who often rely on official documentation to assess fault and damages.

Should I Go to the Doctor If I Feel Fine?

Yes, seeing a doctor is wise, even if you feel fine after a car accident. Some injuries, like whiplash, concussions, or soft tissue damage, may not show symptoms right away but can develop over hours or even days. A medical evaluation helps ensure any hidden injuries are diagnosed and treated promptly.

From a legal standpoint, visiting a doctor establishes an official medical record, linking any injuries directly to the accident. If you delay treatment, insurance companies might argue that your injuries aren’t related to the accident or aren’t as serious as claimed, which could weaken any compensation claim you may file.

Seeing a doctor after an accident also helps with your overall recovery. Early detection allows for faster treatment, reducing the risk of complications. Even if you feel fine, a thorough checkup is a precaution that benefits both your health and any potential legal claims.

How Can I Prove I Was Not At Fault?

Gathering solid evidence is critical to proving you weren’t at fault in a car accident. Start by collecting photos of the accident scene, including damage to all vehicles, road conditions, skid marks, traffic signs, and visible injuries. Photos provide a snapshot of the aftermath and can support your version of events.

Next, witness statements are valuable in supporting your claim. If possible, obtain contact information for any bystanders who saw the accident. Their unbiased accounts can clarify the sequence of events and confirm your actions leading up to the accident.

The police report is another crucial piece of evidence. It often includes the officer’s observations and a preliminary assessment of fault based on statements and physical evidence. Additionally, your memory of the incident and any dashcam footage can offer further support if available.

Together, these pieces of evidence create a clearer picture of what happened, helping to establish that you weren’t at fault in the accident.

Can I Still Recover Damages If I Was Partially at Fault?

Thanks to the state’s modified comparative negligence rule, you can still recover damages in Nevada even if you were partially at fault for a car accident. This rule allows you to seek compensation if you are found to be less than 50% at fault for the accident. However, your compensation will be reduced based on your percentage of fault.

For example, if you are determined to be 20% responsible for the accident and your total damages amount to $10,000, your recovery would be reduced by 20%, allowing you to claim $8,000. It’s essential to provide as much evidence as possible to prevent the insurance company or other party from assigning you a higher percentage of fault than necessary.

Understanding how Nevada’s fault rules impact your claim is essential when pursuing compensation, as every percentage point can affect the final settlement amount you’re entitled to.

How Long Do I Have to File a Car Accident Claim?

Generally, the statute of limitation is two years from the car accident date to file a personal injury claim (NRS 11.190). This time limit applies to claims for injuries resulting from car accidents. If you fail to file within these two years, you will likely lose the right to pursue compensation for your injuries.

For property damage claims, such as damage to your vehicle, Nevada law provides a slightly longer statute of limitations—typically three years from the accident date. However, it’s important not to wait too long to start your claim. Evidence may fade, and witnesses can become more challenging to contact as time passes.

Acting sooner rather than later allows your legal team to gather the most robust evidence to support your case, improving your chances of a favorable outcome.

When Should I Hire a Car Accident Attorney?

It’s wise to consider hiring a car accident attorney anytime you’ve suffered an injury or significant property damage. While minor fender-benders may not require legal assistance, more severe accidents often benefit from professional support. You should especially consider hiring an attorney if:

  • You sustained types of injuries that required medical attention.
  • There is a dispute over who was at fault.
  • You face high medical bills or lost wages due to the accident.
  • The other driver’s insurance refuses to pay or offers a low settlement.
  • You’re unsure of the total value of your claim or feel pressured to settle quickly.

An experienced attorney can help gather evidence, handle negotiations with the insurance company, and protect your rights. Taking this step early in the process can ease stress, allowing you to focus on recovery while your attorney manages the legal aspects of your case.

Contact the Ladah Law Firm for a Free Consultation

If you have been involved in a car accident and have questions about your rights and potential compensation, please contact the Ladah law firm. Our experienced car accident attorneys in Las Vegas is dedicated to helping victims navigate the complexities of car accident claims.

Contact us today for a free consultation, and let us put our expertise to work for you to secure the justice you deserve.

Call (702) 252-0055 or contact us online to schedule a free consultation.

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