Can You Go to Jail for a Fatal Car Accident?

You could go to jail for a fatal car accident. Nevada statute  484B.657 makes vehicular manslaughter a misdemeanor offense–if the driver proximately causes the death of another person through negligence or an act of omission. However, not all accidents are caused by negligence. The highway might have been dangerous due to inclement weather, such as a blizzard or torrential downpour, causing a motorist to lose control, or there might have been a vehicle malfunction, e.g., the brakes failed.

If you lost a loved one in a car accident, contact us at Valiente Mott for a free consultation. Your choice of a personal injury lawyer is an important one. Put your trust in our team of skilled attorneys for aggressive, client-focused advocacy that gets results.

What is Vehicular Manslaughter in Nevada?

 

A driver who causes the death of another person due to negligence could be found guilty of vehicular manslaughter. This criminal charge is typically reserved for cases where a person caused a fatal accident due to their reckless or dangerous actions. They are often arrested on these charges. For example, a fatality that occurs in an accident caused by a drunk driver could be considered vehicular manslaughter.

What happens in a hit-and-run accident?

State law requires that motorists remain at the scene of an accident when a fatality or serious bodily injury is involved. The failure to do this is a violation of state hit-and-run laws. Leaving the scene of a fatal accident is treated as a felony, and the perpetrator could spend up to two years in prison.

What is a Civil lawsuit?

Not every fatal accident will result in criminal charges. In many situations, the negligent person’s actions will not rise to the level of a felony. However, they may face additional consequences. For example, surviving relatives of the victim have the right to file a wrongful death lawsuit against the at-fault party. While this legal action will not result in the negligent party going to jail, it could result in a monetary judgment against them.

These cases are often complex, which makes the guidance of a skilled Las Vegas car accident attorney essential. Let our team advise you of your rights.

Contact us at Valiente Mott for a free consultation

If you lost a loved one in a fatal accident, you could be entitled to a monetary award. In some situations, a civil lawsuit is the only avenue for justice. If the responsible driver is not charged with a crime, you still have an opportunity to pursue a wrongful death claim. Reach out to Valiente Mott to learn more during a free consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. We look forward to hearing from you.

If You Rear-End Someone, Is It Always Your Fault?

The basic presumption when you rear-end someone is that you are at fault. However, this is a presumption and not an incontestable fact. Evidence in a rear-end collision might show that the driver you rear-ended or a third party ultimately caused the crash. Proving fault in a Nevada rear-end collision is crucial because of the state’s modified comparative negligence laws. These laws would preclude accident victims from recovering damages if they were more than 50% responsible.

Rather than accept the presumption of fault as a given, our Las Vegas car accident lawyers at Valiente Mott always investigate all the facts and evidence to verify which party was at-fault for causing a rear-end collision.

Under what circumstances might you not be at fault for rear-ending another car?

A lead driver may be at least partially at fault in a rear-end car accident if, for example:

  • That driver started to pull out into a roadway but then backed up.
  • The driver was operating their vehicle erratically, with sudden lane changes and without signaling their intentions.
  • The driver slammed on their brakes to do a “brake check.”
  • The lead driver’s taillights were not working.

In other situations, a third party may bear some liability for a rear-end accident. This might occur, for example, when a pedestrian negligently runs into a roadway, and a driver rear-ends another vehicle because they were trying to avoid hitting the pedestrian.

Who is responsible for damages in a chain reaction series of rear-end collisions?

 

Fault in a Nevada multi-vehicle accident is often apportioned among all parties—based on available evidence. An experienced Las Vegas car accident attorney will thoroughly investigate all aspects of a multi-car accident to assess relative fault. For example, a mechanic might have negligently repaired a vehicle’s brakes, causing them to fail when a driver attempted to stop. It’s important to remember that each rear-end car accident has its own unique fact patterns.

Why is it important to establish fault in a Nevada rear-end car accident?

Under Nevada’s modified comparative negligence laws, an accident victim will be barred from recovering compensation if the facts show that they were more than 50% at fault. If you rear-end another car, but the driver of that car was more at fault than you were, they will not be able to recover damages from you. A skilled lawyer can help you recover the damages you deserve and protect you from unfounded claims from other more negligent drivers.

The Las Vegas Car Accident Attorneys at Valiente Mott Can Protect Your Interests

 

Regardless of what you might have heard, fault is not automatic in any accident but is determined by the facts in each case. At Valiente Mott, we represent drivers in Nevada car accident lawsuits. We make it our first order of business to thoroughly analyze each case and assess where fault and liability lie.

If you have experienced losses and injuries in a Nevada rear-end auto accident, please call our offices for a complimentary consultation. If the facts of your case warrant it, we will fight to recover the full compensation you deserve from all at-fault parties. We will protect you from drivers who seek to hold you automatically liable for their damages. Se Habla Español.

What Happens if You Total a Leased Car?

If you total a leased car, your contract will require you to continue to make payments, even if it is undrivable or totaled after an accident. Your auto insurance may pay off at least a portion of the remaining balance of the lease payments. However, if you do not carry guaranteed asset protection (i.e., GAP) insurance, you will be liable for the difference between the balance you owe and the amount your insurer pays.

Nevada is an at-fault state, and if a negligent driver caused the accident that totaled your leased car, you would have to file a lawsuit against them to recover damages to cover that difference. The Las Vegas car accident lawyers at Valiente Mott represent drivers in car accident lawsuits to recover damages that will reimburse these and other costs and expenses.

How do insurance companies determine that a leased car has been totaled?

If the cost of repairing a leased vehicle exceeds its book value, an insurer will likely determine that the car is a write-off. In most cases, the insurer pays the leasing company an amount based on the car’s book value before the accident, takes the title to the car, and sells it at a salvage auction. The leasing company will then issue a bill for the difference between the amount the insurer paid and the balance of the lease payments.

When is an at-fault driver responsible for paying your excess costs and expenses?

Nevada is a modified comparative negligence state, meaning you can sue a negligent driver if you were not more than 50% responsible for causing the accident. If there is any possibility that the at-fault driver will argue that you are also liable, retain a  Las Vegas Car accident attorney to protect your interests and to fight back against claims that your negligence contributed to the accident.

What should you do after you are involved in an accident with your leased car?

As you would after any car accident, when you crash a leased car, you should:

  • Get prompt medical treatment for all injuries
  • File an accident report with the police or sheriff in the jurisdiction where the accident happened
  • Exchange insurance and contact information with all other parties involved in the accident
  • If possible, get contact information from any third-party eyewitnesses to the accident
  • Take photographs and collect additional evidence about the accident (e.g., when, where, and how it happened, weather and traffic conditions, etc.)
  • Report the accident to your insurance company

In addition, you should also contact your leasing company, verify the company’s requirements for damage estimates and repairs, and determine what steps the company takes if the car is totaled. If you need help with any of these tasks, an experienced car accident lawyer is your best resource.

Call The Las Vegas Car Accident Attorneys at Valiente Mott

 

A car accident with a leased vehicle adds a layer of complication. You will need to interact with the leasing company, other drivers, and their insurance companies. If your leased car is totaled, the resolution becomes even more complicated.

Our team at Valiente Mott can help you sort through the complexities and reduce your exposure to excess costs and expenses you might owe to your leasing company. Call us for a free consultation and for answers to other questions about resolving matters. We work on a contingency basis, so there are no upfront legal fees. Se Habla Español.

Can I File a Claim Without a Police Report?

You can file a claim without a police report in Las Vegas, Nevada. However, without it, you could be at a disadvantage when filing a claim. Our Las Vegas car accident lawyers from Valiente Mott know it is a valuable resource for investigating your accident and negotiating with the insurance company for a favorable settlement. Further, while insurers don’t require a police report, you may be required to file one under Nevada law. Unsure of what to do without a police report after an accident? Contact us at Valiente Mott for a free consultation. We’re happy to answer your questions and assess your case.

What Does a Police Report Contain?

A police report contains your statement of how the accident occurred. Your attorney can use that statement to show that later statements are likely consistent and reliable. Police reports also preserve vital information in a central place. They provide a starting point for an investigation and will usually include the following:

  • Names of parties
  • Accident witnesses
  • How the accident happened
  • Where the accident happened
  • Vehicle makes and models
  • Insurance companies involved

What Happens if the Police Don’t Show Up?

If police are called to an accident scene, they will file a report. You can obtain it from the Las Vegas Police or the Nevada Highway Patrol. If you are in an accident involving an injury, death, or damage to a vehicle, and police are not at the scene, you must file it yourself. You have several options, which include filing it online, in person, or on the phone.

You must provide your driver’s license information, insurance coverage, a description of the crash, and an estimate of damages. The form is called an SR-1, Report of Traffic Accident. The reporting obligation also applies if you damage a parked or unattended vehicle.

How Valiente Mott Can Help

A car accident is overwhelming. It helps to have an experienced Las Vegas car accident attorney advocating for your rights. At Valiente Mott, we will thoroughly investigate the accident and gather crucial evidence such as witness testimony, video, and medical reports. In addition, we will negotiate and communicate with insurers, especially if they are trying to deny or minimize your claim and pursue the largest possible settlement the law allows.

Contact Us for a Free Consultation at Valiente Mott

A car accident lawyer from our firm is ready to help you maximize your recovery even if you don’t have a police report. Contact us for a free consultation, and we will be happy to review your case and determine if you have a viable personal injury claim. In addition, because we work on a contingency basis, there are no upfront fees. Se Habla Español.

Is Nevada a Comparative Negligence State?

Nevada is a modified comparative negligence jurisdiction. The statute allows an injured accident victim to recover damages if they are not more than 50% at fault. It also includes exceptions for matters such as strict liability and intentional torts. However, Nevada’s modified comparative negligence standards will apply in most cases and inevitably play a role in an accident victim’s ability to recover damages.

Because of this, when you seek to recover damages after an accident, hire a lawyer with the skill and experience to thoroughly investigate your case and defend against any suggestion that you were partially at fault. Our Las Vegas personal injury lawyers at Valiente Mott have the expertise to use the facts in your negligence and injury case to reduce or eliminate these potential comparative negligence defenses.

How can a comparative negligence defense affect your personal injury lawsuit?

The Nevada comparative negligence defense is best understood with a few common examples:

  • In a car accident lawsuit where a negligent driver failed to yield at an intersection and turned left in front of you, that driver might argue that you were looking at your mobile phone and could have avoided the accident if you had braked sooner.
  • In a slip-and-fall lawsuit, a property owner might argue that you were wearing footwear that was not appropriate for the obvious conditions that you faced while walking across their property.
  • When a pedestrian is struck by a car, the driver might blame a pedestrian who entered a roadway away from a crosswalk or against a prevailing traffic signal.

As these examples demonstrate, the specific facts in each personal injury lawsuit are critical in determining whether the injured party bears a level of fault for an accident.

Who determines the parties’ relative fault in a Nevada personal injury lawsuit?

If a personal injury lawsuit goes to trial, the jury will determine each party’s respective fault for causing an accident. This will be based on the facts that the lawyers present at that trial. The trial judge will issue instructions that guide the jurors to establish relative fault. A savvy Las Vegas personal injury attorney will monitor all aspects of the trial evidence and the jury instructions to present the strongest case to assign the majority or all of the fault to the defendant.

What happens if more than two parties were involved in the accident?

 

In multi-party Nevada accidents, a jury will apportion fault to each party, who will be liable for damages up to the percentage of fault assigned to them. Injured multi-party accident victims should contact a Nevada personal injury lawyer as soon as possible to protect their right and opportunity to collect the largest available damages award from each negligent party.

Valiente Mott will fight to recover the largest damages award

Nevada’s comparative negligence laws incentivize negligent defendants to shift the fault for an accident onto an injured victim. Our team at Valiente Mott fights aggressively to shield their clients from comparative negligence defenses and to recover maximum damages under the facts of their cases. Please call us for a complimentary consultation about how we can rebut comparative negligence arguments and help you in your Nevada accident and negligence case.

Six Tips for Driving in Las Vegas

Las Vegas is one of the most popular destinations for tourists who enjoy the casinos, the nightlife, the food, and the entertainment. However, a new study ranks it as the 22nd most congested city in the U.S. At Valiente Mott, our Las Vegas car accident lawyers understand how accidents can arise from a lack of familiarity with local and state rules. If you’ve been harmed by a negligent driver on the streets of Las Vegas, contact us for a free consultation.

Six tips for safe driving in Las Vegas.

Many visitors are here to see the Strip, especially the casinos. The good news is that there are many alternatives to driving; the bus, monorail, or using free shuttles. However, if you want to explore beyond the Strip, here are 6 tips to keep you safe while you’re out and about exploring Las Vegas.

 

Don’t break local speed limits.

In the city, the speed limit is 25 to 35 miles per hour. Outside city limits, you may drive 65 to 70 miles per hour in Nevada.

Don’t drink and drive.

DUI infractions are taken seriously in Las Vegas and throughout Nevada by state and local police. Remember, .08 is the legal blood alcohol level (BAC) in Nevada.

Be careful during rush hour

Rush hour isn’t 24/7, as some people claim, however, the roads are especially congested during the week from 7-9 am and 4-6 pm and the weekends after 4 pm.

You may turn right on red in Las Vegas

You can turn right by coming to a full stop and yielding to pedestrians and oncoming traffic—as long as a traffic sign doesn’t prohibit it.

You may make a U-Turn in Las Vegas

You can make a U-turn in Las Vegas. However, they are prohibited on specific roadways or in certain areas, such as divided highways and school zones.

Don’t leave Las Vegas without a full gas tank.

Approximately 26 percent of tourists who come to Las Vegas are from Southern California. Try not to let the gas level fall below one-quarter of a tank. There are a couple of sections on the I-15 without gas for more than 30 miles.

What Happens If I’m In An Accident in Las Vegas?

Contact Valiente Mott for a free consultation. A Las Vegas car accident attorney will be happy to assess your case to see if you have a viable claim.

We can begin Interviewing witnesses, collecting evidence, overseeing crash scene investigations

and hiring expert witnesses and accident reconstructionists, and more. We are ready to help you maximize your recovery. Since we work on a contingency basis, there are no upfront legal fees.

We look forward to hearing from you.