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.