Being in a car accident is a frightening experience, but it can be even more frustrating when the collision is a rear-end accident that was the fault of the other driver’s negligence. While not all rear-end collisions are the fault of the driver in the rear, many of these car accidents are because the person driving behind you was not paying attention. Distracted driving, in these cases, can mean that the other person is at fault and should be held responsible for the damages they’ve caused.
Rear-end collisions are usually not too severe, and both drivers will likely walk away without obvious serious injuries. However, even these mild collisions can result in painful injuries such as whiplash that take a long time to heal. Neck and back injuries from a rear-end collision can leave the victim in so much pain that it prevents them from working or enjoying life. In these cases, you may be able to collect compensation not only for medical expenses but also for lost wages and loss of enjoyment of life.
If you or a loved one is suffering because of injuries sustained in a rear-end collision, you should speak to a rear-end accident attorney like those at Benjamin Durham Law Firm. We have helped many clients recover compensation for their injuries following a rear-end accident, and our experience will help us get fast, positive results in your case. We will listen compassionately to the details of your accident and ensure all of our actions align with your goals in your car accident claim. Please call us today to schedule a free consultation at (702) 793-2326.
Who is At Fault in a Rear-End Collision in Nevada?
Car accident victims often wonder who was the at-fault party in their crash. In rear-end car accidents, most people believe the person driving behind is always at fault. The rear driver is typically held liable when they were tailgating and didn’t leave enough space to brake in time when the lead driver stopped. While this is true in many cases, there are some scenarios where the person in front has some or even most of the fault.
The lead driver may be held liable for a rear-end collision in Nevada if:
- Their brake lights were not working
- Their brakes failed to work properly
- They changed lanes suddenly without signaling
- They stopped in a busy lane of traffic without good reason
- They reversed at an inappropriate time and without warning
- Their car stalled, and they did not move it off the road in a timely manner
Knowing who is responsible for a rear-end collision in Nevada is important for your personal injury claim because Nevada is a modified comparative negligence state. This means that each driver can share some portion of responsibility for the accident, and your damages will be based on the percentage you were liable for the crash. For example, if the court awards $10,000 in damages but holds you 10% liable for the accident because your brake lights were out, you could only collect $9,000 because 10% of the damages will be subtracted.
For help establishing liability in rear-end collisions, please contact our talented legal team. We will work with you to uncover all the details related to your accident, including how it happened and why. We will make sure you collect all the damages you are owed by proving the crash was because of the other driver’s negligence.
What Injuries are Common in Rear-End Accidents?
Rear-end accidents aren’t known for causing life-threatening injuries, but the damage done in a rear-end collision can create substantial pain that can affect your life for years to come. See below for some common injuries in rear-end accidents in Nevada.
One well-known consequence of a rear-end accident is a whiplash injury. When another car slams into your vehicle from behind, it pushes your body forward briefly before slamming you back against your seat. These intense forwards and backward motions cause the neck to be strained beyond what it can tolerate, damaging the soft tissue, neck, and shoulders.
Whiplash may go undetected at first but usually shows up within a few days of the crash. You may feel symptoms such as severe headaches and an inability to move your neck. If you are suffering from whiplash, please speak with your doctor about possible treatments. They may recommend rest, hot or cold compacts on the area of injury, and OTC or prescription pain medications.
Neck injuries can be extremely painful and may take weeks to heal. Contact us right away for help recovering compensation for your whiplash and shoulder injuries.
Back injuries can come in many forms and result from the same motion that causes whiplash. However, injuries to the back can have several different forms.
Some common back injuries from rear-end accidents are:
- Bulging or herniated discs
- Protruding discs
Back injuries can also cause excruciating pain and may require a very long recovery time. These injuries could keep you from working like usual and may prevent you from enjoying everyday activities that you love. Many back injuries require expensive, painful surgery to recover. You should see your doctor right away if you have severe back pain after a rear-end car accident. When you have gotten the medical treatment you need, contact a Las Vegas personal injury attorney for help recovering damages for medical expenses, lost income, and pain and suffering.
Traumatic brain injury (TBI)
Finally, another serious injury that can develop from a rear-end car accident is an injury to the brain or TBI. A concussion can occur in this type of car accident because of the sudden movement of the head that causes the brain to slam into the skull repeatedly. The victim’s head may also have bounced into a part of the car, such as the door or window.
People who have a TBI may not see immediate symptoms. Some things to watch for are dizziness, vomiting, headaches, dilated pupils, increased sleepiness, and seizures. If you or a loved one could have a TBI from a rear-end accident, please see a doctor immediately. Quick treatment can prevent lasting damage from occurring when it comes to brain injuries.
What Should I Do if I Was in a Rear-End Collision in Las Vegas?
There are certain steps you must take after experiencing a rear-end collision:
- Stay at the scene of the accident to exchange information with other drivers.
- Contact law enforcement to report the crash. Having a police report is an essential piece of evidence when bringing a rear-end accident claim.
- Take pictures of the accident scene and speak with eyewitnesses, if possible, collecting their contact information.
- Get medical attention immediately, even if you don’t think you are severely injured.
- As soon as you are able, contact a trusted legal representative for counsel on how to proceed with collecting compensation for your injuries.
- Document all expenses incurred because of the accident, including hospital bills, ambulance charges, physical therapy, lost wages, and any other costs.
How Much Compensation Can I Recover from a Rear-End Collision?
Accident victims often wonder how much they can expect to collect when rear-ended. While your maximum compensation may differ from those in other accidents, you can usually expect to collect economic and non-economic damages following your auto accident. This means that your expenses should be covered, and you should be compensated for items that are more difficult to document, such as pain and suffering.
The following are some economic damages that your car accident claim should cover:
- Medical expenses
- Lost income
- Reduced income-earning ability
- Physical therapy
Some non-economic damages that you may recover in your claim are:
- Past and future pain and suffering
- Loss of enjoyment of life
- Emotional distress
One crucial aspect to understand about your Nevada rear-end collision claim is that you will only receive the portion of damages according to the liability you share in the accident. This is because Nevada operates under a shared-fault system, meaning both drivers may share some responsibility for the crash. For example, if the driver behind you was tailgating, but you were also texting while driving, you may both share some of the faults. Assuming the court finds you have 30% of the liability for the accident, you would collect only the remaining 70% of the damages owed to you. Note that the person with more than half of the fault may not receive any damages.
For help getting the most out of your claim, you need rear-end accident attorneys who will fight aggressively for your rights. At Benjamin Durham Law Firm, we promise to dedicate our knowledge, expertise, and energy to getting you the maximum compensation in your case.
Can Our Rear-End Collisions Lawyers Help You?
After a rear-end accident in Nevada, you may wonder what options you have for seeking compensation. Even if you were the rear driver, you might still be able to seek damages if the lead driver acted recklessly, which caused the accident. A skilled rear-end accident attorney can help determine who was at fault, allowing you to recover money to help pay for medical bills, lost income, and other expenses that arise because of your injuries.
Benjamin Durham Law Firm has helped countless clients recover damages in many different kinds of car accident cases. We are prepared to help you in your rear-end accident case as well. Our thorough understanding of Nevada law allows us to be an excellent resource throughout your legal proceedings. We will listen carefully to your story and offer guidance along the way.
You don’t need to feel alone during this difficult time. Let us handle the technical legal aspects of recovering damages to lighten the financial burden on your shoulders so you can focus on resting and recovering. We are waiting to speak with you about how we can help, so call (702) 793-2326 today and make an appointment to go over the details of your rear-end car accident with us.