Nevada is a comparative fault state which means that drivers can pursue claims for injuries and damages for the portion of the accident that they are not responsible for. While it is often presumed that the driver whose vehicle rear-ends another car is more than 51% at fault for the accident, this is not always the case. In fact, there are many instances where it is possible to pursue claims for injuries in these situations.
Multiple Vehicle Accidents
While the presumption of liability in Nevada states that the driver hitting the vehicle is responsible for the accident, that’s not always the case.Multiple vehicle collisions can cause head trauma, broken bones, whiplash, and severe injuries to the spinal column.
These “chain reaction” accidents often occur when the lead car stops suddenly causing following vehicles to collapse like an accordion into one another. For example, if the lead driver stops suddenly in the lane of a highway to avoid a collision with a jaywalker and following vehicles do not have sufficient time to react to the sudden stop even though they are traveling at the posted speed limit. In such an instance, the pedestrian may be liable for the ensuing accident and injuries.
Another instance where drivers can pursue compensation for injuries is against repair shops whose repairs to brake systems, tires, etc. create a hidden safety hazard that the driver is unaware exists. While the driver will still be responsible for driving a defective vehicle, a Las Vegas auto accident attorney can pursue a claim against the repair shop for the damages and injuries caused by their negligence.
Road Rage & Negligent Behavior
“Brake checking” and other aggressive driving behaviors can easily cause a rear-end accident. In instances where a driver is behaving in an aggressive manner that causes a rear-end accident, it is possible to pursue claims for the injuries they cause.
Another instance where the lead driver would be responsible for causing an accident would be for distracted driving and negligent actions such as rubbernecking. For example, if while distracted they shut the vehicle off, failed to notice an obstruction in the road and stopped suddenly, or flipped the car into reverse at a stoplight and backed into the vehicle behind them. These actions can place drivers and passengers in following cars at risk through no fault of their own and a Las Vegas auto accident attorney can pursue claims on this basis.