Nevada Car Accident Compensation: What Damages Can You Recover?
If you are one of the people unlucky enough to get caught up in the 55 car accidents that happen every day in Las Vegas, it’s important to know what compensation you can claim. Along with trying to recover physically and emotionally, you now have to navigate medical bills, lost wages, insurance claims, and more. It's easy to feel overwhelmed.
In this article, we’re going to look at what damages you can claim if Lady Luck fails to shine her light on you while you’re out on one of Nevada’s roads.
Nevada Car Accident Stats
Out of the 42,514 people killed in motor vehicle accidents in the US during 2022, 416 of them died in Nevada. Car occupants account for 28% of fatalities, large truck occupants 2%, motorcyclists 21%, pedestrians 20%, and bicyclists 4%. Alcohol was a factor in 142 car accident fatalities in Nevada, while 40% of fatally injured vehicle occupants were not restrained at the time. 70% of fatal accidents occurred in urban areas like La Vegas and Reno.
While car accidents are somewhat inevitable, especially in busy urban areas like Clark County, where 2.2 million people live, there are ways to avoid becoming a victim.
Common Causes of Car Accidents in Nevada
Like most states, driver error is the leading cause of car accidents in Nevada. Some of the top causes include:
- Distracted driving - Drivers who are texting, talking on the phone, eating, or otherwise not paying full attention. This leads to delayed reaction times and missing critical events on the road.
- Drunk driving - Driving while impaired by alcohol and/or drugs significantly increases the chance of an accident. Nevada has strict DUI laws to deter drunk driving.
- Speeding - Traveling over the posted speed limit reduces a driver's ability to react in time to avoid a collision. Speeding also increases the severity of crashes.
- Reckless driving - Unsafe lane changes, tailgating, illegal turns, and other reckless behaviors put everyone on the road in danger.
- Drowsy driving - Driving while fatigued can result in the driver nodding off and losing control of their vehicle. Drowsy driving is an under-reported cause of accidents.
- Weather conditions - Rain, snow, and high winds can make driving hazardous. Drivers need to slow down, turn on headlights, and increase following distance during inclement weather.
Is Nevada a Contributary Negligence State?
Nevada uses a comparative negligence system to determine financial liability in auto accident cases. This means if multiple parties share blame for an accident, each pays a percentage of the damages based on their share of fault.
For example, if the injured party is found 25% at fault and the other driver 75% at fault, the injured party can recover 75% of the damages from the primarily negligent driver. This contrasts with contributory negligence laws in some states where any fault by the plaintiff bars them from compensation.
What Damages Can I Claim For?
If you are injured in a car accident caused by another driver's negligence, Nevada law allows you to recover both economic and non-economic damages, including:
- Medical expenses - Any costs related to medical treatment, rehabilitation, prescriptions, assistive devices and in-home care required due to accident injuries.
- Lost wages - If injuries prevented you from working, you can claim lost income. Future lost earning capacity can also be claimed if disabilities will reduce your ability to work long-term.
- Property damage - Costs to repair or replace your vehicle or other damaged property.
- Pain and suffering - Compensation for any physical pain, discomfort, stress or mental anguish experienced due to the accident and injuries.
- Loss of enjoyment of life - Damages related to how injuries have deprived you from participating in activities and hobbies you previously enjoyed.
- Wrongful death - Families of accident victims who were killed can recover damages such as funeral costs, loss of companionship, lost future earnings the deceased could have provided, and more.
What is the Statute of Limitations on Car Accident Claims?
In Nevada, the statute of limitations to file a car accident injury lawsuit is 2 years from the day the accident happened. This means you forfeit your right to compensation if you do not take legal action within two years.
It is important to consult with an attorney shortly after an accident to understand your legal options and ensure your claim is filed on time. For accidents involving a government entity, notice of a claim must be provided within one year.
How to Claim Car Accident Compensation in Nevada
Trying to handle a car accident claim on your own can be challenging, especially up against experienced insurance company attorneys. The best car accident attorneys from Karns & Karns Personal Injury and Accident Attorneys levelthe playing field and handle the legwork for you, such as:
- Thorough investigation – A car accident lawyer Reno will gather all evidence related to the accident, such as police reports, witness statements, video footage, and vehicle damage assessments. This establishes a strong case for liability and the full extent of your damages.
- Documenting injuries and losses - Your Reno car accident lawyer will work with doctors to fully document your injuries, treatment costs, prognosis, and how the injuries impact your life and work. Thorough documentation directly translates to higher compensation.
- Negotiation skills - Insurance adjusters know attorneys have litigation experience and won't easily accept lowball offers. Your attorney can advocate powerfully for fair compensation through negotiations.
- Court experience - If a satisfactory settlement can't be reached through negotiation, a vehicle accident lawyer can file a lawsuit and effectively represent your case in court. Their litigation skills give you leverage in negotiations.
- Expert witnesses – A road accident lawyer Nevada has connections with respected experts like accident reconstructionists and physicians who can analyze evidence and attest to your injuries and losses. Their opinions often influence higher settlements.
- Knowledge of laws - Car accident laws related to negligence, damages, and insurance regulations are complex. An automobile accident lawyer from Karns & Karns Personal Injury and Accident Attorneys has a working knowledge of these laws and will enable maximizing your payout within the legal framework.
- Objectivity - Still recovering from the accident, you may miss things or become overwhelmed. An attorney remains laser-focused on building the strongest case possible.
Hiring an experienced car accident attorney levels the playing field and forces insurers to pay maximum damages. Their legal expertise and advocacy can result in a substantially higher settlement or court award.
Most importantly, car accident lawyers work on a contingency fee basis so you pay nothing upfront. Their fee comes out of any settlement or award. This removes any financial barriers to obtaining experienced legal representation.
If you need advice on what damages you can claim for, contact Karns & Karns Personal Injury and Accident Attorneys. Call us on 800-4THE-WIN (800-484-3946) today.
