If you rear ended another driver, you are certainly not alone. Rear end collisions are among the most common types of car accidents in Las Vegas. According to a report from the National Highway Traffic Safety Administration (NHTSA), rear end crashes account for nearly 30 percent of all traffic accidents in the United States. Show
Following this type of accident, you may feel like you are simply out of luck. After all, a driver who rear ends another vehicle is at fault for the crash, right? No, not necessarily. While many people incorrectly assume that the second driver is automatically at fault, the reality is that the lead driver, and other parties, can also be held responsible for a rear end collision. In this article, our top-rated Las Vegas rear end accident attorneysexplain what drivers need to know about rear end collisions and fault in Nevada. Rear End Accident Fault: A Rebuttable PresumptionNevada is a fault-based motor vehicle accident jurisdiction. Under our state’s comparative negligence statute, motorists are held legally liable in direct proportion to their level of fault for a collision. For instance, a driver who is found to be at fault for 100 percent of a crash will be held financially responsible for 100 percent of the resulting damages. In contrast, a driver who is found to be at fault for 60 percent of a crash will only be held liable for 60 percent of the damages. In rear end collision cases, it is generally presumed that the rear driver is the one who is at fault for causing the accident. The reason for this is relatively simple: most rear end collisions are, in fact, the fault of the rear driver. The NHTSA rear end accident causation study found that the majority of rear end collisions actually occur when the front vehicle is not even moving. Most often, rear drivers hit the car in front of them because:
That being said, rear drivers are not automatically at fault for the collision. With evidence, they can rebut the general presumption that they caused the crash. For this reason, all auto accident claims must be reviewed on a case-by-case basis. The lead driver — and other parties — can be legally liable if the evidence indicates that they acted in a negligent manner and that negligence contributed to the wreck. There are a number of different scenarios in which the lead driver must be held at fault for a rear end accident. As an example, if a driver accidentally pulled out into an intersection, and then put their car in reverse to get out of the way, it is likely their fault if they get hit from behind. It is unreasonable for the other driver to expect them to suddenly back up. Similarly, aggressive driving by the lead vehicle, such as an erratic lane change or sudden and unnecessary braking could be sufficient to hold the lead driver at fault. Finally, if the lead car has broken brake lights, the rear driver may not be at fault for the crash. How Our Las Vegas Auto Accident Lawyers Can HelpIf you were involved in a rear end collision and you are in a dispute over fault, it is crucial that you seek guidance from an experienced professional. At Naqvi Injury Law, our Las Vegas rear end accident lawyers have a proven record of successful results. You should not be made to pay for someone else’s negligence. We will conduct a comprehensive investigation of your accident — gathering all relevant evidence needed to protect your rights and prove fault in your case. Our Nevada auto accident lawyers are prepared to fight aggressively to help you hold the negligent driver responsible for the crash. If you rear ended another vehicle and you believe that you were not at fault for the collision, you should contact our law firm today. Were You Involved in a Rear End Collision in Las Vegas, Nevada?Our legal team is here to help. At Naqvi Injury Law, our skilled Las Vegas auto accident lawyers have extensive experience handling all types of rear end collision claims. If you or your family member was hurt in a rear end accident, please do not hesitate to contact our legal team to schedule a free, no obligation initial consultation. We handle the full range of personal injury claims in Las Vegas and in the surrounding communities in Clark County.
It’s peak hour and a driver, stuck crawling along a normally fast-moving road, possibly distracted by their phone, accidentally accelerates into the bumper and taillights of the stationary car in front causing injury to the driver and passengers. In common scenarios like this, there’s not a lot of ambiguity about who’s at fault. However, there are many other scenarios where it’s the driver in front who can be shown to have been at least partially negligent. What is a rear-end collision?With a name that points to the person considered the default victim, a rear-end collision occurs when a vehicle is driven into the back of a vehicle ahead of it, causing damage and injury. It can also include a vehicle reversed into one behind it. It may in some rare cases be deliberate, such as if rammed from behind or because of sudden braking by the car in front. How to determine who’s at fault in a rear-end car crashIn most rear-end accidents (especially where only two cars are involved), it’s the driver of the car that hit the other car from behind who’s considered to have caused the accident. This presumed negligence also makes them liable for both damage and injuries. However, there are many situations where the lead driver could be held at least partially at fault, especially if the tailing driver had taken action to avoid or reduce any risks or hazards being created by the lead driver. Examples where the driver in front could be held at least partially liable
What should you do about injuries in a rear-end collision?
For more advice, visit our guide on what to do after a car accident. If your accident occurs in NSW or Victoria, visit our CTP and TAC pages to make a claim. Example of a rear-end collision payoutOur client received extensive injuries to their upper body after being rear ended by a minivan while stationary at a roundabout. The impact of the collision caused their vehicle to spin out into the centre of the roundabout. Initially, the third party insurer offered only $300,000 in compensation. Knowing this was insufficient, LHD negotiated a settlement of $403,758 – of which the client received $329,333 after legal fees. Explore more recent wins and car accident compensation payout case studies. Make a motor vehicle accident claim todayLHD Lawyers help everyday Australians receive the benefits they are entitled to for motor vehicle accident claims. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy. Call 1800 455 725 to arrange a consultation.
A road accident is sometimes unavoidable. They can happen to almost everyone – even the most cautious of drivers. In fact, a shocking 360,000 Australian motorists reported being involved in an accident in the year ending July 2018, with rear end crashes being the most common car collision – making up one-third of these accidents. So, who’s at fault and why?In short, the rear driver is almost always at fault and will be found liable for damages. The reason being that it’s your responsibility to leave a safe distance between yourself and the vehicle in front of you. Even if the driver in front of you slams on their brakes it’s expected that you’ve given yourself enough room to slow your car no matter what speed you are traveling at. Even in instances where there is a multiple car pile-up, and someone hits you from behind you’ll more than likely still be found at fault for the damage to the car in front of you. Again, this will be based upon you not providing yourself with enough distance from the car in front. When are you not at fault?Maybe you are adamant the road accident wasn’t your fault, don’t lose all hope just yet. Yes, there are some instances where the driver in front can be at fault:
In these scenarios, there is a chance you’ll be able to prove another driver’s negligence.
What can you do after a road accident?There are several things you can do to help your case… Remember to lodge a Crash Report with the WA Police as soon as possible after you’ve had a road accident. Thoroughly document what happened and spare no detail. Depending on the scale of the accident the police may be on site. In these circumstances it’s important to explain clearly what you think may have happened. Using a dash cam is another option many Australian drivers have recently adopted. A dash cam will provide you with video footage to prove if a lead driver breached their duty of care on the road. An impartial piece of evidence, video footage will go a long way in helping your case if you truly believe you weren’t at fault during a rear end collision. Our most important piece of advice however is to drive as safely as possible, always be prepared to react and keep your eyes on the road at all times. If you’ve recently been involved in a rear-end collision and require smash repairs, call your insurer to obtain a claim number and Get an Estimate to let us help you get back on the road fast. |