Following a tail-end collision in Henderson, you may automatically assume you are responsible. However, another driver may be at fault. To determine who is liable, partner with a Henderson car accident lawyer.
At H&P Law, we help car accident victims pursue compensation from at-fault parties. Our Henderson personal injury lawyer can take a look at your case and go over your legal options with you. To get started, contact us today.
Rear-End Collision Definition
According to research, rear-end crashes are the most common type of collision. They represent approximately 29% of all crashes. Common reasons why tail-end accidents happen include:
- An inattentive or distracted driver
- Poor road or weather conditions
- Intoxicated driver
- Speeding
- Drowsy driver
- Inexperienced driver
Just because you are involved in a back-end crash does not mean you are responsible. The team at H&P Law can review the facts surrounding your collision and help you figure out if you can file a claim. For more information, reach out to us.
Who Is Responsible for a Tail-End Collision
Back-end accidents are governed under Nevada Revised Statutes (NRS) §484B. 127. Based on this regulation, it is against the law for a motorist to drive their car too close to other vehicles. Otherwise, if a motorist chooses not to do so, they may not be able to stop quickly enough to prevent a tail-end collision.
There are instances where the driver trailing behind a vehicle is not at fault in a back-end collision. Such instances include if a motorist is driving their car in reverse down a street or was brake checking, i.e., hitting the brakes repeatedly for no apparent reason. In either of these situations and many others, the driver in the rear vehicle may be eligible to file a claim against the other motorist.
Regardless of whether you were traveling in the front or rear car at the time of your back-end accident, you may be able to request compensation. For help with determining liability, meet with a Henderson rear-end collision accident attorney. This allows you to get answers to frequently asked questions and many others relating to tail-end accidents.
How to File a Rear-End Collision Claim
A rear-end collision accident lawyer in Henderson can walk you through the steps involved in submitting your claim. You have up to two years from the date of your crash to request damages from the at-fault driver, per Nevada’s statute of limitations. If you do not file your claim within this window, you are 100% responsible for your accident-related losses.
Generally, an at-fault motorist’s insurance company can cover your claim. Every driver in Nevada is legally required to have car insurance. In the best-case scenario, you notify your insurer about your crash, they contact the at-fault driver’s insurance provider, and you get the full compensation you want for your accident.
Of course, the best-case scenario rarely comes to fruition. In many instances, an at-fault motorist’s insurance provider does everything it can to contest your claim. Thankfully, a rear-end collision accident attorney in Henderson can help you navigate the challenges that come with dealing with an at-fault motorist, their insurance company, or both.
How to Prove Fault in a Tail-End Accident Case
It may be clear to you that the other driver caused your tail-end accident, but a judge or jury will not necessarily agree with your point of view. Thus, you must provide a preponderance of evidence to show the court that you are in no way responsible for your collision. Examples of evidence you can provide to support your claim include:
- Medical records
- Pay stubs
- Accident scene photos and videos
- Police reports
You must also be able to show that the at-fault driver had a duty of care that they chose to violate. Because the driver breached this obligation, you were involved in a back-end collision that left you with an injury. In addition to these things, the driver’s actions caused you to incur quantifiable or subjective losses.
How Much Your Tail-End Collision Case Is Worth
Compensatory damages cover economic and non-economic losses. The total damages you request depend on the severity of any injuries you suffered during your back-end collision and other factors. Economic and non-economic damages that tail-end crash victims may request compensation for include:
- Car damage
- Lost wages
- Pain and suffering
- Medical bills
A court may award you punitive damages in combination with economic and non-economic compensation. It may do so to deter an at-fault party from committing future acts of negligence. Your attorney can explain the different types of damages in detail and help you request the most compensation possible.
What to Expect After You Submit a Back-End Crash Claim
It may take months or years before you receive compensation based on a rear-end collision claim. No matter how long it takes, your lawyer works with you every step of the way. Your attorney advocates for you represents your best interests, and protects your legal rights throughout your litigation.
Do not be surprised if you get a call from an at-fault driver or their insurance provider after your collision. They may reach out to you in the hopes that you will accept a lowball settlement offer. Rather than risk approving the proposal or saying something that could potentially compromise your case, notify your lawyer, and they can speak on your behalf.
Keep in mind that you do not have to approve a settlement proposal, and even if one is offered, it is not always in your best interests to do so. Select a lawyer who has helped their clients get the case results they want, as this attorney communicates and collaborates with you throughout your litigation and provides you with regular updates. If you have to bring your case to trial, your lawyer can deliver a compelling argument that may lead a judge or jury to rule in your favor.
Get Legal Help with Your Henderson Rear-End Collision Claim
H&P Law is a proven choice for those in need of legal help with rear-end accident claims. Our Henderson rear-end crash lawyer is available to discuss your case. To schedule a free and confidential consultation, contact us today.
