Is Las Vegas Considered No-Fault for Car Accidents?

Car accidents in Las Vegas are more common than many people realize. With its bustling streets and vibrant nightlife, it’s no surprise that the city sees its fair share of collisions. Understanding who is at fault in these accidents is crucial, especially when it comes to insurance claims and compensation. This guide will help you understand the complexities of fault in car accidents, focusing on Nevada’s fault-based system.

Car Accident Statistics in Las Vegas

Las Vegas has seen a steady rise in car accidents over the years. In 2020, there were 42,060 motor vehicle fatalities across the U.S., with 312 of those occurring in Nevada. 

By November 2021, Nevada had already recorded 349 crash-related fatalities, marking a significant increase from the previous year. These statistics highlight the importance of understanding fault and liability in car accidents.

Understanding Fault in Car Accidents

Fault in car accidents refers to the responsibility assigned to one or more parties involved in the collision. The United States is divided into fault-based and no-fault states.

Nevada, where Las Vegas is located, follows a fault-based system, meaning the person responsible for the accident is also responsible for covering the damages.

Is Las Vegas a No-Fault City?

No, Las Vegas is not a no-fault city. There are only 12 no-fault states and 38 fault states. Nevada is a fault, or tort-based, state, which means that the person who caused the accident is responsible for the damages. Therefore, someone injured in a car accident seeks benefits from the at-fault party’s insurer. 

What is a fault vs. no-fault state?

In a fault state, if you’re injured in an accident, you need to prove that someone else was responsible to get compensation. You’d file a claim with the at-fault person’s insurance, and if there’s a disagreement over the amount, you could sue them for additional damages like medical bills, lost wages, or pain and suffering.

In a no-fault state, you don’t have to prove who was responsible. You file a claim with your own insurance, which covers your damages regardless of who caused the accident. In these states, you’re usually required to have personal injury protection  (PIP) insurance. Generally, you can’t sue the other driver unless your injuries are very severe.

How Does Fault Affect Car Accident Claims in Nevada?

In Nevada, fault plays a significant role in car accident claims. If you’re injured in a car accident, you can seek compensation from the at-fault party’s insurance company. Nevada law requires drivers to carry liability insurance to cover damages they may cause in an accident. The at-fault driver’s insurance will typically cover medical expenses, lost wages, and property damage.

Car Insurance Requirements in Nevada

Nevada law mandates that all drivers carry minimum liability insurance. This includes at least

• $25,000 in bodily injury coverage per person
• $50,000 per accident
• $20,000 in property damage coverage 

Drivers can also purchase additional coverage options, such as Uninsured/Underinsured Motorist (UM/UIM) and Medical Payments (MedPay) insurance, which provide further protection in case the other driver lacks sufficient coverage.

Why Is Fault Important in Car Accidents?

Establishing fault is crucial because it determines who is responsible for paying damages. Proving fault can be complex and often involves gathering evidence such as police reports, witness statements, and photos from the accident scene. Insurance companies use this evidence to determine liability and the amount of compensation owed to the injured party.

Gathering Evidence to Establish Fault

After a car accident, it’s essential to gather as much evidence as possible to support your claim. This includes taking photos of the accident scene, collecting witness statements, and obtaining a copy of the police report. In more complex cases, accident reconstruction experts may be needed to determine what happened. It’s also important to keep records of any medical treatment related to the accident.

Common Causes of Car Accidents in Las Vegas

Las Vegas sees various types of car accidents, many of which are caused by similar factors. The most common causes include:

• Driving under the influence: Alcohol or drug impairment is a leading cause of accidents. There are thousands of arrests for drunk driving in Las Vegas each year. Statistics show that incidents of driving under the influence are most likely to occur during 6PM and 6AM on the weekends. 

• Distracted driving: Texting, eating, or other distractions can lead to collisions.

• Failure to yield: Not giving the right of way at intersections often results in accidents.

• Speeding and reckless driving: High speeds and aggressive driving behaviors are major contributors to accidents.

Types of Car Accidents in Las Vegas

The types of car accidents commonly seen in Las Vegas include:Head-on collisions: These are often severe and can result in serious injuries or fatalities.

• Rear-end collisions: Typically caused by distracted driving or following too closely.

• Side-impact/T-bone collisions: These occur frequently at intersections when drivers fail to yield.

• Sideswipe collisions: These happen when vehicles traveling in the same direction make contact, often during lane changes.

• Rollover crashes: Commonly occur in vehicles with a high center of gravity and can be extremely dangerous.

• Pedestrian and bicycle accidents: These accidents are common in busy areas and often result in serious injuries.

Common Car Accident Injuries

Car accidents can lead to a wide range of injuries, some of which include:

• Head injuries: Concussions and traumatic brain injuries are common in serious collisions.

• Neck and back injuries: Whiplash and spinal injuries are often seen in rear-end collisions. 

• Broken bones and fractures: Common in severe accidents, particularly in high-impact collisions.

• Soft tissue injuries: These include sprains, strains, and bruises, which may seem minor but can have long-term effects.

Steps to Take After a Car Accident in Las Vegas

If you’re involved in a car accident in Las Vegas, follow these steps:

• Check for injuries: Ensure everyone is safe and call 911 if needed.
• Gather evidence: take photos, get witness contact information, and collect relevant details.
• Report the accident: Notify your insurance company and provide them with the necessary information.
• Consult a personal injury lawyer: If you’re injured, a lawyer can help you navigate the claims process and ensure you receive fair compensation.

Legal Considerations in Nevada Car Accident Claims

Nevada follows a modified comparative negligence law, meaning you can still recover damages even if you’re partially at fault, as long as your fault doesn’t exceed 50%. If your fault is 51% or more, you may not be able to recover any damages. This makes it crucial to establish fault accurately and collect all relevant evidence.

Conclusion

Understanding fault in car accidents is vital for anyone driving in Las Vegas. By knowing how fault is determined and how it affects your insurance claims, you can better protect your rights and ensure you receive the compensation you deserve. Always gather evidence, follow the law, and consult a lawyer if you’re involved in an accident to help navigate the complexities of the legal process.

For more information, or a free consultation, consult the experienced, dedicated attorneys at Gena Corena & Associates at 702-680-1111, or contact us online.