If you have been involved in a rear end crash, you are not alone. These types of crashes are quite common. In fact, according to the National Highway Safety Administration, rear end collisions account for about 2 million accidents each year — or nearly 30% of all car accidents.
Perhaps you were distracted by the bright lights of Las Vegas or were texting while driving, but distracted driving is the leading cause of rear end accidents. It is generally assumed that the driver who rear ends another vehicle is at fault. However, that might not always be the case. Dig into all the details below to learn more about how fault is determined in rear end accidents and what your legal options may be.
What Is a Rear End Accident?
A rear end accident occurs when the driver of a trailing vehicle crashes into the back of the vehicle in front. These accidents are commonly caused by distracted driving, although aggressive driving and tailgating can also be responsible. In some cases, poor weather conditions or mechanical failures can also cause these accidents.
Determining who is to blame for these accidents might not always be as simple as looking at the position of the vehicles. Keep reading below to learn more about determining fault in these crashes.
How Is Fault Determined in a Rear End Accident?
It is generally assumed that the driver of the rear vehicle is at fault in a rear end crash. This is because the trailing driver is expected to leave a reasonable and safe distance between their car and the car in front. In fact, Nevada law states that the “driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent.”
Allowing enough room between your vehicle and the car in front should allow you to safely stop without crashing, even if the car in front of you stops suddenly. However, each accident must be investigated on its own to determine the cause and contributing factors. In some cases, the lead vehicle could be at least partially responsible for the accident.
Can The Driver of The Lead Car Be At Fault in a Rear End Collision?
Yes, there may be instances where the lead car is responsible for a rear end collision. There are many situations in which aggressive driving or an unexplained, abrupt stop is responsible for a rear end crash. It may be found that the lead driver is totally or partially responsible for the accident in those cases.
Nevada follows a rule known as modified comparative negligence. Under this rule, each driver is responsible for their own share of the fault in an accident. For example, if it is found that the lead driver is 70% responsible for the accident, they may be held responsible for 70% of the resulting damages.
How Do I Prove Who Was At Fault For My Rear End Crash?
Proving who was at fault can sometimes be difficult, especially if you are trying to prove that the lead driver caused the accident. You will need to present evidence that overcomes the presumption that the trailing driver was at fault. The more evidence you have to prove your case, the better.
Some types of evidence that may be used to prove fault include:
- Video footage, such as a dashcam or surveillance video
- Eyewitness testimony
- Your own testimony
- Expert witnesses, such as crash reconstructionists
Proving that the lead driver was at fault might not be easy, but with the right evidence and strategy, it can be done.
How Can I Get Help After a Rear End Accident?
Car accidents happen every day in Las Vegas. One of the best ways to protect yourself and your rights after a rear end crash is by seeking the help of an experienced car accident lawyer. Whether you were the lead driver or the trailing driver, an experienced lawyer can help you put together the best legal strategy for your situation.
You should not be required to pay for damages that someone else is responsible for. Get the help of an attorney who can investigate your accident and help you hold the responsible party accountable.
Contact Our Las Vegas Car Accident Law Firm For Help Today
If you’ve been injured in Las Vegas, NV, and need legal help contact our Las Vegas car accident attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV. 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV. 89145
(702) 297-6373
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV. 89123
(702) 997-4264
