It can be frustrating to deal with an unjustified car accident claim against you. Unjust claims are filed more often than you might think, but there are countermeasures you can take. Under the right circumstances, you might even turn the tables on the opposing party. Even if the other side’s case is valid, there might be ways to reduce your liability.
Preventative Measures: How to Avoid an Unjust Claim in the First Place
Pay attention to the following preventative measures that can head off an unjustified or frivolous car accident claim. They are “preventative” because they occur before a claim, even though they happen after the car accident.
Stay at the Scene of the Accident
Nevada state law requires you to remain at the scene of an accident that involves injury or property damage. Although there are a few exceptions (if it would be dangerous to stay, for example), do your best to remain at the accident scene until the police or the ambulance arrive.
Photograph Everything
Photograph the following items:
- Any visible landmarks
- Damage to all vehicles
- Debris or vehicle parts on the road
- Emergency vehicles or personnel
- IDs and insurance cards of all drivers involved
- Injuries
- Police officers and their badge numbers
- The position of vehicles on the road after the accident
- Road conditions
- Skid marks on the road
- The at-fault party’s driver’s license
- Traffic signs and signals
- Weather conditions
- Witnesses and their contact information
- Your own vehicle’s odometer reading
Photograph anything else that might serve as valuable evidence under your particular circumstances.
Gather Evidence
In law, nothing is true unless you can prove it, and you cannot prove anything without evidence. Not all evidence is admissible in court, but some evidence that is inadmissible in court is useful in settlement negotiations.
In addition to the photographic evidence listed above, gather the following to the extent that it is available:
- Videos, including traffic cameras and dashcam footage
- Police/accident reports
- Eyewitness testimony
- Your car’s and the other car’s event data recorder, which records data about the accident
- Medical records
- Cell phone records (to prove texting while driving, for example)
- Vehicle damage reports
- Expert witness testimony
- Personal notes (date, time, weather conditions, immediate recollections, etc.)
- Any correspondence related to the accident
Your car accident lawyer in Las Vegas should be able to think of many more relevant items.
Cooperate With the Police
A police report that favors you can greatly benefit you in settlement negotiations. You generally can’t use a police report in court, but you can call the police officer who writes it as a witness.
Get Contact Details of Any Witnesses
Witnesses can provide you with valuable testimony. Neutral third-party witnesses who are not related to you are the most persuasive.
Seek Immediate Medical Attention
Seek medical treatment as soon as the ambulance arrives if you even suspect that you might be injured. Remember, some injuries don’t produce symptoms right away. If you wait before seeking medical treatment, the other party might claim that your injuries didn’t happen until after the accident.
Hire an Accident Reconstruction Specialist
An accident reconstruction specialist can serve as an expert witness. They will take evidence of your crash to recreate it by explaining what happened first, what happened next, etc. They will create a persuasive account of what caused the accident and whose fault it was.
Understand Nevada’s Comparative Fault Law
Many car accidents are more than one driver’s fault. The trick is to allocate fault between the drivers. Even if the accident was mostly your fault, Nevada’s comparative negligence law allows you to reduce your liability by pinning at least some of the blame on the other driver.
If the other driver’s fault was 50% or less, you will be relieved of liability for paying that same percentage of their damages. If they were more than 50% at fault, you owe them nothing, and they might even have to pay you damages.
Hire a Las Vegas Car Accident Attorney If You’re Unjustly Blamed For a Collision
An experienced Las Vegas car accident lawyer should be able to handle any false claim against you. Schedule a free initial consultation with an attorney as soon as you can.
Contact Our Las Vegas Car Accident Lawyers at De Castroverde Accident & Injury Lawyers For Help Today
If you’ve been injured in Las Vegas, NV, and need legal help, contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson. We’re proud to serve Clark County and the surrounding areas.
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) 964-1806
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455
About the Author
Alex De Castroverde earned his law degree from Nova Southeastern University Shepard Broad College of Law and is licensed to practice in Nevada. He is a dedicated trial lawyer who assists clients across Las Vegas in a wide range of legal matters, with a focus on personal injury. Alex has successfully represented clients in cases involving car accidents, catastrophic injuries, truck accidents, motorcycle accidents and more. Click here to learn more about the outstanding case results Alex has achieved for his clients.
