Car accidents are frequent in Nevada, and especially in Clark County. Even the more peaceful city of Henderson sees its fair share of incidents. More and more residents come to our office looking for a Henderson car accident lawyer. The most dangerous roads in town seem to be:
- Stephanie Street
- Interstate 215
- Highway 95
- American Pacific Drive
- Gibson Road
- Pecos Road
Truth be told, accidents can happen anywhere. More important than the location are the traffic participants’ actions. Any Henderson car accident attorney knows it, and it becomes obvious when looking at accident causes.
Common Accident Causes in Henderson, NV
1. Impaired driving
Many drivers operate their vehicles while intoxicated with drugs or alcohol. According to the Nevada Strategic Highway Safety Plan, it happens quite often in Clark County. The county accounts for 65% of the fatalities and serious injuries attributed to impaired driving. It is no wonder the first thing a Henderson car accident lawyer does is to check the drivers’ BAC levels.
2. Unsafe lane departures
Many drivers change lanes without reassuring themselves or signaling their intentions. Others speed or fall asleep at the wheel and lose control of their vehicle. Again, this occurs more frequently in Clark County. It accounts for 62% of lane departure accidents throughout the state. An experienced Henderson car accident lawyer will consider lane departure as a potential accident cause. To prove it, they will look for witnesses and traffic video recordings.
Driving safely means more than obeying speed limits. It means adjusting vehicle speed to traffic conditions. Many drivers fail to do it. They do not realize that high speed equals less time and space to stop safely and avoid accidents. A Henderson car accident attorney knows this and will look for evidence of speeding. They will also check the driver’s records for related fines and charges.
Drivers in Henderson have made a habit of closely following the car in front of them. This is not always a good idea. Not all cars have functioning stop lights, and not all drivers signal their intentions in traffic. When they make sudden maneuvers, the tailgating car often rear ends them. The driver of the tailgating car is usually at fault. However, a skilled Henderson can accident lawyer may prove otherwise.
5. Drowsy Driving
Walking out of a casino or driving on streets sided with electronic signs is not easy. All those flashing signs and colors take their toll on the drivers’ attention. Some drive after a long night of gambling. Others are returning exhausted from work. There are also commercial drivers with many more hours on the job than the law allows. Fatigue is as dangerous as alcohol. It diminishes attention and reaction speed. An experienced car accident attorney will never dismiss it as a possible accident cause.
6. Distracted Driving
People nowadays seem to have smartphones stuck to their hands. They are addicted to the internet and especially to social media. No wonder they disregard the stipulations of Nevada Revised Statutes Section 484B.165. Even though handheld use of mobile devices behind the wheel is illegal, many drivers keep doing it. Any car accident lawyer in Henderson knows that and will try to prove it.
7. Car Defects
In theory, all vehicles operated on Nevada roads should be in good functioning order. In practice, not all of them are. Some drivers neglect basic car maintenance operations, like tire replacement and oil changes. There are also mechanics and repairs shops who charge for poorly or never performed works. An experienced car wreck attorney will recognize such cases and seek compensation from the party at fault.
The cause of the accident is very important. It allows the victims or their lawyer to identify the party at fault or the defendant. Depending on the accident circumstances, there are several possibilities.
Potential Defendants a Henderson Car Accident Attorney May Choose for Their Compensation Claim
- The insurer of the party at fault. Anyone driving in Nevada should carry liability insurance. The minimum coverage for personal injury is $25,000/person and $50,000/event. For property damages, the minimum coverage is of $20,000/event. Any car wreck lawyer will prefer an insurance claim to a lawsuit.
- The victim’s insurer. This could be an alternative when the party at fault is uninsured. Of course, its viability will depend on the insurance coverage of the victim. Many drivers in Nevada have uninsured/underinsured motorist coverage. It should be easy to access for any car accident attorney in Henderson.
- The at-fault driver or traffic participant. Attorneys usually consider this option after exhausting the previous two. It involves long and troublesome court trials that do not always secure compensation. A favorable court verdict is useless when the defendant is broke and/or in jail.
- A third party. Drivers are not always at fault for the accident. Sometimes, the authorities or their contractors neglect road maintenance. There are also transport companies who hire inexperienced drivers and force them to work overtime. Other options would be repair shops doing a poor job and defective parts suppliers. These cases are among the most challenging. They require the knowledge and experience of a Henderson car accident lawyer.
Choosing the right defendant for an accident claim is very important. The decision should take into account not only how the accident occurred, but also what the victim can prove. They or their attorney will need to prove that:
- The defendant owed them a duty of case (to obey traffic rules)
- They breached they duty (by drinking and driving, speeding, tailgating, etc.)
- Their actions led to the damages the victim or their attorney claims.
Types of Damages a Car Accident Lawyer in Henderson May Help Compensate
Depending on the severity of the accident and the available evidence, a compensation claim may cover:
- Property damage: repair or replacement of the car and other assets damaged in the accident
- Medical costs: doctor visits, surgery, medicine, medical devices, therapy, specialized care, etc.
- Disability adjustment expenses: wheelchair, home care, installation of home ramps, support bars, etc.
- Lost wages: income the victim lost by taking time off work due to injuries
- Lost earning capacity: income the victim will never earn due to their disability
- Non-economic losses: pain and suffering, loss of consortium, loss of enjoyment, etc.
In order to recover these losses, the claimant will need to prove they incurred them. They will also need to prove their value. Anyone can document already incurred financial losses. It takes an experienced Henderson car accident attorney to prove future and non-economic losses.
Thus, the value of the compensation will often depend on the skills of the car accident lawyer handling the case. It will also depend on the claimant’s ability to prove the defendant’s liability and their own innocence. Given the implications of Nevada’s comparative fault system, the victims may be blamed for their accidents too.
Nevada Comparative Fault or Why Work with a Henderson Car Accident Lawyer
Under Nevada comparative fault system, both parties involved in an accident can share fault for it. Their fault percentage determines the part of the damages they are responsible to cover. The best solution to understand how the system works is to consult a Henderson accident attorney.
Let us take as an example an accident in which one party was 35% at fault and the other one was 65%. Let us assume the total damages reached $100,000. The party 35% at fault would have to cover $35,000. The other party would be responsible for $65,000.
Under Nevada law, those more than 50% at fault for their accident are not entitled to compensation. Taking into account all the above, claimants should always expect the defendant to blame them. In the end, it all comes down to money: the higher the fault of the claimant, the less the defendant pays.
Under the circumstances, the claimant will have to prove not only the liability of the defendant and their losses. They will have to prove their own innocence. This is not easy, so it is better to turn to a Henderson car wreck lawyer for help, as soon as possible.
Why Contact a Henderson Car Accident Lawyer as Soon as Possible – Nevada Statute of Limitations
Nevada laws limit the time a victim has to seek compensation for their losses. It only leaves victims two years to claim compensation for injury-related losses. The deadline is of three years for property damage. Of course, it is usually not a good idea to file separate actions.
The best strategy is to get in touch with a car accident lawyer and start gathering evidence as soon as possible. That is because most of the evidence is available at the accident scene or in its proximity. With time, brake marks and oil leaks fade. Gas stations and stores delete their recordings. Witnesses change address or forget details as well.
The more time a Henderson accident attorney has the easier building a solid case will be. Just because they start working on the case early, it does not mean they will rush the claim. They will wait until they have all the facts and they can estimate all losses. They will always act in their client’s best interest.
In fact, if called on time, they will guide their client’s steps and help them avoid costly mistakes. For example, the victims’ actions at the scene of the accident are very important for their case outcome. Alone, the victim may neglect important aspect. With the guidance of a car wreck lawyer in Henderson, they will take the right steps.
Steps a Henderson Accident Attorney Will Advise Victims to Take at the Accident Scene
The first minutes after an accident are very important for the compensation claim. Many victims have no idea what they should do. Others give in to the pressure and the adrenaline rush. A Henderson car accident lawyer, even if only by phone, will help their client focus and take the right steps. Here is what they involve:
Stopping at the accident scene or as close to it as possible.
It is a legal obligation according to Nevada Revised Statutes Section 484E.030.
Requesting medical assistance for the injured.
Timely medical assistance can save lives, so every minute counts.
Reporting the accident.
Nevada drivers have the obligation to report to the police accidents involving injuries or damages over $750. They should also consider reporting the accident to their insurer. It could be an obligation in their insurance policy.
Calling a Henderson car accident lawyer.
If called on time, the latter may be able to come to the scene and assist their client. If they cannot, they may at least provide helpful advice.
Gathering contact and insurance information.
In order to seek compensation for their losses, victims will need to know who caused the accident. They will need to know what car they were driving, and more. The names, phone numbers, and addresses of potential witnesses are important as well. Without these details, not even the best accident attorney in Henderson may be able to help.
Gathering evidence. In car accident compensation claims, the burden of proof falls on the claimant.
They will need to support their claim with evidence. Most of the necessary evidence is available at the scene. Important details are brake marks, values displayed on the speedometer, oil leaks, open alcohol containers. If present at the scene, any car accident lawyer will take over the process. Without them, the victim has to do everything by themselves.
Think twice before talking or signing.
Although they are not under arrest, everything victims say could be used against them. They should, therefore, avoid talking and focus on listening, taking notes, and gathering evidence. Under no circumstances should they sign papers without consulting an accident attorney. Otherwise, they may discover they waved their right to compensation.
Call Nettles & Morris and Schedule a Consultation with a Henderson Car Accident Lawyer Now!
If you were involved in a car accident in Henderson, we can help. We can guide your steps at the accident scene and handle your compensation claim. We can answer your questions and defend your interests. We’ll not stop until we obtain the compensation you deserve. Find out more about what we can do for you by scheduling a free consultation. Call (702) 710-9964 and get a knowledgeable and dedicated Henderson car accident lawyer on your case!