If you love Nevada for its beautiful rural vistas, and incredible sprawling desserts, instead of its smoky crowded casinos, Lyon County is for you. All of our Lyon County citizens live here for the very specific reasons that any small, tightly knit community does. The beautiful Nevada outdoors runs through our veins and in our souls.
While there is only a fraction of people living in all of Lyon County, as there are in just a single subdivision of Las Vegas, our community likes it that way. When we think about our Lyon County community, the last thing we think about is if there is a car accident lawyer available if we ever need one. In fact, the availability of car accident lawyers is the last think most folks think about around here, until that time comes.
It’s been a common idea that if someone is rear ended in an accident, then it is always the person who hit you that is at fault. But this is not always the case. Sometimes the person who was rear ended can be held liable, or partially liable for the car accident. When you or a loved one has been rear ended, and has sustained injuries, its important to know all of the facts and the law before speaking to a car accident lawyer about compensation.
The Presumption of Fault in a Rear End Collision
In the majority of situations, it will be presumed at first that in a rear end car crash, it is the rear, or approaching vehicle what is at fault. In a number of states there are laws that will, in most cases, place the fault immediately on the approaching driver. This means that pretty much no matter what, if you rear end someone, you are at fault.
Here in Lyon County Nevada, this area of the law is governed by NRS 484B.127. This Nevada statute states that all drivers must leave reasonable and prudent space between themselves and the vehicle in front of them. This allows the driver to be able to immediately stop without a collision of they must do so. Failing to do this can result in a misdemeanor moving violation. If it is determined that there was reasonable and prudent space but the rear end crash happened due to the front drivers actions, then the rear driver could be held faultless.
Determining just how much space “reasonable and prudent” is, can leave a lot up to speculation. Often, it’s just based on the fact that if the car in front of you suddenly brakes in an attempt to not run over a dog that had run into the road, and you rear ended them as a result, that means that you did not leave enough “reasonable and prudent space” that would allow you to stop without a collision.
Many factors will be taken into account when determining if the approaching vehicle left reasonable and prudent space. Weather conditions, the amount of traffic on the road at the time, the condition of the car and even the design or condition of the road itself can be taken into account. For instance, if you are driving in a storm, in heavy traffic on a twisty and windy road, you would need to leave much more space between yourself and the car in front of you than if the weather and road conditions were normal.
What to Do After You Have Been Rear Ended
If you have been rear ended on the road, the very first thing you should do is to attend to any physical injuries before calling the police. In the situation of a rear end collision, you will be jolted forward in a very quick motion, which can cause a condition known as whiplash, among other injuries.
It is important that you remain on the scene until emergency personnel arrive to take your statement. If you leave the scene, you will hurt your chances of receiving any compensation for your injuries or damages. You must comply with all the Nevada regulations in regard to an auto accident, if you do not you could face criminal charges for leaving the scene of an accident.
How a Lyon County Car Accident Lawyer Can Help
Just because someone has rear ended you and received a traffic violation for driving to close, that doesn’t mean that you will automatically receive compensation from their insurance agency. Getting a ticket from the highway patrol does not prove negligence in a court of law. The insurance agencies know this and will pull out all the stops in an attempt to either not pay or pay as little as possible when it comes to compensation for your injuries and damages.
There are several elements that need to be satisfied in order to prove negligence in a personal injury case. Trying to prove negligence yourself without going to court would be difficult. This is where an experienced Lyon County car accident lawyer will help. A good injury attorney can gather the evidence necessary to show that the driver that rear ended you has a duty of care to provide adequate distance between their car and yours and they breached that duty through their negligence that caused damages.
A good accident lawyer will know how to negotiate with the insurance agencies in order to avoid a long expensive trial, so that you will get a fair and equitable out of court settlement. The insurance agencies employ entire departments of lawyers whose only job it is to try to save the company as much money as possible in payouts. They will take advantage of anyone who has been injured that does not have an attorney, so it is very important to hire a car accident attorney after an injury causing rear end car crash.
Justice Law Center For Your Injury Attorney
Justice Law Center has been representing the people of Lyon County Nevada in their car accident claims for over 25 years. We are all Nevada residents, and we care about each one of our clients and their families.
If you have been rear ended out on the road and have sustained injuries due to the crash, we have the perfect car accident lawyer that will fight for you to get what is fair and right from the insurance agencies. Don’t be taken advantage of, call us today for a free consultation.
Josh Nay is a writer and paralegal with over 10 years of experience in personal injury cases, family law and criminal defense.