Battle Born Injury Lawyers | March 7, 2023 | Car Accidents
If another person causes your car accident, you probably already know you can file a claim for damages. Since Nevada is an at-fault state for car accident claims, the person who causes the car crash can be held financially liable for a victim’s injuries and damages.
However, what happens if you are at fault for a car accident in Las Vegas? Should you call a car accident lawyer? Are you going to be sued?
In this guide, our Las Vegas personal injury lawyers answer the question, “What happens if I’m at fault in a car accident?” We also explain how you could still be entitled to compensation if you were injured.
What Happens if I Cause a Car Accident in Las Vegas?
If you caused a car crash, you are responsible for paying for any losses or harm caused by the car accident. For example, you would be responsible for reimbursing the accident victim for their economic damages, including:
- Property damage
- Medical bills
- Lost wages
- Out-of-pocket expenses
You would also be responsible for compensating the victim for their non-economic damages. These damages include pain and suffering, emotional distress, disfigurement, and a decrease in quality of life.
Your auto insurance should cover the damages if you cause a car wreck. The victim files a claim with your insurance provider. If you have minimum liability coverage, the insurance company is responsible for damages up to $25,000 for bodily injury to one person ($50,000 per accident) and $20,000 for property damage.
You would be responsible for any amount above the policy limits. Many drivers purchase maximum liability insurance limits to protect themselves if they cause a car crash.
Will I Be Sued for a Las Vegas Car Accident I Cause?
If your insurance company refuses to accept liability for the claim or settle the claim with the victim, you could be sued. Also, if the policy limits do not cover all damages, the injured party could file a car accident lawsuit against you.
Most insurance policies contain a clause that requires the company to hire a defense lawyer to handle the personal injury lawsuit. You have the right to hire your own attorney at your expense.
If the case goes to trial and the jury awards the victim money, the insurance company should pay the judgment up to the policy limits. You would be responsible for the remaining amount.
What Should You Do After a Crash You Believe Is Your Fault?
Try not to panic if you think you caused a car accident. Instead, focus on the steps you need to take after a car accident.
First, never leave the accident scene. You might be scared, but Nevada laws require drivers to remain where the crash occurred. If you leave, you could face a criminal charge for causing a hit-and-run accident.
Next, check to see if anyone is injured. It is usually best to call 911 to report the accident, regardless of the severity of the crash. You need an official record of the accident, and it is wise for everyone to be checked by emergency medical services.
While you wait for the police to arrive, protect your best interests as much as possible. Do not confront an angry driver. Instead, keep your distance unless you need to provide emergency aid or assistance.
Things to remember include:
- Never admit fault for the crash or apologize. Saying “sorry” could be understood to mean fault.
- Do not discuss the accident with anyone other than the police officer.
- Avoid discussing what you were doing before the crash.
- Never talk about who you think is to blame for the collision.
- Take photographs and make a video of the accident scene.
- Ask eyewitnesses for their names and telephone numbers.
- Give the police officers a basic statement regarding how the crash occurred. Do not add details such as you were on your cell phone, looking at your child, or speeding.
Be polite during the experience, but keep communication to a minimum. Once you are stable, notify your car insurance company. However, do not make any official statements about how the accident occurred or who was at fault.
Instead, call a Las Vegas car accident lawyer as soon as possible. If the crash was your fault, the attorney explains the steps to take to protect yourself. However, you might be surprised to discover the accident was not your fault or only partially your fault.
Sound legal advice after a car accident is essential, even if you caused the crash.
What Happens if I’m At Fault in a Car Accident and I’m Injured?
Your liability car insurance does not cover your damages after a car accident. However, if you purchased optional insurance coverage, you might receive money for your expenses from your insurance company.
For example, Medpay is no-fault insurance coverage. It covers some medical bills even if you cause a car accident. If you have collision insurance, it covers the cost of repairing or replacing your vehicle.
You might discover that you were only partially at fault for the car accident when you meet with an attorney. If so, you might be able to file a claim against the other driver for your injuries and damages.
Nevada has a modified comparative negligence law for personal injury claims. If a person is more than 51% at fault for the cause of their injury, they cannot recover damages.
If you are less than 51% to blame for causing the car accident, you could be entitled to damages under contributory fault. However, your compensation is reduced by the percentage of fault.
For example, if you are 25% to blame for causing the car wreck, your compensation is reduced by one-fourth. Therefore, if you are awarded $100,000, you will receive $75,000.
A Las Vegas Car Accident Attorney Can Help
Personal injury attorneys offer free consultations. Therefore, you can discuss your case with a lawyer without paying a fee.
Also, attorneys accept personal injury cases on a contingency fee basis. You will not pay attorneys’ fees until the attorney recovers money for your claim. Therefore, the first step is to contact an attorney and schedule a free case review.
Contact the Las Vegas Car Accident Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our car accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.