Rear End Accident Fault: A Rebuttable Presumption
Nevada is a fault-based drive vehicle accident jurisdiction. Under our state ’ s relative negligence legislative act, motorists are held legally liable in direct proportion to their horizontal surface of fault for a collision. For case, a driver who is found to be at blame for 100 percentage of a crash will be held financially responsible for 100 percentage of the leave damages. In contrast, a driver who is found to be at blame for 60 percentage of a doss will only be held liable for 60 percentage of the damages. In rear end collision cases, it is generally presumed that the rise driver is the one who is at demerit for causing the accident. The cause for this is relatively simple : most rear end collisions are, in fact, the blame of the rear driver. The NHTSA raise conclusion accident causing study found that the majority of rear end collisions actually occur when the front vehicle is not flush moving. Most much, rear drivers hit the car in front man of them because :
- They were distracted;
- They were speeding; and/or
- They were following too closely.
That being said, rear drivers are not automatically at mistake for the collision. With evidence, they can rebut the general presumption that they caused the crash. For this reason, all car accident claims must be reviewed on a individual footing. The lead driver — and other parties — can be legally liable if the evidence indicates that they acted in a negligent manner and that negligence contributed to the crash.
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There are a number of unlike scenarios in which the lead driver must be held at fault for a rear end accident. As an exercise, if a driver by chance pulled out into an overlap, and then put their car in reverse to get out of the manner, it is likely their fault if they get hit from behind. It is excessive for the other driver to expect them to on the spur of the moment back up. similarly, aggressive drive by the lead fomite, such as an erratic lane change or sudden and unnecessary brake could be sufficient to hold the lead driver at fault. last, if the lead car has broken brake lights, the back driver may not be at fault for the clang.
How Our Las Vegas Auto Accident Lawyers Can Help
If you were involved in a rise end collision and you are in a dispute over mistake, it is all-important that you seek guidance from an know master. At Naqvi Injury Law, our Las Vegas back end accident lawyers have a prove record of successful results. You should not be made to pay for person else ’ south negligence. We will conduct a comprehensive examination investigation of your accident — gathering all relevant evidence needed to protect your rights and prove fault in your sheath. Our Nevada car accident lawyers are organize to fight aggressively to help you hold the negligent driver responsible for the crash. If you rear ended another vehicle and you believe that you were not at fault for the collision, you should contact our police firm today .
Were You Involved in a Rear End Collision in Las Vegas, Nevada?
Our legal team is here to help. At Naqvi Injury Law, our skilled Las Vegas car accident lawyers have extensive experience handling all types of rear end collision claims. If you or your class member was hurt in a rear end accident, please do not hesitate to contact our legal team to schedule a rid, no obligation initial reference. We handle the full range of personal injury claims in Las Vegas and in the surrounding communities in Clark County .