There is a common myth that in rear-end collisions the driver who hit the car in front of them is automatically found to be at fault. It doesn’t work that way. If you have been injured in a rear-end collision, do not assume that fault is redetermined by the type of accident you have been involved in, whether you were the one who struck the vehicle in front of you or the one who was hit from behind. Not only can the driver who was struck be found at fault but, in Nevada, drivers may each be found partially at fault and there may even be other liable parties involved, such as the maker of a defective vehicle.
Shared Liability – Comparative Negligence
Each state sets its own rules when it comes to shared blame and if you are eligible for compensation. Nevada uses modified comparative negligence, allowing injury victims to recover compensation as long as they are no more than 50% to blame. If you are found to be partially to blame for your accident, your compensation is reduced by your portion of blame. So, if your damages are $100,000 and you are found to be 25% at fault, you can receive $75,000.
Fault in your auto accident claim is not determined by police or other law enforcement. The police report is often used as evidence, but it is not how the courts decide if you can receive compensation. If the insurance company tells you that they are not going to pay for your injuries because the police report says you were to blame, talk to an experienced Las Vegas auto accident attorney right away.
Fault in Rear-End Collisions
In real life rear-end collisions, it is very common for both drivers to be partially to blame or even for the driver who was struck to have caused the collision. For instance, drivers will often stop suddenly to avoid running a red light, too suddenly for the car behind them to stop. This can place the blame entirely on the driver who was struck. However, it is also quite common for drivers to speed up to try to squeak through a yellow light. Put those two together and the blame may be shared between the drivers.
If you or someone you love has been injured in a rear-end collision, please do not wait until it is too late, Call Adam Smith Law at 702-929-2289 or email us and schedule your free consultation.