How to Prove Liability in a Multi-Vehicle Accident

When multiple vehicles are involved in a collision, it can be challenging to determine who is at fault. However, it is possible to establish who is liable and prove your claim for compensation.

How Liability is Determined in a Nevada Multi-Vehicle Accident

When deciding fault for a car accident, Nevada follows the rule of “modified comparative negligence.” Under this system, each party involved is assigned a percentage of fault, and the driver primarily responsible for the collision is liable for resulting damages. Therefore, you must be found 50% or less at fault for the crash to recover compensation. This is known as Nevada’s 50% bar rule.

Additionally, if you do share some degree of the blame, your compensation will be reduced in proportion to your level of responsibility. For example, if you are found 30% at fault for your collision, your settlement or award will be reduced by 30%. If you are 51% or more at fault, you cannot hold another party responsible and must rely on your own auto insurance coverage or pay for your losses out-of-pocket.

Types of Evidence That Decides Fault

When investigating your accident, insurance adjusters look for evidence of negligence before deciding fault. Examples of potentially critical evidence in a multi-vehicle accident include:

• The location of the damage to the vehicles.
• The final resting positions of the vehicles after impact.
• Skid marks or any debris on the road.
• Weather conditions.
• Driver statements taken at the scene.
• Eyewitness statements.
• Cell phone recording or video surveillance footage of the collision.
• Cell phone records which can prove a driver was on their phone at the time of the accident.
• Food wrappers or receipts that can also show the driver may have been distracted.
• The police report can be critical, which includes the officer’s unbiased observations, opinion on how the accident occurred, who was to blame, and whether there were any traffic violations.

What To Do After a Multi-Vehicle Accident

After a multi-vehicle accident, taking the right steps can significantly impact your ability to prove another party was at fault:

• Ensure Safety: First and foremost, move to a safe location if possible and call 911 if anyone has suffered severe injuries.

• Contact Authorities: Call the police to report the accident if you do not call 911. An official police report is a crucial piece of evidence in determining fault.

• Gather Information: Collect as much information as possible, including:
  • Names, contact information, and insurance details of all parties involved.
  • Vehicle makes, models, and license plate numbers.
  • Eyewitness statements, if available.
  •  Weather and road conditions at the time of the accident.

• Document the Scene: Take photographs or videos of the accident scene, including vehicle damage, skid marks, traffic signals, and any other relevant details.

• Avoid Discussing Fault: Avoid making statements or admissions of fault to anyone.

• Seek Medical Attention: If you are not taken to the hospital, seek medical attention as soon as you leave the scene. Some injuries may not be immediately apparent, and medical records must also link your harm to the crash.

• Preserve Documentation: Keep all records related to the accident, including medical reports, repair estimates, and any correspondence with insurance companies.

• Speak to Witnesses: Talk to eyewitnesses and ask for recorded statements about what they saw. Their accounts can help establish a clear picture of how the accident unfolded.

• Consult a Lawyer: It is highly advisable to speak to an experienced car accident lawyer in Las Vegas. They can provide valuable guidance on how to navigate the legal process and build a strong case for liability.

• Notify Insurance Companies: Report the accident to your insurance company. Provide them with all relevant information, but be cautious about making statements on fault.

If you or someone you love has been involved in a multi-vehicle accident, arrange a free consultation with a trusted personal injury attorney that specializes in car collisions. They have the resources to investigate, collect evidence, and hire experts to ensure that liability is assigned correctly.