Were you recently injured in a car accident in Henderson, Nevada? If the accident was caused by the negligence of another party, you have grounds to seek financial compensation through a car accident lawsuit or insurance claim. At the Cottle Firm, our team of experienced Henderson car accident lawyers has helped thousands of car accident victims fight for the compensation they deserve. Contact us today to learn more about filing a personal injury claim for car accident injuries in Henderson.
What Should You Do After a Car Accident?
Car accidents are relatively common, so all drivers should have a plan for how to respond if they get into a crash. Consider following these steps to protect yourself and your legal rights following a car accident.
Seek Medical Care
Check yourself and any passengers in your vehicle for injuries as soon as possible. Even if you do not have any obvious injuries at the scene, you should still seek medical care. Some types of car accident injuries have delayed symptoms that may not appear until hours or days after the crash.
Prompt medical care is vital, as delaying treatment could make your recovery more difficult than it needs to be. In addition, medical records are typically a key piece of evidence in personal injury claims and lawsuits for car accident injuries. You will need to show documentation of your injuries when seeking financial compensation.
Move to a Safe Location
If your injuries are not too severe and your vehicle is not too damaged, you should move away from the scene to a safe location while awaiting emergency responders. Pull your car to the side of the road if possible. If your vehicle is severely damaged or you are too injured to move, wait where you are while awaiting emergency assistance.
Exchange Information
While awaiting emergency responders and police, you should exchange contact and insurance information with anyone else involved in the crash. Avoid discussing fault during this time and simply exchange this information without commenting on the accident. Saying the wrong thing to the other driver could potentially hurt you in an insurance claim or lawsuit.
It is recommended to exchange the following information with the other driver after a car accident:
- Full names
- Phone numbers
- Insurance providers and policy numbers
- License plate and driver’s license numbers
- Type, color, and model of all vehicles involved
Document the Scene
You should document as much as possible at the scene of the accident, as you will need evidence when filing an insurance claim or lawsuit. Consider taking the following measures to document the scene of your car accident:
- Get the names and badge numbers of responding police officers
- Request a copy of the police report for the accident
- Take pictures of the vehicles from different angles, including all damage. If any hazards may have contributed to the crash, such as an oil spill, photograph those as well.
- Record the names and addresses of everyone involved in the crash, including your own and those of any passengers.
- Speak with anyone who witnessed the crash and take down their names and contact information.
Contact Insurance Company
You should contact your insurance provider as soon as you can, ideally while you are still at the scene of the crash. They can let you know what they need from you to process your claim and what to expect from the claims process.
Avoid communicating with the other driver’s insurance provider. Insurance adjusters are skilled at finding ways to limit or deny your payout and may attempt to get you to agree to an unfair settlement offer. It is usually best to hire a Henderson car accident lawyer to negotiate with the insurance provider on your behalf.
How Can a Lawyer Help?
If you have recently been injured in a car accident, you are free to go through the claims process on your own. However, in most cases, it is best to seek legal guidance from an experienced Henderson car accident attorney. At the Cottle Firm, our attorneys can help in the following ways.
Investigating the Crash
Our attorneys can conduct a comprehensive investigation of the crash to determine who was at fault. We look for evidence of negligence by the other driver, such as breaking traffic laws, distracted driving, or driving under the influence.
Gathering Evidence
Evidence of liability and damages are both key when filing a car accident claim. Your car accident lawyer can help gather evidence that shows the other driver (or another third party) was negligent and that this negligence caused the crash. In addition, your attorney can collect evidence that shows the damages you have suffered, such as medical bills, lost wages, and pain and suffering.
Communicating With Insurance Companies
Navigating the insurance claims process can be difficult on your own, especially when it comes to negotiating with the other driver’s insurer. Their insurance adjuster’s job is to limit your payout as much as possible, but an experienced car accident lawyer understands how the claims process works and how to communicate with these adjusters.
Your attorney can negotiate a fair settlement on your behalf or file a personal injury lawsuit if the other insurance provider is unwilling to make a fair offer.
Common Causes of Henderson Car Accidents
In a car accident investigation, determining the cause or causes is of the utmost importance. Most car accidents involve some form of negligence by at least one of the drivers involved in the crash. Here is an overview of some of the most common causes of car accidents in Henderson.
Speeding
Speeding is one of the most dangerous and most common negligent driving behaviors. When an accident occurs due to speeding, there is a much higher chance of severe or fatal injuries. According to the National Safety Council (NSC), speeding was a factor in 29% of all traffic deaths in 2021.
Breaking Traffic Laws
Traffic laws are designed to keep our roads safe. Drivers who fail to follow these laws put themselves and all other motorists, pedestrians, and cyclists at risk of serious injuries. Some of the most commonly violated traffic laws in car accident cases include:
- Driving over the speed limit
- Running through red lights and stop signs
- Failure to yield
- Tailgating
- Texting and driving
Drunk Driving
Along with speeding, drunk driving is one of the top causes of fatal car accidents. According to the Centers for Disease Control (CDC), alcohol was a factor in 30% of all traffic-related deaths in 2020. If you or a loved one was injured or killed in a crash involving a drunk driver, you may have grounds for a lawsuit.
Distracted Driving
Staying alert and aware of your surroundings is one of the most important aspects of safe driving. Anything that takes your attention away from the road increases your risk of getting into an accident. But sadly, distracted driving is still all too common.
Some of the most common forms of distracted driving include:
- Texting
- Eating and drinking
- Talking on the phone or to passengers
- Using the radio or navigation system
Henderson Car Accident FAQs
Can I Still Seek Compensation If I Was Partially At Fault?
Nevada uses a modified comparative negligence system, which means that all parties involved in a car accident are evaluated for negligence and assigned a percentage of fault. Even if you are deemed partially at fault for your car accident, you may still recover damages as long as you were less than 50% at fault.
If you were partially at fault and are awarded damages or a settlement, the total amount will be reduced in proportion to your percentage of fault. So if you were deemed 25% at fault and received a $100,000 settlement, your total payout would be reduced to $75,000.
How Much Compensation Can I Collect For My Car Accident Injuries?
Each car accident case is unique and the amount awarded in a settlement varies depending on several variables. At the Cottle Firm, our Henderson car accident lawyers work to help our clients recover financial compensation for all of the damages they have suffered due to their injuries.
When negotiating a settlement, your lawyer and the other driver’s insurance provider will consider the severity of your injuries, the amount of your lost wages, your medical bills, damage to your car, and non-economic factors, such as pain and suffering. The final amount will be based on these damages.
Learn More From Our Henderson Car Accident Lawyers
If you or a loved one has recently been injured in a Henderson car accident, it is important to be aware of your legal rights and what to expect from the claims or lawsuit process. The team of dedicated Henderson car accident lawyers at the Cottle Firm takes pride in helping our clients fight for the full financial compensation they deserve based on the economic and non-economic damages caused by their injuries. Contact us today to learn more about filing a car accident insurance claim or personal injury lawsuit for an accident caused by negligence.
Related: Henderson Truck Accident Lawyer