Can Passengers File a Claim in a Head-On Collision Accident in Las Vegas?
Head-on collisions are among the most dangerous types of car accidents, often resulting in severe injuries or fatalities for everyone involved, including passengers. When a head-on collision occurs, passengers may face substantial medical expenses, lost wages, and pain and suffering due to injuries they did not cause. In Las Vegas, passengers injured in these accidents have legal rights, including the right to file a personal injury claim. Our Las Vegas Head-on Collision Lawyers at Mainor Ellis will help you understand what you need to know about filing a claim as a passenger in a head-on collision in Nevada.
Passengers’ Right to Compensation
In Nevada, passengers have the right to seek compensation for their injuries when they are involved in a head-on collision. Unlike drivers, who may sometimes bear partial responsibility for an accident, passengers are typically considered fault-free parties. This distinction allows passengers to pursue compensation without facing issues of shared liability. Injured passengers can file a personal injury claim against the at-fault driver(s), and in certain cases, they may be able to pursue claims against both drivers involved in the collision.
Determining Liability in Head-On Collisions
Head-on collisions are often caused by one or more drivers’ negligence. Common causes include distracted driving, impaired driving, speeding, and failing to stay in the proper lane. In some cases, both drivers may share fault for the accident. For instance, if one driver was speeding and the other was distracted, both may bear partial responsibility. Nevada’s comparative negligence laws allow multiple parties to be held liable in such cases.
For a passenger seeking compensation, this shared liability can actually work in their favor. Passengers can file claims against both drivers’ insurance policies if they both share responsibility, increasing the likelihood of recovering full compensation for medical bills, lost wages, and other damages.
Steps for Filing a Passenger Injury Claim
If you were injured as a passenger in a head-on collision, taking certain steps can strengthen your case and improve your chances of securing compensation:
- Seek Medical Attention Immediately: Even if you believe your injuries are minor, seek medical attention right away. Some injuries, like whiplash or internal injuries, may not be immediately apparent. Medical records serve as essential evidence for your claim, establishing a link between the accident and your injuries.
- Gather Information: Collect as much information as possible at the scene. This includes names, contact information, and insurance details for both drivers, as well as contact information for any witnesses. Photos of the accident scene, vehicle damage, and any visible injuries can also be helpful.
- Report the Accident: Ensure that a police report is filed. This report will contain crucial details about the accident, including statements from both drivers and any potential traffic violations, which can be valuable for determining liability.
Types of Compensation Available to Passengers
As an injured passenger, you may be entitled to several forms of compensation, including:
- Medical Expenses: Coverage for all medical bills, including hospital visits, surgeries, and rehabilitation.
- Lost Wages: Compensation for time missed from work due to injuries.
- Pain and Suffering: Damages for physical pain, emotional distress, and decreased quality of life caused by the accident.
- Future Medical Costs: For serious injuries, you may receive compensation for future medical expenses related to long-term treatment or rehabilitation.
Protecting Your Rights as a Passenger
Navigating the claims process as an injured passenger can be challenging, especially when dealing with multiple insurance companies. At Mainor Ellis, we understand the complexities of head-on collision cases and the rights of passengers involved in these accidents. If you’ve been injured in a head-on collision as a passenger in Las Vegas, our team is here to help you pursue the compensation you deserve. Contact us to schedule a consultation and discuss your case with an experienced personal injury attorney.
Source:
leg.state.nv.us/nrs/nrs-041.html