Steps To Take At The Scene Of The Car Accident
Have You Been Injured In A Car Wreck? Contact Our Reno Car Crash Lawyers:
6 Step Process to Get Going
Anyone who drives a vehicle in Nevada must have vehicle insurance. Nevada is an ‘at fault’ state which means that if you are in a car accident, the person who causes the accident (or that person’s insurance company) has to pay for the damage. If you are in a car accident and are able to move around or talk, you should take certain steps immediately following the accident to help with the investigation into your case. The one thing you shouldn’t do is to speak with any insurance company, even your own. You could inadvertently give it information that it may use to shift fault to you. Even if you do believe that you’re at fault for your accident, don’t discuss the accident with any insurance company; let your Reno personal injury attorney handle all discussions with insurance companies. If you’ve sustained any injuries in a car accident, contact an experienced Reno car accident lawyer as soon as possible.
According to Nevada Department of Transportation (NDOT) crash data, more than 7,000 traffic accidents occur in Washoe County each year, resulting in hundreds of injuries and dozens of fatalities. Mechanical failure, heavy traffic, inclement weather, and driver behavior can all contribute to a car accident, but whatever the cause, the majority of crashes are preventable.
Seek Immediate Medical Assistance After The Traffic Accident
Always seek medical attention following an accident, even if you think and feel that you’re uninjured. Some injuries take hours or even days to show up. When you get checked out, make sure to keep all of your hospital bills. You will need to give copies of them to the other driver’s insurance company for reimbursement.
Gather Information And Evidence Of The Damage
If you are able to move around safely following an accident, make sure to take note of the other involved individuals’ contact, registration, and license information, after you call first responders. You should also take pictures of both cars from every angle. If either vehicle left skid marks or marks where it might have gone off the road, take pictures of the marks. The pictures may help your attorney determine fault for purposes of a settlement or lawsuit. This is important because the police report may incorrectly assign fault to you, which you can use photos to dispute.
Notify Your Auto Insurance Company
It is always important to contact your auto insurance company immediately following an accident to report the crash. While you must notify them, it is important to not explain the details of the crash, who you think is at fault, the details of your injuries, or vehicle damages. Simply report the incident and let your attorney handle the rest.
Investigation Of Liability & Medical Records
It is important to have your injuries on record as soon as possible following an accident. The claims adjuster at your insurance company will be investigating your medical records as they negotiate a fair settlement amount with your lawyer. They may have more questions about your injuries or ask for an independent medical exam.
Initiate A Free Consultation With A Personal Injury Attorney In Reno
Most personal injury law firms in Reno offer a completely free initial consultation where you can discuss the car accident and your injuries, and get legal counsel regarding your next steps. Take advantage of the free consultation from Benson & Bingham!
Determine a Fair Settlement For Your Injuries
No matter the extent of your injuries, you deserve to receive compensation. Your attorney will negotiate with insurance to consider a variety of factors as they determine a fair settlement amount for you, including who is at fault, lost wages from missing work, rehabilitation expenses, emergency or surgical expenses, and more.
Mediate & Negotiate To Resolve The Personal Injury Dispute
With a competent Reno personal injury attorney on your side, you will have the freedom to rest and focus on recovering from your injuries without having to navigate the complexities of negotiation. Your lawyer will advocate on your behalf and ensure you are compensated fairly.
If You Cannot Settle, Take Your Car Accident Injury Case To Court
Consult With Our Reno Car Accident Attorneys For A Free Case Evaluation
Why Hire Our Reno Car Accident Injury Lawyers?
We’ll Help Obtain Compensation For Your Auto Accident Injury Claim
If you sustained injuries in a Reno car accident, you may have the right to recover substantial compensation, if you act quickly. The clock begins running for you to exercise your legal rights from the moment you sustain your injury. Do not wait. Consult our experienced car accident attorneys at Benson & Bingham Accident Injury Lawyers, LLC, right away to learn about your rights and to plot the best course forward.
Recovering Damages For Your Car Accident Injuries
Our Lawyers Can Help You Get The Maximum Compensation For The Following:
If you have sustained an injury in a car accident, you should seek economic, non-economic, and punitive damages in your personal injury claim, depending on the specific circumstances of your accident. Even if you were partially at fault, a court may still award you compensation for your injuries. Your potential damages award could include compensation for the following:
Medical Expenses Both Past & Future
You may receive compensation for any medical costs that you’ve incurred due to injuries sustained during your accident. These are economic or special damages, while future medical expenses are categorized as general or special damages. While future medical costs are unknown, they do eventually have a set amount. However, your attorney must first estimate future medical costs for the purposes of your personal injury claim; thus, it is important to keep him or her apprised of your medical condition, including diseases that might slow healing, such as diabetes or neurological issues.
Property Damage
You’re eligible to seek compensation for the damage to your vehicle and any damaged personal property that was in the vehicle. These are economic or special damages. Items may include damaged clothing, laptop, work items, car seats or booster seats, or even groceries if you were on your way home from the store. Your personal injury lawyer in Reno can help with proper documentation of any items and their worth you want to claim damages for in the accident.
Pain & Suffering
A court may award you compensation for pain and suffering if your injuries cause extreme pain for the long term or permanently. Pain and suffering are general damages that are awarded if you have long-term or permanent back, spinal cord, or brain damage. Current and future rehabilitation or surgical expenses are included. You can claim both physical and emotional pain and suffering, especially if you have little physical injury but are struggling mentally with PTSD, anxiety, depression, or extreme fear. Counseling and therapy costs are included in emotional pain and suffering compensation.
Loss Of Consortium
This is another general damage that courts award if you are not able to have a physical relationship with your spouse due to injuries sustained in your accident. You may transition from a lover and equal partner to a full-time caregiver, particularly if your loved one experienced a life-altering injury that results in paralysis, brain damage, loss of limbs, or chronic extreme pain. You can be compensated for the time spent driving your loved one to and from medical appointments and rehabilitation, and the unexpected financial burden that is suddenly on your shoulders.
Past & Future Lost Wages
A court may award you compensation for the money you’ve missed out on due to your inability to work because of the injuries you sustained in your accident. While past lost wages are considered economic or special damages, future lost wages are considered general or special damages. While future lost wages are unknown because you may not know the amount of time it takes for you to heal, or because you are suffering from long-term or permanent damage, your attorney can estimate them and include them in your damages request.You deserve full compensation for your financial stress!
Meet Our Expert Team Of Reno Car Accident Attorneys
At Benson & Bingham Accident Injury Lawyers, LLC, we understand the difficulty you have endured and the battle you face as you recover and seek compensation. As an experienced car accident law firm in Reno, we will never take advantage of your situation or push you to hire our services. Instead, we listen to your concerns and strive to show you how passionately we will advocate for you and fight for a successful outcome on your behalf. We believe you deserve to be compensated fully for your struggles.
Meet the AttorneysClient Testimonials
Reno Best-Reviewed Personal Injury Lawyers
I suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
I picked this place and I’m so glad that I did. Ida was very helpful and professional. If I had questions they were answered. I would definitely use them again in the future and I would definitely recommend them to anyone. Thank you for your service I appreciate it.
What I love about Benson & Bingham, especially from my attorney, Lina, I felt informed and cared for my health. She made sure I was ok at all times through my injury. I hate I had the accident, but it was comforting to know I was well taken care of.
Read More Reviews
Award-Winning Car Accident Law Firm In Reno
Recent Settlements & Victories
Total Recovered By Verdicts For Clients
Over the past 20 years of service, Benson & Bingham’s Reno accident injury lawyers have helped clients successfully recover a collective $500 million in compensation for personal injury cases throughout the state of Nevada.
Car Accident
To date, Benson & Bingham Accident Injury Lawyers has represented clients facing wrongful injury from a vehicle accident, with successful recovery of over $2.1 million. We fight diligently to protect the rights of our clients and help them navigate the legal process.
T-bone Car Accident
With over $2 million recovered in damages for clients injured in a t-bone car accident, Benson & Bingham is the highest rated personal injury law firm near you in Reno. We are equipped and ready to help you seek compensation for your injuries or the wrongful death of a loved one.
Visit Our Car Accident Lawyers Near You In Reno For A Free Consultation
Reno, NV 89502
If you were in a car accident, or if you lost a loved one in a car accident, call Benson & Bingham Accident Injury Lawyers, LLC at (775) 600-6000, or contact us online, to schedule your free consultation with an experienced member of our legal team. We also serve clients in Lake Tahoe, Sparks, and Carson City.
Understanding Car Accident Laws In Nevada
Nevada Is a Fault State
According to Nevada law, the person deemed most responsible for causing the vehicle accident or personal injury is held liable to pay for damages through their insurance company. If they have no insurance, they are held personally liable.
Comparative Negligence Law
Under comparative negligence law, even if one party is partially responsible for the accident, they do not have to pay damages. If the courts deem someone to be 50% or more at fault, they must be held liable. If they are less than 50% at fault, they could be eligible to receive compensation.
What Is The Statute of Limitations for Nevada Car Accidents?
According to the statute of limitations, the victim would need to file a claim within two years of the date the injury was received, or within three years from the date of the injury in medical malpractice claims.
Did Another Driver Crash Into You? Contact Our Law Firm Today For A Free Consultation
What Type of Car Accident Were You Involved In?
Our Reno Attorneys Can Handle All Types Of Car Accident Cases Including But Not Limited To:
DUI Accidents
Nevada is known as a Zero Tolerance state, which means that anyone caught driving with any amount of alcohol in their system can be charged with a DUI. Depending on the situation, the driver could face a mandatory suspension of their driver’s license and fines, along with being held liable for any damages they caused.
T-bone Accidents
It can be difficult to tell who is the guilty party in a t-bone accident. There are many factors that must be considered by the courts including the direction of the cars, their speed, the surrounding traffic, distractions inside and outside the vehicle, traffic signs nearby, and more. An attorney can ensure your side of the case is accurately represented.
Rear-End Car Accidents
One of the most common types of car crashes in Nevada is a rear-end collision, often caused by an impatient, tailgating driver. Someone may be unaware of the speed limit, or they may be in a hurry. Other drivers may be distracted by the radio, kids in the backseat, or another car passing them by.
Multi-Car Accidents
Multi-car pile ups are a common issue on Nevada highways. With the high population of drivers always in a hurry to get to their location, it can happen very easily. It is important to have an experienced multi-vehicle accident lawyer in Reno on your side as they investigate and litigate a collision.
Head-On Collisions
According to statistics from Nevada, approximately 1500 head-on collisions occur every year. These can happen for a number of reasons including inclement weather, distracted driving, and driving under the influence. Head-on collisions are responsible for extensive vehicle damage, brain injuries, and even death for all drivers involved.
Sideswipe Car Accidents
Sideswipe accidents typically occur because of a driver’s negligence, whether they are distracted, sleepy, speeding, or under the influence. It is generally easy to prove which driver is at fault, provided all pertinent information has been turned in to the lawyers. While most sideswipe incidents simply leave vehicle damage, in some cases a collision can lead to severe injury.
Common Causes Of Automobile
Accidents In Reno
Distracted/Aggressive Driving
Drivers may be distracted by factors inside their vehicle including their phone, radio, or kids in the backseat, or there may be external factors at play including traffic signs, stoplights, or surrounding vehicles.
Drunk Driver
Driving under the influence of drugs or alcohol is not tolerated in Nevada and can cause extensive physical injury, property damage, and even death. Intoxicated drivers account for a large percentage of vehicle accidents.
Drivers Who Speed
Speeding is a common cause of vehicle accidents in Nevada, especially among taxi or Uber/Lyft drivers. They are often in a hurry to get to their next client or location.
Reckless Driving
Reckless driving is a conscious decision made by a driver to engage in negligent behavior. Consequences of conviction are often more severe than other situations because the driver chose to behave dangerously.
Falling Asleep While Driving
Accidents related to fatigue can be especially severe because the driver has no reaction time or awareness of their negligence. Nevada law considers falling asleep at the wheel to be gross negligence.
Poor Weather Conditions
Inclement weather in Nevada can include rain or fog, causing the roadway to become slippery and dangerous. Low visibility means a higher potential for accidents and subsequent injury to drivers.
Defective Car Parts
Malfunctioning or defective vehicle parts play a contributing factor in vehicle accidents, whether someone fails to properly maintain their car or they were completely unaware of a recalled part in their vehicle.
Evidence Commonly Used In A Reno Car Accident Lawsuit
Proof Of Property Damage
In order to be eligible for compensation regarding property damage, you must show proof of the day and approximate time the property was damaged, typically through photos. Evidence plays a crucial part in property damage lawsuits, so speak with your attorney to ensure you have the appropriate documentation.
Proof Of Injuries
In order to file a claim for personal injury, you must have medical evidence of the injury, copies of your medical bills, and personal identification. It is vital to be evaluated by a medical professional immediately following the accident so that any injuries are on record.
Proof Of Lost Wages
Victims of personal injury typically miss several hours of work and wages due to recovery time and rehabilitation. Keeping records and payslips while you are off work, as well as proof of your earnings before you had to take time off, ensure you are eligible to be compensated.
Evidence From The Scene Of The Accident
Be sure to gather the name and contact information of any other drivers involved in the crash, along with witnesses who are willing to give a statement to law enforcement or your attorney. If you have photos of the scene, they can be helpful in proving your claim.
Additional Evidence
Your lawyer will gather any medical reports or police reports that are filed after the accident. You will need to keep a written journal of your injuries, any medical care received, and photos with dates if possible. Consult with your lawyer for more information about evidence that can be used.
FAQs
About Car Crash Claims In Reno
If a Reno-area car accident caused by someone else’s careless or reckless actions has left you or a loved one badly injured, consult with an experienced Reno car accident injury attorney as soon as possible to learn about your rights to recover compensation from those who did you harm. In the meantime, here are the answers to some of the most frequently asked questions we receive at Benson & Bingham Accident Injury Lawyers, LLC, about Reno car accidents.
Do I Have To File A Crash Report With Reno Police?
If you get into a car accident in Reno in which property damage, injury, or death occurred, then you must report your accident to the Reno Police or the nearest office of the Nevada Highway Patrol. The best, safest, and most conscientious way to do so is to call 911 from the accident scene.
We always advise people to err on the side of caution. If the accident results in any property damage, or even the slightest injury, report it.
What Are The Costs Involved In Retaining A Reno Motor Vehicle Accident Lawyer?
Personal injury lawyers typically receive approximately one-third of the total settlement amount you receive for your injuries, as payment for their services. At Benson & Bingham, we will never take advantage of your situation and are dedicated to helping you receive the full compensation you deserve. We will never charge you a dime until you have successfully received the full settlement.
What If I Was A Victim Of A Hit and Run Car Accident?
If you were involved in a hit and run car accident, it is imperative that you contact a lawyer immediately. An experienced Reno hit and run accident attorney will offer a free consultation where you can discuss your case, your injuries, and your questions, and learn more about the legal options available to you.
Should I Accept The Insurance Company’s Offer?
By retaining an attorney, you maximize your potential compensation. Oftentimes, an insurance company will increase its settlement offer immediately upon your retention of legal counsel. Insurance companies are in the business of making money and attempt to protect their bottom line regardless of how it affects the lives of injured individuals. The less an insurance company pays out, the more profit it makes. A car accident lawyer will make sure you get a fair and reasonable settlement or else file a personal injury lawsuit.
In the event that you are incapacitated because of an accident, you should have a loved one contact a car accident attorney for you. If you lost a loved one in a car accident, you should contact a lawyer as soon as possible regarding your eligibility to file a wrongful death claim. It is pertinent to start working on your case as soon as possible so that your attorney has adequate time to negotiate with insurance companies and prepare to file a lawsuit, if necessary.
What Are Some Common Car Accident Injuries?
Car accident injuries range from minor to catastrophic. Additionally, the accident itself may not cause you injury, but the airbags can cause injuries, including burns. Injuries that you could potentially suffer when you are in a car accident include:
- Scrapes, Cuts, Abrasions, And Bruises: These generally heal quickly unless open cuts are deep. Regardless of the size or depth, an open wound can become infected, which means it will take longer to heal and may need additional medical care.
- Broken Bones: You may suffer from fractures or compound fractures. A compound fracture involves a bone that breaks through the skin, creating an open wound. These wounds may get infected, in which case the injury will take longer to heal.
- Catastrophic Injuries: These types of injuries include head and brain injuries and neck and spine injuries. These can take months to heal and may even leave you disabled for the long-term or permanently. Catastrophic injuries may include head and neck injuries, spinal cord injuries, brain injuries, internal bleeding, and damaged internal organs.
Can I Sue If A Family Member Died In a Reno Car Accident?
Nevada law permits eligible family members to take legal action via a wrongful death lawsuit against anyone at fault for causing the death of a loved one. Through this type of lawsuit, grieving families can receive compensation for grief, loss of probable support, companionship, society, comfort, and consortium, and damages for the pain, suffering, or disfigurement a loved one suffered.
A jury may also award the personal representative of a deceased person’s estate special damages for medical expenses before death, funeral expenses, and punitive damages if the wrongful death was a result of intentional harm or gross negligence.
Nevada law also allows the personal representative of the deceased person’s estate to file a survival action, which is, in effect, a lawsuit the deceased person could have filed had he or she survived, instead of succumbing to, car accident injuries. The personal representative, typically the executor or administrator of the estate, can recover losses and damages that the loved one incurred before death.
If I File a Lawsuit After a Car Accident, What Compensation Can I Receive?
Taking legal action after a car accident means seeking compensation from any individual or entity whose actions or decisions caused the accident and resulting injuries.
Every case has its own unique features, but this type of legal action typically seeks to recover the costs of:
- Medical treatment including ambulance ride, emergency room visit, hospital stay, X-rays, surgery, aftercare, and medication
- Future medical treatment when a car accident leads to a severe injury requiring multiple surgeries, extensive recovery, or a permanent disability
- Lost wages for time away from a job as a result of the accident, hospitalization, and recovery
- Lost future wages when a severe car accident causes catastrophic injuries that prevent an accident victim from returning to work or seeking gainful employment in the future
- Rehabilitation services including physical therapy, occupational therapy, behavioral therapy, and any other specialized therapy to help accident victims regain function or cope with their injuries
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of consortium with a spouse
- Exemplary damages in rare cases when injuries are a result of gross negligence
No one can predict in advance whether all (or any) of the categories of damages listed above will apply in a particular Reno car accident case. The most reliable way to determine what damages you might seek after getting injured in a Reno car accident, and the potential amount of those damages, is to work with an experienced motor vehicle accident injury lawyer.
How Can A Reno Car Accident Lawyer Help With My Case?
Attempting to file a personal injury claim independently will likely result in you receiving a much lower settlement than you deserve. The defendant’s insurance company may offer you a settlement right away, but it will be a lowball offer. With an attorney on your side, you can focus on rest and recovery while your lawyer negotiates on your behalf for the full compensation you deserve.
How Long Do I Have to Take Legal Action After a Reno Car Accident?
If you have suffered injuries in a car accident in the Reno area, consult with an experienced car accident attorney as soon as possible. Generally speaking, Nevada law gives you two years from the date of injury to file a lawsuit against anyone with a legal liability for your car accident injuries. However, exceptions may apply that shorten or lengthen this time period. Better to be safe than sorry: call a lawyer as soon as you can to protect your rights to compensation.
The Other Driver Left The Scene Of The Accident. Now What?
Leaving the scene of the accident is a crime in Nevada and every other state. The financial consequences of a hit-and-run driver’s choice to flee the scene can have the most severe impact on accident victims. Unless the authorities identify and apprehend the driver, victims may not have someone from whom to seek compensation for their injuries.
After sustaining injuries in a Reno hit-and-run accident, some victims can seek compensation from their own uninsured motorist insurance coverage, if they carry it. Those who do not may need the help of an experienced Reno car accident injury attorney to help them track down information and evidence the Reno Police may have missed, and which may help to identify the hit-and-run driver.
A lawyer can also evaluate whether the actions of other, known parties played a contributing role in the accident, and thus may have a legal liability for a victim’s injuries even if the hit-and-run driver remains unidentified.
Read More On Car Accidents
Inside Our Personal Injury Blog
Additional Resources
- If You Rear-End Someone, Is It Always Your Fault?
- How to Prove Fault in a T-Bone Car Accident
- Head On Collision Claims
- What if a Car Accident Was Caused by a Brake Malfunction?
- 5 Things You Should Never Say after A Car Accident
- Driver Liability in Texting & Driving Car Accidents: How Much Can I Sue For?