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Who Is at Fault in a Sideswipe Car Accident?

In a sideswipe accident, fault is not always certain. The accident report will state who the police think is at fault. If you disagree with their decision, you can make your argument to the insurance company.

You could be entitled to collect compensation for your accident-related damages, including:

  • Past and future medical expenses, mental anguish, and pain and suffering
  • Past lost wages
  • Reduced earning capacity
  • Car repairs
  • Adjustments to your home, like ramp installment
  • Mobility aids, like a wheelchair

Nevada Is a Fault State

After experiencing an accident in Nevada, the first place you should turn is the insurance company of the at-fault party. If the other party is at fault, you can file a claim with them.

How Do You Prove the Other Party Was Negligent and at Fault for the Sideswipe Accident?

In order to secure a settlement, you will need to show that:

  • The other party owed you a duty of care.
  • The other party violated this duty of care.
  • The other party caused the accident.
  • The accident resulted in your losses.

Evidence can support your argument. You can collect the following sources of proof:

  • The accident report
  • Photos and videos of your injuries and vehicle damage
  • Your written testimony
  • Eyewitness testimony
  • Medical documents and receipts
  • Invoices for vehicle repairs
  • Wage statements
  • The other party’s driving record
  • Security and traffic camera footage of the accident

How Your Sideswipe Accident Occurred Could Affect Your Settlement

Every accident is different (and is shaped and caused by different circumstances). Yours could have occurred in any of the following ways:

  • A reckless driver tried to cut you off in traffic.
  • A car pulled out of a street parking spot and into your moving lane of traffic.
  • A parking vehicle hit your parked car.
  • A motorcycle tried to pass you within the same lane (lane-splitting is illegal under NRS §486.351).
  • A merging lane was designed too short.

In the last situation mentioned above, you could have an opportunity to file a claim against the municipality in charge of building and designing roads.

Should You Retain a Lawyer to Handle Your Side-Swipe Car Accident Case?

You can hire a legal professional to guide you at this time. They could help you in a variety of ways, including the following:

They Could Provide Their Knowledge to Your Benefit

You might not be familiar with the claims process or how to file a lawsuit. Your lawyer will be aware of the steps you can take to retain a fair settlement, as they do this kind of thing every day.

Also, they could analyze your case for any opportunity to claim losses. Some damages might not register as ones that could make you eligible for an award. However, they will have seen many cases like yours and know what to look for.

They Can Perform Duties That Directly Move Your Case Along

Your injuries could prevent you from working, let alone compiling all available evidence for your case. Your lawyer can put all of the proof in your case into your claim for compensation that they send to the insurance company. Additionally, they can assign a value to your losses (past and future).

They Can Be Your Advocate

Your lawyer could keep you up-to-date until the end of your case. They can let you know of any developments or settlement offers. They can also tell you about your options and protect your rights. If you need to file a lawsuit, they can help you do so—and can stand by you in court if they cannot secure a settlement via negotiation with the insurance company.

They Will Help You Stay Within the Nevada Statute of Limitations

You might not be aware that every state has a different timeline on how long an accident victim has to file a lawsuit after a car accident. In Nevada, you have two years under NRS §11.190(4)(e). If you do not file before this timeline runs out, you generally would risk your right to compensation.

Your lawyer can look at your case to see if there is any way you could toll the time frame, though. For example, if your child was injured in the accident or the other party left the state after harming you, this option could be available to you.

We Have Received Hundreds of Millions of Dollars for Our Past Clients

At our firm, we have helped Nevada residents secure justice after suffering accidents for a combined six decades. Some of our past clients received settlements of the following amounts:

  • $9,000,000 for neck injuries caused by a motor vehicle accident
  • $560,000 for back injuries due to a car accident
  • $500,000 for a hip injury caused by a motor vehicle accident

Call on the Attorneys at High Stakes Injury Law for Help After a Sideswipe Car Accident

We do not charge prospective clients for consultations. In fact, you won’t owe us anything unless and until we secure an award for you. Call High Stakes Injury Law today to learn about how fault is determined in a sideswipe car accident case.



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Clients' Stories

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  • Do I Have A Case?
  • Dealing With The Insurance Company
  • When a Lawsuit Is Filed
  • Overcoming Common Defense Themes
  • Special Considerations in Specific Types of Cases