Fatal Car Accident Lawyer in Las Vegas

Frequently, more than one party will be liable in fatal car accident cases. An experienced Las Vegas fatal car accidents lawyer can review your case to help determine who is responsible.

The following parties can be sued in a fatal car accident lawsuit:

Possible At-Fault Parties

Liability for the accident is divided among those responsible for causing or contributing to the accident. Several parties may share liability.

Negligent Drivers

Nevada’s most common causes of fatal crashes are speeding, DUI, texting, recklessness, or failing to yield. Zero Fatalities Nevada estimates DUI was involved in 42% of traffic fatalities in the state over the last decade.

Commercial Vehicle Operators and Employers

If the responsible driver was employed, then the employer may be held liable under the respondeat superior principle. This applies to trucking companies, delivery services, and (in some cases) rideshare drivers. Hours of service rules imposed by the FMCSA also impose limits on hours worked. Violations can be treated as neglect.

Vehicle Manufacturers: Defective Parts or Failures

If a defective auto product such as faulty brakes, tire blowouts, or defective airbags played a role in the crash, the at-fault party may be liable under Nevada’s product liability law. Nevada also has a design defect cause of action rule that may use the consumer-expectation test.

Government Entities (Dangerous Road Conditions)

In some cases, government entities can be liable for unsafe road design, failure to install warning signs, and dangerous intersections under special rules. The government entity may receive notice of a tort claim against it under NRS 41.036. There is a statutory cap on damages per tort claim of $200,000 (NRS 41.035).

The damages available will depend, in part, upon whether a cause of action is brought by the family. It may also be brought by the estate of the deceased.

Wrongful Death Damages for Surviving Family Members

Under NRS 41.085, heirs are granted damages for grief and sorrow, loss of financial support and closeness with the decedent. This does not include pre-death pain and suffering of the deceased. The costs of the funeral and burial are also covered.

Survival Action Damages: Claims on Behalf of the Estate

Survival actions account for losses up until death. Under NRS 41.100, damages may include medical costs, lost wages and loss of use of property. In any case, damages would go to the estate and be subject to the deceased’s debts.

Economic vs. Non-Economic Losses

Economic losses may include:

• Lost income and future financial support
• Medical debts incurred prior to death
• Funeral and burial costs
• Property damage from the crash

Non-economic losses may include:

• Grief and sorrow
• Emotional distress
• Loss of guidance, companionship, and comfort

Taking the right steps at the right time can strengthen your case and protect your rights.

Step 1: Obtain official documents. Immediately, obtain a copy of the official accident report, and the death records.

Step 2: Preserve the evidence. Save photos, the contact information of witnesses, your insurance and crash-related documents all in one place.

Step 3: Avoid speaking to an insurance adjuster without first talking to a lawyer. Insurance adjusters can ask questions that may hurt your case. Letting a Las Vegas fatal car accident attorney speak for you may be a smart move.

Step 4: Identify who may file the claim: the deceased person’s spouse, child, parent, or a personal representative of the deceased person’s estate.

Step 5: Speak to a lawyer who can help determine whether your family is entitled to file a wrongful death claim. They can also advise on a survival action, or both.

Head-on, T-bone, and rollover crashes are the most fatal crash mechanisms. As with other types of crashes, these crashes may cause TBI, internal bleeding, spinal cord injury, burns and more. According to the Centers for Disease Control and Prevention, motor vehicle collisions are the leading cause of TBI deaths in the United States.

These life-changing injuries are one of the most common reasons car accident cases turn into wrongful death cases.

Under Nevada law, specifically NRS 41.085, only the heirs of a deceased person may file a claim. The personal representative of the deceased person’s estate may also file.

Family Members Who Qualify Under Nevada Law

Standing is determined by relationship to the deceased, which can include the following family members:

• Surviving spouse
• Children of the deceased
• Parents (if no surviving spouse or children)
• Other dependents in certain situations

Role of the Personal Representative of the Estate

The personal representative files the claim on behalf of the estate. They can be anyone named in the will or appointed by the court. They cover survival action claims for losses occurring before death.

If the plaintiff wants to recover damages, they must show that the accident was caused by someone else, and prove negligence.

Negligence in Wrongful Death Cases

In a Nevada wrongful death case, the plaintiff must prove the defendant owed a duty to the deceased and breached that duty. They must also prove the breach caused the death. The plaintiff must show actual damages due to the breach of duty.

How Fault Is Proven

There are many types of evidence that can help prove negligence:

• Police reports, and other accident reports
• Witness statements and recorded interviews
• Crash reconstruction analysis
• Medical records and autopsy reports
• Photos, videos, and dashcam footage
• Cell phone records indicating distracted driving
• Electronic data recorder (black box) data

Expert testimony is often used in fatal cases to explain especially difficult pieces of evidence to a judge or jury.

Fatal car accidents raise legal questions that are quite different from other types of personal injury.

Differences Between Personal Injury and Wrongful Death

In a personal injury case, the plaintiff brings the suit on their own behalf. In a wrongful death case, the family or estate of the deceased person brings the suit. This means Nevada law allows both survival and wrongful death claims. Las Vegas fatal car accident lawyers commonly handle personal injury and wrongful death cases at the same time.

Families Encountering Emotional and Financial Challenges

Families can often be dealing with grief, loss of income, and unexpected expenses all at once. The legal process can make matters more complicated at a difficult time. That’s why trusted Las Vegas fatal car accident attorneys can be an asset.

Why Insurance Companies Handle Fatal Cases Differently

As the potential for greater damages exists if the death claim is legitimate, insurer response may be more aggressive. Tactics may include disputing liability, minimizing damage amount, delaying claims, and demanding recorded statements.

Many fatal accidents share similar causes. Studies from national safety groups point to clear trends in how these crashes happen. These patterns help explain why some collisions turn deadly while others do not.

1. Speeding or Driving Too Fast for Conditions

Speed is one of the most consistently identified factors in fatal crashes. According to the National Highway Traffic Safety Administration (NHTSA), speeding was a contributing factor in 29% of all traffic fatalities in 2023.

Speed does not just mean exceeding the posted limit. It can also include driving too fast for traffic, weather, or road conditions. Higher speeds reduce reaction time and increase the force of impact, which can make a crash more likely to result in death.

2. Alcohol-Impaired Driving

Alcohol is a well-known factor in deadly crashes. In 2022, the CDC reported 13,524 deaths linked to alcohol-impaired driving. That number represents 32% of all traffic fatalities.

Alcohol can change how a driver thinks and reacts. It slows response time and affects decision-making. Even a small amount can make driving more dangerous.

3. Distracted Driving

Distraction continues to be a concern on the road. NHTSA reported that 3,047 fatal crashes in 2022 involved some form of distraction.

Drivers may become distracted by phones, controls, or other activities. These moments of lost attention can quickly lead to a crash.

4. Driver Fatigue and Drowsy Driving

Fatigue is a serious but sometimes hidden factor. CDC and NIOSH research suggests that some fatal crashes involve tired drivers.

Fatigue reduces awareness and slows response time. Drivers may not notice hazards in time. In some cases, they may fall asleep while driving.

5. Red-Light Running and Intersection Violations

Ignoring traffic signals can lead to severe crashes. IIHS reports that 1,086 people were killed in crashes involving red-light running in 2023.

These crashes often occur at intersections and involve side impacts. Side impacts can be severe because there is less protection compared to other areas of the vehicle.

6. Driver Inattention and Recognition Errors

Many crashes happen because a driver fails to notice a hazard in time. NHTSA crash-causation research found that recognition errors, including inattention, distraction, and inadequate observation, were the most frequently assigned critical reason in crashes where a driver factor was identified.

These situations can include failing to see another vehicle, misjudging speed or distance, or not recognizing a dangerous condition until it is too late to react.

If you’re considering filing a lawsuit after a fatal car accident in Nevada, it’s helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a plaintiff to recover damages if their negligence is not greater than the negligence of the defendant or combined defendants, with damages reduced in proportion to the plaintiff’s percentage of fault.

Example: If someone is in a car crash and then is found to be 20% at fault, and the other driver is 80% at fault, they can still recover damages. However, their total compensation would be reduced by 20% based on their share of fault.

Nevada’s Statute of Limitations Law

NRS 11.190 – Requires actions to recover damages for injury or death to be commenced within 2 years, unless otherwise specified.

Other Related Nevada Laws

NRS 41.085 – Allows heirs and personal representatives to bring an action for damages when a person’s death occurs.

NRS 484E.010 – Requires a driver involved in a crash resulting in injury or death to immediately stop at or near the scene and remain there until required duties are completed.

NRS 484E.030 – Requires a driver involved in a crash to provide identifying information, exhibit a driver’s license upon request, render reasonable assistance to injured persons, and report the crash if no police officer is present.

NRS 484E.070 – Requires a driver involved in a crash meeting specified conditions to submit a written or electronic report to the Department within 10 days, unless an exception applies.

NRS 484B.600 – Prohibits driving at a speed that is unreasonable for conditions, exceeds posted limits, endangers persons or property, or exceeds 80 miles per hour.

NRS 484B.223 – Requires drivers to remain within a single lane, use a turn signal before changing lanes, and follow restrictions on the use of center and turn lanes.

NRS 484B.227 – Requires a driver on a divided highway to remain on the right-hand roadway and prohibits crossing or turning across a dividing barrier except at designated openings.

NRS 484B.253 – Requires a driver intending to turn left at an intersection to yield the right-of-way to oncoming vehicles that are within the intersection or close enough to constitute an immediate hazard.

NRS 483.230 – Requires a person to have a valid driver’s license to operate a motor vehicle or control a towed vehicle on a highway and prohibits possessing more than one valid driver’s license.

Call Winder Law Firm at (702) 789-2475 to schedule a free, confidential case review. We only get paid if your family recovers damages, and you pay us nothing out of pocket.

Contingency Fee Disclaimer: Clients may be responsible for court costs. In some cases, they may also be responsible for opposing parties’ fees if a recovery is not obtained.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117