Las Vegas Side Impact Collision Lawyer

Who can be liable in a side impact collision lawsuit largely depends on who caused or contributed to the crash. Drivers have a duty to follow traffic laws and use reasonable care. When a collision happens, sometimes those rules are not followed.

In Nevada, it is possible that multiple parties share responsibility for the crash. This will depend on the facts of the case. Many claims involve negligence, which usually means someone failed to act reasonably and caused harm.

Possible At-Fault Parties

Determining who is at fault for a side impact collision is done through evidence. Some examples of what may be reviewed are:

• police reports
• traffic citations
• witness statements
• surveillance footage
• driver behavior
• road and weather conditions

Now, let’s take a look at some parties often at fault for side-impact collisions.

Driver Who Failed to Yield or Ran a Red Light

Regarding side-impact accidents, a lot of the time, the crash may be the fault of a driver who violated intersection rules.

Here are some examples: 

• running a red light 
• ignoring a stop sign
• failing to yield 

If it can be proved that the driver committed a violation of the rules of the road, that can be strong evidence of negligence.

Driver Who Made an Unsafe Lane Change or Turn

Some side impact crashes happen because of an unsafe lane change or turn. These actions may place one vehicle directly into the path of another.

Examples include turning across traffic, failing to check blind spots, or improper merging. These events often lead to sideswipe, t-bone or angled side-impact crashes.

Employer of the Driver in Work-Related Driving Situations

If the driver caused the crash while working, an employer may be liable too. This may apply when the driver was acting within job duties at the time.

Examples can include delivery drivers, company vehicles, and commercial operators. In some cases, negligent hiring or poor supervision may also be an issue.

Rideshare, Delivery, and Commercial Vehicle Operators

If some kind of rideshare, delivery, or commercial vehicle was involved in the crash, the liability can extend to other parties. 

This often depends if the driver was working or not during the time of the crash. Especially with rideshare drivers, it often depends on the driver’s status at the time of the accident.

Examples of drivers who are working can include: 

• being logged into an app 
• transporting a passenger 
• making deliveries 

Vehicle Owner for Negligent Entrustment

Sometimes the owner of the vehicle can be at fault too. This may happen if they allowed an unsafe driver to use the vehicle.

Examples include lending a car to someone who was intoxicated, unlicensed, or known to drive recklessly. The key issue is what the owner knew or should have known.

Government Entities Responsible for Road Conditions or Traffic Control

If unsafe road conditions contributed to the side-impact collision, it’s possible that government entities can be responsible. Specifically, government entities responsible for road conditions or traffic related aspects.

For example: 

• broken traffic lights 
• unclear road markings 
• poor signage 
• unsafe road design 

It’s important to note that claims against government entities can involve different rules and deadlines.

Vehicle or Parts Manufacturers

If a defective part helped lead to a crash, sometimes a manufacturer of the parts or vehicle itself may be liable. This can also extend to a mechanic or repair shop who had a duty to fix the car.

Some examples can include:

• brake failure 
• airbag malfunction 
• structural weakness 

Claims alleging defective parts often require some kind of expert analysis.

Compensation in a side impact collision lawsuit can cover both financial losses and the personal impact of injuries. The damages may vary based on the severity of the injuries and the long-term effects. Serious injuries can sometimes lead to disability, ongoing treatment, and higher losses.

In a claim or lawsuit, there are generally two main types of damages sought:

• Economic damages
• Non-economic damages

Economic damages are tied to financial losses that can often be calculated. Think things like medical expenses, lost wages, reduced earning capacity, future earnings, rehabilitation, and property damage.

Non-economic damages are for losses that do not have a direct dollar amount attached. Some examples may include pain and suffering, emotional distress, long-term pain, and loss of enjoyment of life.

If you are involved in a side-impact collision, your immediate priorities should be protecting your safety, getting medical care, and preserving evidence that may be important later.

The steps you take after the crash can affect both your health and any potential legal claim.

1. Make sure everyone is safe.

   Move out of traffic if you can do so safely. Check yourself and others for injuries, and avoid moving anyone who may have a serious neck or back injury unless there is an immediate danger.

2. Call 911.

   Report the crash and request medical assistance when needed. A responding law enforcement officer may investigate the collision and prepare an official crash report that could be useful later.

3. Seek medical attention promptly.

   Get evaluated even if your symptoms initially seem minor. Some injuries, including concussions, soft-tissue injuries, and certain neck or back injuries, may not cause noticeable symptoms right away.

4. Document the crash scene.

   Take as many photos and videos as you safely can. Document vehicle damage, the positions of the vehicles, the intersection, traffic signals, skid marks, road conditions, visible injuries, and anything else that may help explain how the collision occurred.

5. Collect contact and insurance information.

   Obtain the names, phone numbers, driver’s license information, insurance details, and vehicle information of the other drivers. Collect contact information from anyone who witnessed the crash.

6. Preserve important evidence.

   Keep copies of medical records, bills, repair estimates, photographs, correspondence, and other documents related to the collision. Preserve damaged personal property or clothing when it may be relevant to the claim.

7. Be cautious when speaking with insurance companies.

   An insurance adjuster may ask for a recorded statement, medical authorization, or quick settlement. Consider speaking with an attorney before giving a recorded statement, signing documents, or accepting an offer.

8. Consider speaking with a Las Vegas side-impact collision attorney.

   An attorney can review the circumstances of the crash, help preserve evidence, communicate with insurers, and explain your legal options.

A side impact collision is not a minor crash in many cases. Side impacts can be severe because there is less space between the person and the striking vehicle. Serious injuries may lead to long-term disability or life-changing consequences.

For some people, recovery may take months. For others, the effects can remain much longer. These injuries are often a major part of an injury claim.

Here are some common injuries from side impact collisions:

• Head trauma. This can include things like concussions or traumatic brain injuries.
• Spinal cord trauma that can cause partial or full paralysis.
• Internal injuries or internal bleeding.
• Broken bones and fractures. Often to the ribs, pelvis, or shoulders.
• Laceration injuries that can lead to scarring or nerve damage.

Many side impact collisions happen at intersections and traffic crossings. These crashes often occur when one driver enters another vehicle’s path. In many cases, the collision could have been prevented.

Some common causes of side impact collisions include:

Failure to Yield

A driver may continue moving forward even though another vehicle technically has the right of way. This kind of situation often happens at stop signs, turns, and driveways.

Running a Red Light

A driver may enter the intersection after the light changes. Another vehicle may already be passing through and this can lead to a serious side collision.

Unsafe Turns

A rushed turn, especially a rushed left hand turn across traffic can create danger. In a case like this, the turning vehicle may be struck from the side.

Inattention or Driver Distraction

If a driver isn’t focused on the road they can miss signs, lights, and other vehicles. Even the smallest second of inattention can sometimes determine if a crash happens or not.

Poor Gap Judgment

Sometimes a driver misjudges the distance or speed needed to cross an intersection. Unfortunately this can also lead to crashes.

This section reviews some of the laws relevant to side-impact car accident claims in Nevada.

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 change. 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 – Nevada’s comparative negligence law may allow recovery of damages if the plaintiff’s negligence is not greater than the defendant’s negligence. Any recovery is reduced by the plaintiff’s percentage of fault.

Example: A driver is found to be 20% at fault for a side impact collision, while the other driver is 80% at fault. If the total damages are $120,000, the injured driver may still recover compensation, but it would be reduced by 20%, resulting in a potential $96,000 recovery.

Nevada’s Statute of Limitations

NRS 11.190 – Requires certain civil actions, including actions for personal injury or death, to be commenced within specified time periods, including a 2-year limit for injury or death claims.

Nevada Specific Laws related to Side-Impact Accidents

NRS 41.085 – Authorizes heirs and personal representatives to bring an action for damages for the death of a person.

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 certain crashes to submit a written or electronic report to the Department within 10 days, unless an exception applies.

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.253 – Requires a driver turning left at an intersection to yield the right-of-way to oncoming vehicles that are within the intersection or close enough to pose a 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.

What makes side-impact collisions so dangerous?

• Many vehicles aren’t built with strong side protections. This can be even more severe in older vehicles that lack side airbags and other new safety features. 
• The sides of most cars don’t have much space or structure to absorb impact.
• People riding in the vehicle are closer to the point of impact. There may be only a door and a small amount of space between the person and the striking vehicle.
• There is a large risk of the vehicle that got hit being pushed into the next lane and having additional impacts with other cars.

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7785 W Sahara Ave Suite 100, Las Vegas, NV 89117