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NV 89113
How Defective Vehicles Can Cause Car Accidents
The Danger of Defective Vehicles on the Road
Defective vehicles are a significant safety risk that can lead to serious car accidents, posing threats to drivers, passengers, and pedestrians alike. Understanding the impact of vehicle defects and hiring the right attorney, like Miller Personal Injury Attorneys in Las Vegas, can be crucial for individuals affected by such incidents.
How Vehicle Defects Lead to Accidents
Common Types of Vehicle Defects
Brake Failures: Faulty brakes can prevent a driver from stopping or slowing down in time to avoid an accident.
Steering and Suspension Issues: Defects in steering systems or suspension can impair a driver’s ability to control the vehicle, potentially leading to loss of vehicle control.
Tire Defects: Blowouts or tread separations can cause sudden accidents by making a vehicle unstable, especially at high speeds.
Faulty Airbags and Seatbelts: When safety equipment fails to operate as intended during a crash, it can result in more severe injuries than if the equipment had functioned properly.
Impact on Driver Safety
Vehicle defects can compromise the safety of a vehicle by:
Increasing the Likelihood of a Crash: Mechanical failures can lead to situations where drivers are unable to control their vehicles effectively.
Exacerbating Injuries During Accidents: Defective components like airbags and seatbelts may not properly protect occupants in the event of a crash.
Legal Issues with Defective Vehicles
Product Liability Claims: Victims of accidents caused by defective vehicles may have grounds for a product liability claim against the manufacturer, distributor, or retailer of the defective part or vehicle.
Challenges in Proving Defects: Proving that a vehicle defect caused an accident can be challenging and complex, requiring analysis from engineering and automotive experts as well as a detailed investigation into the vehicle’s maintenance history and the specific circumstances of the accident.
Dealing with Recalls If a vehicle or part was under recall at the time of the accident, this could influence the legal strategy and potential outcomes of a claim. Handling recall information correctly is vital for a successful case.
How Miller Personal Injury Attorneys in Las Vegas Can Help
Specialized Knowledge and Experience: Miller Personal Injury Attorneys possess deep expertise in handling cases involving defective vehicles. We understand the intricacies of automotive product liability and how to navigate these complex claims.
Thorough Investigation and Evidence Gathering: Our firm is experienced in conducting thorough investigations to determine the root cause of the accident and gather evidence proving the defect. This includes securing the vehicle for inspection, working with automotive forensic experts, and collecting maintenance records.
Effective Representation in Negotiations and Court: At Miller Personal Injury Attorneys we are experienced negotiators and litigators who can effectively represent clients against large automobile manufacturers and insurance companies, ensuring fair compensation for damages and injuries.
Support Through the Entire Legal Process: From initial consultations to representing clients in court, at Miller Personal Injury Attorneys, we guide our clients through every step of the legal process, providing support and ensuring that clients understand their rights and options.
Frequently Asked Questions
We believe in keeping our clients fully informed throughout every stage of the legal process, empowering them to make well-informed decisions about their cases.
Recently Asked Topics
We believe that everyone deserves access to top-quality legal representation, regardless of their financial situation. That’s why we operate on a contingency fee basis. This means you won’t pay any upfront fees or hourly rates. Our compensation is contingent upon securing a favorable settlement or verdict for you. In other words, we only get paid if you do, aligning our interests with yours and ensuring we’re fully committed to your case.
No, Nevada is not a no-fault state for car accidents. Instead, Nevada follows a “fault” or “at-fault” system when it comes to dealing with car accidents. This means that the person who is found to be legally at fault for causing the accident is responsible for compensating any injured parties for their damages, which can include medical expenses, lost wages, and pain and suffering. Under this system, the injured party has the option to file a claim with their own insurance company, file a claim directly with the at-fault driver’s insurance company, or file a lawsuit in court to seek compensation for their losses.
Nevada has a statute of limitations under Nevada Revised Statutes 484E.10 that says you must file an SR-1 Report of Traffic Accident within ten days of a car accident. You must make the report if anyone is hurt or killed in the crash or if there is apparent damage of $750 or more. But if the police respond to the accident scene and make their own report, you don’t have to file a police report.
Car accidents can result in a wide range of injuries:
- Spinal cord injuries (paralysis, nerve damage)
- Broken ribs
- Other broken bones (arms, legs, pelvis, etc.)
- Internal bleeding
- Herniated disc
- Post-traumatic stress disorder (PTSD)
- Knee trauma (ligament tears, dislocation)
- Soft tissue injuries (sprains, strains)
- Chest trauma (bruising, organ damage)
- Facial injuries (fractures, lacerations)
- Dental injuries (broken teeth, jaw fractures)
- Emotional trauma (anxiety, depression)
- Amputation or loss of limb
- Seat belt injuries (bruising, internal injuries)
- Airbag injuries (abrasions, burns)
- Eye injuries (corneal abrasions, retinal detachment)
- Possible wrongful death
- Hand & Foot Injuries
Filing a police report in Las Vegas, especially in the aftermath of a car accident or any other incident, is an essential step for ensuring proper legal documentation and facilitating any subsequent insurance claims. Our team can assist you in obtaining this report and using it to strengthen your claim. Here’s a guide on how to file a police report in Las Vegas:
At the Scene of the Incident:
If you’re involved in a car accident, it’s important to call 911 immediately if there are any injuries or significant property damage. The dispatcher will send police officers to the scene if necessary.
For minor accidents without injuries, Nevada law requires you to move your vehicle out of traffic if it’s safe to do so. You should still call the police to report the accident and determine if an officer will be dispatched to the scene.
Information to Provide:
When speaking with the police, either at the scene or when filing a report later, be prepared to provide your full name, contact information, insurance details, and a factual account of what happened. Avoid admitting fault or speculating about the cause of the incident.
Filing a Report After Leaving the Scene:
If the police did not respond to the scene and you need to file a report afterward, you can do so online or in person at a local police station.
For non-emergency situations, such as minor car accidents without injuries, you can use the Las Vegas Metropolitan Police Department’s (LVMPD) online reporting system. This can be accessed through the LVMPD’s official website. The online system will guide you through the process, which is straightforward and user-friendly.
If the incident is more serious, involves injuries, or you prefer to file the report in person, you can visit a local LVMPD area command during business hours. It’s a good idea to call ahead to verify hours and any specific requirements.
What to Include in Your Report:
Your report should include detailed information about the incident, including the date, time, location, a description of what happened, and any injuries or damages incurred. Include information about the other party (if applicable) and any witness details.
Obtaining a Copy of the Report:
After filing the report, ask the officer or the police department how and when you can obtain a copy of the report for your records. This will be important for insurance claims and any legal proceedings.
In Nevada, if you’re injured due to someone else’s negligence, you may be entitled to various types of compensation, similar to other jurisdictions but with some nuances specific to Nevada law. Understanding these nuances can help ensure you’re fully aware of your rights and the compensation you might pursue. Here’s an overview:
Medical Expenses: Nevada allows for the recovery of all medical expenses related to the injury. This includes immediate medical costs like emergency care, surgeries, and hospital stays, as well as ongoing expenses such as physical therapy, medication, and any future medical treatments.
Lost Wages: If your injuries prevent you from working, you can claim compensation for the wages you’ve lost during your recovery period. If your ability to earn money in the future is compromised, Nevada law also allows for the recovery of lost earning capacity.
Loss of Household Services: Loss of household services are a frequent element of damages in a personal injury case. If an injured person cannot perform household services for him- or herself, the injured person may have to hire someone to perform these tasks either on a temporary or perhaps even a permanent basis, especially if the injured person lives alone.
Pain and Suffering: This non-economic compensation is for the physical pain and emotional distress you’ve experienced. Nevada does not cap pain and suffering damages in most personal injury cases, except in medical malpractice claims, where non-economic damages are capped at $350,000.
Property Damage: If personal property was damaged as a result of the incident that led to your injuries, you could be compensated for repair or replacement costs, which is common in car accident cases.
Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies, recreational activities, and other life pleasures, you can claim compensation for this loss.
Loss of Consortium: Spouses of injured individuals can claim compensation for the loss of companionship, affection, assistance, and other aspects of the marital relationship affected by the injuries.
Punitive Damages: In cases where the defendant’s actions were particularly reckless, malicious, or egregious, Nevada allows for punitive damages to punish the wrongdoer and deter similar conduct. There are statutory caps on punitive damages in Nevada, $750,000 with annual steps of $80,000 per year starting on January 1, 2024. After the cap reaches $750,000, the cap increases by 2.1% on January 1st of each year thereafter.
Success Stories
At Miller Personal Injury Attorneys, our commitment to excellence, our individualized approach, legal acumen, transparency, and unwavering advocacy combine to set us apart as a leading force in the field of personal injury law.
We approach each case with compassion, dedication, and a relentless pursuit of justice, working tirelessly to secure the compensation and closure our clients deserve.