Injured in a Car Accident in the Rain?
While rain is great for the Nevada desert, it also increases the risk of rain related accidents and injuries.
We are Rain Car Accident Attorneys in Las Vegas and we have over 25 years experinece helping people injured in weather related accidents due to rain.
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Let The Law Office of Kevin R. Hansen Take Your Rain Car Accident Case
Were you injured in a car accident in the rain in Las Vegas? Being in a rainy day car accident in Las Vegas can be scary, especially when faced with medical bills, lost wages, and insurance company hassles.
At The Law Office of Kevin R. Hansen, we understand the challenges you’re facing, and we’re here to help. We know auto accident fault and negligence law.
Rainy Roads & Nevada Driving: Understanding Auto Accident Liability in Nevada
In Las Vegas, rain makes safe driving more challenging. It also brings an increase the risk of accidents. So, we wanted to break down how Nevada law determines fault in these situations. Even if the weather is a factor, it’s important to understand the legal basics of negligence and liability, and how rain can affect this determination.
What Should You Do if You’re in an Accident, Especially in Rainy Weather?
- Get Safe and assess yourself for injuries
- Call the police and file an accident report.
- Take pictures of the vehicles, the scene, and any injuries.
- Exchange contact and insurance information with the other driver.
- Seek medical attention for any injuries, even if they seem minor at first.
- Contact Kevin as soon as possible to discuss your legal options.
Legal Questions?
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What Does “Negligence” Mean in a Car Accident?
In Nevada, if you’re injured in a car accident and want to seek compensation for your injuries, you usually have to prove the other driver was “negligent.” Basically, negligence means the driver didn’t act as a “reasonably careful person” would under the circumstances. Think of it like this: a “reasonable driver” in the rain would slow down, increase their following distance, and be extra alert. A negligent driver might ignore these things.
Kevin and Amanda at the Law Office of Kevin R. Hansen have decades experience and focus on Personal Injury Cases and Auto Accident Injuries. We will advise you on any injury you receive.
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To prove negligence in Nevada, you generally need to show four things:
Duty: The other driver had a legal responsibility to drive safely. This is usually automatic; all drivers have a duty to each other.
Breach: The driver didn’t fulfill that duty. Maybe they were speeding, texting, or failed to maintain their vehicle.
Cause: The driver’s careless actions directly caused the accident. Did that speeding or that texting actually make the accident happen?
Damages: You suffered real losses or injuries. This could include medical bills, lost wages, or vehicle damage.
What to do After an Auto Accident!
Car Accident Tips
Pictures
Take pictures of the accident scene.
Identify
Identify driver and exchange information
Medical
Medical evaluation to document injuries
Legal Advice
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What is Liability?
NRS 41.130 Liability for personal injury.
Except as otherwise provided in NRS 41.745, whenever any person shall suffer personal injury by wrongful act, neglect or default of another, the person causing the injury is liable to the person injured for damages; and where the person causing the injury is employed by another person or corporation responsible for the conduct of the person causing the injury, that other person or corporation so responsible is liable to the person injured for damages.
[1911 CPA § 707; RL § 5649; NCL § 9196]—(NRS A 1997, 1357)
Okay, let’s connect negligence and liability in the context of a Nevada car accident, explaining how one leads to the other, and then visualize it.
Discussion: Negligence as the Trigger for Liability
In the context of a Nevada car accident, negligence is the wrongful action that, when proven, can establish liability. They are fundamentally linked; you can think of negligence as the “cause,” and liability as the potential “effect.”
Legal Analysis:
Negligence is the Foundation: As the provided text explains, negligence is the failure to act as a “reasonably careful person” would in a given situation (specifically while driving). It’s a violation of a basic standard of care that we owe to each other on the road.
Liability Arises from Proven Negligence: Nevada Revised Statute 41.130 (NRS 41.130) states that when a person suffers personal injury due to the “wrongful act, neglect, or default of another,” the person causing the injury is “liable” for damages. This “neglect” directly refers to the concept of negligence described earlier.
The Four Elements of Negligence as the Bridge: To prove negligence, and thus establish liability, you must prove four things:
Duty: That the negligent party had a legal duty to act responsibly (automatic for drivers).
Breach: That the negligent party violated that duty.
Cause: That the breach of duty directly caused the accident (causation).
Damages: That the accident resulted in actual harm.
The Causal Relationship:
If you successfully prove all four of these elements, you have demonstrated that the other driver was negligent, and this negligence establishes their liability. They are then legally responsible to compensate the injured party for their losses.
How Does Rain Fit In?
Rainy conditions don’t automatically make someone at fault for an accident. But, it does impact how a “reasonable driver” would act.
Speed Limit During Rain
A driver going “normal speeds” or within the posted speed limit, may actually be travelling too fast for wet conditions. This failure to slow down could be considered negligent driving because a reasonable driver would have slowed down.
What Does Nevada Law Say about Rain Car Accidents?
Nevada law expects drivers to be extra cautious in rain, snow, fog, and myriad other conditions that drivers encounter while driving their vehicles. Essentially, it’s the law saying drivers must use common sense when road conditions are slippery and visibilty is reduced as is commonly known during rainy days in Las Vegas.
5 Reasons Las Vegas Roads Become Extra Slick During Rain
Las Vegas has unique conditions that lead to added risk for car accidents during rain:
Oil Buildup from Dry Spells
- Las Vegas receives minimal rainfall, causing oils and grease from vehicles to accumulate on the road over time.
Rain Activates Surface Oils
- When rain finally arrives, it pulls the built-up oil and residue to the surface, creating dangerously slick conditions.
Lack of Regular Wash-Off
- Frequent rain in other regions helps wash away oils, but in Las Vegas, the rare rain showers allow slippery substances to remain.
Grease from Heavy Traffic
- With constant traffic in the city, more automotive grease and fluids build up on roads, exacerbating slippery surfaces when wet.
Unfamiliar Driving Conditions
- Drivers in Las Vegas may be less accustomed to wet roads (especially long time Las Vegas residents), increasing the risk of accidents when roads become unexpectedly slick.
Duty to Drive Safely
Every driver must act as a reasonably careful person would, especially in hazardous conditions.
Breach of Duty
Examples include speeding, texting, or failing to adjust to road/weather conditions.
Causation
The breach must directly lead to the crash and resulting injuries.
Damages
These include medical costs, vehicle repairs, lost wages, or pain and suffering.
Negligence
Proven once duty, breach, causation, and damages are established.
Liability
Under NRS 41.130, the negligent party (and possibly their employer) must compensate the injured party.
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What if You Were Partly at Fault?
Nevada follows something called “modified comparative negligence.” This means even if you were somewhat at fault for the accident (up to 50%), you can still recover some compensation.
The amount you receive, however, gets reduced by your percentage of fault. So, if you are 20% at fault, you will receive only 80% of your damages from the other driver.
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We offer Zero-Charge Case Evaluations, and a No-Win, No-Fee guarantee. Put over 25 years of Personal Injury law experience on your side with the Law Office of Kevin R. Hansen.
Comparative Negligence in Nevada
Under Nevada’s comparative negligence laws, fault is assessed with a proportional split. Even if you are partly responsible for the accident, you might still qualify for compensation. However, your fault percentage must not exceed 50%. If it does, you may lose the right to any compensation.
Fault percentage is determined through a thorough investigation, often revealing shared responsibility among drivers involved in the accident.
Who Decides if Someone was Negligent?
If you’re trying to get compensation, you will try to convince a judge or jury that the other driver was negligent. They’ll consider all the evidence including:
Police reports from the scene of the crash.
Statements from witnesses.
Photos of the damage.
Your medical records and bills.
Sometimes, expert opinions about accident reconstruction.
Here’s a hot tip: Talk to a lawyer before contacting any insurance company.
Insurance Companies are Not Always Your Friend
Insurance companies, in their role of assessing fault, do consider various factors such as police reports, witness statements, driving behavior, and weather conditions. However, it’s essential to remember that these companies are businesses with a primary goal of profitability. This means they have a vested interest in minimizing payouts on claims. Such an approach can lead to an assessment of fault that is skewed in their favor, potentially reducing the compensation victims might rightfully claim.
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Back in 2013 my first accident as a teen i called 3 different law offices 2 big name ones that have a number you can remember both of those law firms answered my call and said we will call you back 30 minutes go by and no call from them 3rd call was Kevin he him self was the one who help me threw all the steps what information to get and how to go about it this was a big help and calmed down some of the shock now its 2023 same great service!!!!
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Experts
Lead Trial Attorney
Kevin Hansen
Kevin has spent over a quarter century representing people who’ve been injured in car accidents in Nevada. He is battle tested and trial ready.
injury attorney
Amanda Harmon
Amanda’s attention to detail and thorough case preparation are invaluable assets to our clients. She leaves no stone unturned.
Las Vegas Accident - InjuryCase Results
Product Liability – $5.2 Million
Motor-Vehicle Accident – $1.2 Million
Grocery Store Slip & Fall – $1.4 Million
Casino Slip & Fall – $1.4 Million
Sexual Assault – $1.34 Million
Motor Vehicle Crash – $1.4 Million
Wrongful Death – $5 Million
The Bottom Line
Driving safely is crucial, especially when the weather is bad. If you’ve been involved in an accident, you have legal rights.
Don’t assume you’re not entitled to compensation, even if it was raining. At the Law Office of Kevin R. Hansen, we’re here to help you understand your options. Give us a call!
Contact us now for a free consultation and get the legal advice and support you need to get the maximum compensation for your damages.
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