When people hear that someone was in a car accident, they tend to assume that the two vehicles collided, which is mostly true. And that’s why many vehicle drivers believe that their responsibility in an accident will not be sought if, during a car accident, their vehicle had no contact with the accident vehicle(s). However, no-contact car accidents are also not uncommon in Nevada and other states.
As its name indicates, a no-contact car accident is one in which a vehicle collides but not against another driver. But the non-contact vehicle driver can be held liable for being the cause of the accident.
But how can another driver cause a contactless car accident? And how can the victim prove the involvement of another vehicle without contact? Let’s find out through this article.
No-Contact Car Accidents in Nevada
A no-contact car accident is one in which one party gets injured without any contact or collision with the other party, but the latter can be held liable for causing the accident.
Let’s understand this with examples:
The driver of a car who got injured in the accident overtook a stationary tractor and then lost control of his vehicle. The car was in good condition, was driving without excessive speed, and its driver was not under the influence of alcohol or narcotics.
The investigation established that the tractor was stopped due to a major oil leak and that the car had skidded for several hundred meters due to the presence of oil on the road. This is a no-contact car accident where the other party is responsible.
In the second case, the motorcycle driver overtook the car in front of them uphill because it was slowing down. The motorcyclist then lost control of their vehicle and hit a goat that suddenly crossed the road.
For these two cases, the Court recalls that any vehicle having played any role in the occurrence of an accident, whether stationary or moving, whether or not they had an impact with the accident vehicle, can be held liable.
In the first case, Mr. X, who lost control of their car or motorcycle as they overtook a tractor belonging to the Council of the Territory, which was mowing the side of the road, sues the Territory Department, the company and its insurer, to obtain compensation for their damages.
In the second case, the vehicle that slowed down on a climb and was overtaken by another vehicle (a motorcycle in this case) played a role in the traffic accident (loss of control of the motorcycle and collision with an animal), which occurred at the time of the overtaking, even though there was no contact between them.
Thus, in the two cases presented above, the stationary tractor and the idling vehicle played a role in causing the accident, even if there was no contact with the vehicle accident. The liability of their drivers and owners can therefore be sought.
How Can a Victim Claim the Other Party Responsible Without Any Contact in the Accident?
Rules for no-contact car accidents are pretty much the same nationwide. The implications are obvious when there is contact between two vehicles involved in an accident. But in the absence of contact, it is up to the victim to provide proof that the vehicle was involved, in any way whatsoever, in the accidental process. And that’s where your personal injury attorney intervenes.
Also, the difficulty will consist in precisely recovering these proofs of involvement, which is very difficult to obtain since there is no contact between the damaged vehicles.
The victim can try to find any video surveillance or witnesses to come and confirm their statements since the involvement of a vehicle in an accident can never be presumed.
How Does the Court Determine the Fault of the Contactless Vehicle Driver?
If the victim claims another driver was responsible for their non-contact car accident, the court determines the other driver’s negligence. And to assess that, they see if a person in the same situation would have acted the same way. If someone handled the situation differently to protect the integrity of other people and vehicles, the no-contact vehicle driver is liable for the accident.
In Nevada, if you can provide other drivers’ proof of negligence as the cause of your no-contact car accident, you can file a personal injury liability claim against that driver. The best is to hire a personal injury attorney since the insurance companies try everything to deny your claim or to reduce the settlement amount as much as possible. Having a personal injury attorney by your side provides you peace of mind throughout the process and helps you get the fairest compensation.
You could have a claim or lawsuit on your hands even if you were partly at fault. Nevada applies the pure comparative negligence system, a legal concept that allows injured people to receive compensation from those at fault for their accident, even if they contributed in some way to the injuries.
Moreover, if you are injured in a non-contact accident but engaged in negligent behavior, such as speeding, under alcohol influence, changing lanes recklessly, etc., then proving another driver’s fault can be even more challenging.
So, if you want to file a personal injury claim against another driver, consult an experienced Nevada car accident attorney to succeed.
Hire a Personal Injury Attorney for a No-Contact Car Accident in Nevada?
Have you been injured in a no-contact car accident in Nevada that you believe was caused by another driver? Do not delay it further, and talk to an expert personal injury attorney near you to claim the other party and get compensation for your damages.
Contact The Bourassa Law Group, a leading personal injury law firm in Nevada with a dedicated team of lawyers. The Bourassa Law Group team comprises well-versed and experienced personal injury attorneys who have settled countless non-contact car accident cases and can fight for you to get you the fairest compensation.
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