Rollover accidents in Nevada often result in life-threatening injuries and fatalities. If you or a loved one is a victim of a rollover crash, our Las Vegas personal injury lawyers will fight for the biggest financial settlement available under the law to cover your
Continue reading for answers to faqs on Nevada rollover accident lawsuits.
1. Who can be sued after a rollover accident in Nevada?
If the vehicle rolled over due to a defect, victims can sue the carmaker and/or the mechanics who may have caused the defect or failed to fix it.1
If the vehicle rolled over because of a negligent driver hitting the vehicle, then that driver can be sued. And if it was a commercial driver (such as a trucker), then the commercial driver’s employer may also be on the hook for causing the car crash.2
In cases where a negligent motorcyclist, bicyclist or pedestrian unexpectedly enters a traffic lane and causes a driver to swerve and roll over, that driver can sue the biker or pedestrian.
And sometimes rollover vehicle crashes occur because of poorly maintained roads. In these cases, victims have a case against the local government for failing to maintain safe roadways.
2. What damages can I get?
- medical expenses,
- car repairs,
- lost earnings from being too injured to work, and
- pain and suffering from the physical and emotional trauma.
Unfortunately, many rollovers are fatal crashes. When victims die, their estates and family can file a wrongful death lawsuit in pursuit of burial expenses, loss of support, and more.3
Most automobile cases settle out of court. But in cases that do proceed to trial, plaintiffs may be able to persuade the court to award punitive damages as well to punish the defendants. In general, punitive damages can be as much as three times the amount of compensatory damages.4
3. How do I prove fault in a rollover case?
The legal process for proving fault differs depending on whether you are suing the at-fault driver for negligence or suing the carmaker for strict products liability. In either case, your accident attorney will be gathering all the available evidence to show that the defendant is liable for your injuries.
Valuable evidence in Nevada rollover crash cases includes:
- traffic surveillance video,
- eyewitness testimony,
- DUI test results from the at fault motorist (if applicable),
- testimony from an accident reconstruction expert,
- mechanics reports of the vehicle’s maintenance,
- the victim’s medical records, and/or
- accident reports from the Nevada Highway Patrol, Las Vegas Police Department, or other law enforcement agency on the scene.
4. Can I still sue if I was partly to blame?
Yes. Rollover crash victims may still be eligible for extensive money damages even if they were partly at fault for their injuries, such as by:
- speeding slightly,
- running a red light just after it turned red,
- not wearing a seat belt.
Nevada’s modified comparative laws permit crash victims to recover damages as long as they were no more than 50% at fault.5
5. When do I have to file suit by?
The statute of limitations to bring a negligence or products liability suit in Nevada is generally two years after the accident.6 And since it takes a lot of time and effort for personal injury lawyers to work up a winning case, victims are advised to retain counsel as soon as possible after their injuries.
Our Las Vegas, NV law firm serves clients in Clark County (including Summerlin, Henderson, North Las Vegas, and Lake Mead) and throughout the state of Nevada.
- See, for example, Ford Motor Co. v. Trejo (Nevada Supreme Court, 2017) 133 Nev. 520.
- Yellow Cab of Reno v. Second Judicial Dist. Court of Nev. (2011) 127 Nev. 583 (re. respondeat superior)
- NRS 41.085.
- NRS 42.005.
- NRS 41.141.
- NRS 11.190.