In a car accident case, who can be sued will rest on the details of the crash. For instance, if you were injured by another driver, you could sue them directly if you cannot recover compensation via an insurance settlement. However, if the other driver was working at the time of the collision, then you could sue their employer for damages.
Litigation can be a complicated process. Finding evidence, filing your lawsuit, and communicating with the other party’s legal counsel can be difficult without help. While deciding whether to file a lawsuit, you should consider how a Nevada car accident lawyer could serve your legal interests.
Suing Is Not Always Necessary
Filing a lawsuit after a car accident is usually not the first option, nor is it typically necessary. In fact, the American Bar Association (ABA) notes that most personal injury lawsuits do not make it to court. However, if the liable party does not adequately compensate you for your losses, or you find yourself encountering bad faith insurance practices, you may opt to file a lawsuit and go to court.
Depending on the circumstances of your case, you may be able to sue one or more of the following parties in your car accident case:
- The other driver. As mentioned, if the other driver did not uphold their duty of care, resulting in your collision and injuries, you could sue them for damages.
- The driver’s employer. Suppose you were struck by an 18-wheeler that was transporting commercial goods. In this case, you could sue the trucker’s employer for the actions of their employee.
- A government municipality. Your car accident may have been the result of poor roadway conditions, like potholes, unevenly paved streets, and non-functioning streetlights. If so, you could sue a government municipality in a car accident case.
You may be able to take legal action against other parties not included here. When you work with a Nevada car accident lawyer, they can evaluate your situation and explain your legal recourse options.
Your Lawyer Can Work with the Liable Insurance Company
Before going to court, your lawyer will first try to resolve your case with the liable insurance company. However, if the insurance company does not agree to the terms outlined in your demand letter, you are not out of options. Having a lawyer by your side can make your case less complicated, as they will handle its entirety while you focus on your recovery period.
When dealing with the insurance company, your lawyer can:
- Identify any bad faith insurance practices that infringe on your legal rights
- Present the insurance adjuster with the cost of your past, present, and future damages
- Review your and the other driver’s insurance policy
- Explain your coverage options
- Gather evidence to prove the cause of your accident
Statute of Limitations
Yet, if negotiations with the insurance company do not yield the results you want, taking your case to court may be a viable option. In Nevada, under NRS §11.190(4)(e) you have two years from the date of your accident to file a lawsuit. This deadline could change based on the defendant in your case. For instance, if you are suing the government, you may be granted less time to act.
A car accident lawyer can explain who can be sued in a car accident case. They can also provide insight into how the statute of limitations applies to your situation.
Proving Negligence in a Car Accident Case
When you plan to sue someone after a car accident, you need to make sure you have sufficient evidence to prove that they caused the collision. Evidence can include:
- Photographs of the accident scene, the involved vehicles, and your injuries
- Traffic camera footage or surveillance camera footage that captured the accident
- The police report
- Witness accounts of the accident
- Medical records
- Various property damage receipts
Proving that another party is responsible for the accident is crucial when seeking compensation. By providing these forms of evidence, you make it difficult for the insurance company to deny your claim.
Bernstein & Poisson Can File Your Lawsuit for You
We will do everything in our power to get you the financial recovery you deserve after a car accident. You should not have to endure further pain and suffering from this situation; the party responsible for the accident should cover your financial losses, not you. Call (702) 633-3333 today for your free case evaluation with a member of our team.