It can be extremely emotionally distressing to lose a loved one in an unexpected car accident in Las Vegas. It can also take a financial toll, especially if the deceased person was your family’s main breadwinner.
If someone else caused the fatal accident, such as through careless or reckless driving, you can hold that party accountable for the tragic loss of life through an insurance claim or wrongful death lawsuit. The right attorney in Las Vegas can help you with this process.
Las Vegas Fatal Vehicle Accident Statistics
The rate of fatal car accidents has increased over the past 10 years in the State of Nevada. According to the Nevada Department of Public Safety, Office of Traffic Safety, fatal crashes increased from 235 in 2010 to 285 in 2019.
The 10-year high occurred in 2016, with 304 fatal crashes and 329 deaths. In 2019 – the most recent year data is available – there were 285 fatal car accidents reported in Nevada, responsible for taking 304 lives. Clark County leads the state in the number of fatal car crashes each year.
From 2015 to 2019, Clark County reported the largest number of fatal crashes and deaths (970), making up 66% of all fatal accidents in Nevada. The majority of these crashes took place in urban areas (69 percent).
Top Causes of Fatal Car Crashes in Las Vegas
Driver error is the number one cause of fatal motor vehicle accidents in Las Vegas and throughout Nevada. Drivers can make poor and reckless decisions behind the wheel that threaten the lives of everyone else on the road.
Statistically, the top causes of deadly collisions in Las Vegas are:
- Impaired driving (drug or alcohol involvement): 42.7 percent
- Lane departures: 37.1 percent
- Speeding: 32.1 percent
- Failure to yield at an intersection: 32 percent
Other common causes of fatal accidents include:
- Distracted driving
- Drowsy driving
- Reckless or aggressive driving
- Following too closely
- Unsafe passing
- Violating traffic laws
- Inexperienced drivers
- Vehicle defects or poor maintenance
- Dangerous road conditions
These risks can result in deadly collisions that take the lives of motor vehicle drivers, passengers, motorcyclists, bicyclists, and pedestrians in Las Vegas. The deadliest types of accidents include head-on collisions, T-bone accidents, and rollovers.
What Types of Claims Can Be Filed After a Fatal Car Accident in Las Vegas?
Following a fatal car accident in Las Vegas, surviving family members of the deceased individual may have the right to file one or more types of legal claims to seek financial compensation for their losses. The first possibility is a wrongful death claim.
A wrongful death claim is a civil lawsuit that seeks compensation for losses the family suffered because of the death, such as lost wages and inheritance, reasonable funeral and burial costs, and loss of the deceased person’s love, guidance and companionship.
Another option is a survival action. This is similar to a personal injury case that could have been filed had the car accident victim survived. It seeks compensation for the victim’s losses, such as medical bills from the time of the accident to the time of death. Damages awarded in a wrongful death claim go directly to the beneficiaries, while those in a survival action go to the estate.
Who Can File a Wrongful Death Claim in Las Vegas?
Only certain individuals have the right to pursue a wrongful death claim in Las Vegas after a fatal car accident. Nevada’s wrongful death laws restrict this right solely to the deceased person’s heirs and representative of the estate (sometimes called the “executor” or “administrator”).
Eligible heirs can include a surviving spouse, child, parent, sibling or next closest family member (in this order). If there is no representative of the estate assigned, the courts can appoint one.
How to Prove a Fatal Car Accident Case
When a wrongful death claim is filed for a fatal car accident in Nevada, the burden of proof is placed on the plaintiff or filing party. The filing party must prove that someone else is to blame for causing the fatal crash. Most of these cases are based on the legal doctrine of negligence or the failure to act with normal care.
Proving negligence requires evidence that the following is more likely to be true than not:
- The accused party (defendant) owed the deceased victim a duty of care, meaning a legal obligation to act in a way that would not cause harm to others.
- The defendant failed to meet the duty of care and committed an act or omission that a reasonably prudent party would not have in the same circumstances.
- The defendant’s breach of the duty of care was the actual or proximate cause of the fatal automobile accident.
- Damages were suffered as a result. This can include a loss of life and all related losses, both financial and emotional.
Evidence that may be used to prove a fatal car accident case in Las Vegas includes a police report, eyewitness statements, photographs and videos, testimony from experts, an analysis of the damage caused to both vehicles, and the deceased victim’s medical records. You can strengthen your claim by doing your best to gather evidence from the very beginning.
What Is the Statute of Limitations?
A law called the statute of limitations in Nevada places a strict deadline on the right to file a wrongful death claim following a fatal car accident. Nevada Revised Statute § 11.190(4)(e) states that an action to recover damages for the death of a person caused by the wrongful act or neglect of another must be commenced within two years.
The clock on the statute of limitations will start counting down on the date of the deceased person’s death, not the date of the automobile accident, if these two dates differ. If you wait too long, you risk missing your filing time window and losing the right to pursue financial compensation from the at-fault party forever.
How Can a Fatal Vehicle Accident Lawyer in Las Vegas Help?
Working with an experienced fatal car accident lawyer in Las Vegas can make an important difference to the outcome of your case. Your family can pursue the financial compensation you deserve for past and future losses caused by the fatal crash. Most importantly, a lawyer will make sure your family has everything it needs to pick up the pieces, bring someone to justice for causing the death, and move forward with as much peace of mind as possible.
If someone you love was recently killed in a fatal automobile accident in Las Vegas or Clark County, contact Edward Bernstein & Associates to discuss your legal rights during a free consultation.