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While most car accidents involve two or more vehicles, sometimes an accident can involve just one driver. Since there are no other parties, the solo crash victim often believes there to be no one else liable but themselves; however, that is not always the case.
Poorly maintained roads, overgrown trees, and falling objects could make other parties liable, allowing the solo crash victim to pursue a claim for financial compensation. So, don't give up on your single-vehicle accident claim and contact a Las Vegas single-vehicle accident lawyer from the Rodney Okano Car Accident Lawyer Law Firm today.
About Founding Attorney Rodney Okano
Attorney Rodney Okano is a skilled Nevada personal injury lawyer with over 20 years of experience in Nevada and personal injury law. With his expertise, he has helped thousands of people injured in accidents obtain the financial settlement they're entitled to.
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What Is a Single-Vehicle Accident
A single-vehicle accident occurs when only your car is involved, yet the collision can stem from dangerous road design, poor road conditions, or mechanical failure.
Single-vehicle accidents often include guardrail impacts, wildlife strikes, debris, potholes, faulty signage, adverse weather, brake failure, or steering system issues. These hidden hazards may shift liability, so it is essential to document road conditions and other factors to help you and your lawyer build a single-vehicle accident case and secure rightful compensation.
How to Document a Single-Vehicle Crash
Even when only one vehicle is involved, you must document the scene and gather evidence, especially if you believe you have a claim.
First, check whether your car hit a guardrail, an animal, or debris. Next, check for road hazards such as potholes or construction. Also consider severe weather and look for mechanical failures. If these elements exist, liability may shift to governments, manufacturers, or mechanics instead of the driver, helping you preserve the right to compensation.
Key Differences from Multi-Vehicle Accidents
Unlike vehicle crashes involving multiple cars, where the plaintiffs are other drivers, plaintiffs typically include government entities, manufacturers, or other non-driver parties. Also, investigations focus on road conditions, vehicle faults, and weather, rather than another driver's actions.
While multi-vehicle accidents have a stronger focus on comparative fault and multiple claimants among the drivers involved, a solo crash focuses more on identifying one party liable.
Common Injuries in Las Vegas Single-Vehicle Accidents
Like any other car crash type, single-vehicle car accidents can result in serious injuries, including:
- Whiplash and neck strain
- Soft tissue injuries
- Spine injuries
- Concussions and traumatic brain injuries
- Chronic pain
- Broke bones
- Cuts and lacerations
As a Las Vegas car crash attorney, I can help you understand your legal options and recover compensation for any injuries you may have suffered, regardless of severity. Call for a free consultation.
Who May Bear Responsibility After a Solo Accident?
As a Las Vegas single-vehicle accident attorney who has handled many solo crashes, I've seen negligence shift from the driver to the following parties:
- Government road maintenance
- Vehicle manufacturers
- Unmarked hazards on private property
- Drivers whose actions forced evasive maneuvers
- Pedestrians or cyclists crossing unexpectedly
If you believe that any of the above-mentioned parties had something to do with your car wreck, you may have a claim.
Who's at Fault If Vehicle-Related Factors Caused the Accident
If a mechanical failure, such as tire blowouts, brake issues, or broken steering systems, caused your vehicle crash, liability can shift to the manufacturer or mechanic under product liability law.
Who's at Fault If Environmental or Road-Condition Issues Caused the Accident
In a Nevada single-vehicle accident, if potholes, construction, an obscured sign, or bad lighting contribute to the accident, it may lead to government liability.
However, if natural external factors like severe weather, such as rain or fog, contributed to your solo crash, you may face issues holding someone liable, unless the weather effects were made worse by a person or unnatural entity.
Determining the Value of a Solo Vehicle Crash Claim
Correctly determining the worth of a client's vehicle accident case is one of the most important things I do as a Las Vegas single-vehicle accident attorney.
For those who entrust their solo vehicle accident case to me, I begin by gathering all accident details and medical records to estimate damages. Then, I evaluate medical expenses, lost wages, property loss, and pain and suffering, and compare them against current settlement offers.
Through this thorough valuation process, I am able to maximize the chances for a fair settlement on behalf of my client.
Elements That Influence Compensation Amounts
The value of car accident cases can be influenced by numerous reasons, with the most common being:
- Strength of Evidence: Medical records, pay stubs, repair invoices, therapy notes.
- Severity of Injuries: More severe injuries often result in higher medical costs and greater effects on one's life, consequently increasing the case's value.
- Comparative Fault: Under Nevada law, NRS 41.141, multiple parties can share fault for the crash and have their compensation reduced by the percentage of fault they bear.
- Earning Capacity: If, due to your injuries, you incur lost wages or a reduced earning ability, the amount of income you would have made will affect compensation.
To ensure these elements are navigated correctly and you prove liability, it's highly recommended to seek legal representation from a team of Las Vegas car accident lawyers, as obtaining a fair settlement, especially in a solo vehicle accident, can be challenging to do alone.
Short-Term vs. Long-Term Damage Calculations
In solo vehicle accident cases, short-term damage calculations focus on immediate costs, such as medical bills, vehicle repairs, and lost wages that last for the first few months after a single-vehicle crash. Long-term estimates include future medical care, therapy, and loss of earning potential.
By separating these two periods, attorneys can accurately determine the value of their client's case and negotiate for a fair settlement.
Tips for Building a Strong Case
I have learned as a car accident lawyer in Las Vegas that the most necessary factor to build a winning compensation case, especially when faced with a complex case like a solo-vehicle wreck, is proper and thorough evidence gathering.
Prioritize evidence such as records of poor maintenance, violations of city ordinances/Nevada law, or obvious signs of neglected roads. Only then, once you have substantial evidence, should you begin pursuing compensation for your damages.
Gathering Medical Records and Evidence of Damages
After a solo car accident, your first step should be to gather proof of your damages and injuries so you can maximize your compensation.
This can be done through:
- Medical bills
- X-ray reports
- Therapy notes for emotional distress damages
- Employer letters showing wage loss
- Repair statements
Utilizing Expert Witnesses and Reconstruction Reports
Expert witnesses and crash reconstruction experts are crucial to have as they can identify and prove to insurance companies or a jury vehicle failures, such as tire blowouts, or negligence by the government, such as poorly maintained roads.
However, understand that these experts often cost a significant amount of money, so be sure to work with an attorney to verify you have a valid case.
Legal Hurdles When Seeking Compensation in Single-Vehicle Crashes
A single-vehicle car accident is often a complex type of car accident case, as it involves hurdles such as government protections, an insurer's automatic fault assumption, and a looming deadline that comes with any personal injury claim.
However, as a Las Vegas car accident attorney who has guided many clients through solo-vehicle crashes, I know that with a good understanding of these obstacles and the backing of a strong law firm, they can be overcome.
Statute of Limitations
Nevada limits the filing deadline for personal-injury claims to 2 years and property-damage claims to 3 years from the accident date¹. Failure to file a claim within the given statute of limitations can result in serious consequences, such as:
- Insurers and courts dismissing your claim
- Forced to cover damages with your personal finances
Due to the complex and lengthy investigation needed for a single-vehicle crash, it's crucial to start your claim as soon as possible.
[^1]: Nevada Revised Statutes 11.190
Challenges of Establishing Negligence in a Single-Car Crash
Establishing negligence in a single-vehicle crash in Nevada is difficult because the law requires proof that a third party was at fault, often through a road condition, steering system defect, or another factor, besides weather conditions, over which the driver had no control.
Investigators and attorneys must collect evidence such as crash reconstructions, dash-cam footage, witness statements, and even vehicle black box data to prove that the driver was not directly at fault for the crash.
Frequently Asked Questions About Single-Vehicle Accidents
Can I File a Claim If I Was a Passenger in a Single-Vehicle Wreck?
As a passenger in such an accident, you can file a claim, and it will actually be easier for you to recover a settlement than for the driver, as all you have to prove is that the driver committed a negligent act, such as reckless driving or driving under the influence.
Are Single-Crash Claims Hard to Win?
If the case is not clear-cut, such as a tree falling on your car, these types of cases can be challenging, as insurance companies will automatically assume you committed some sort of negligence.
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