D.R. Patti & Associates

Single Car Accident Due to Weather

Photo of a Damaged Car

Nevada offers beautiful sunshine and clear skies throughout the year. However, the pleasant weather can suddenly turn into dust storms, severe wind gusts, and heavy rainfall, increasing the risk of road accidents.

Nevada traffic safety crash facts reveal the following about total traffic fatalities in the state from 2016-2020:

  • Single-vehicle rollover accidents accounted for 13%
  • Single-vehicle fixed object accidents accounted for 22%
  • Other single-vehicle accidents accounted for 2%

If your car rolled over or collided with a fixed object due to extreme weather conditions, this blog post is for you. It discusses everything you need to know, including your rights and who you can hold accountable for your losses after a car crash.

What Are Your Rights After a Car Accident Caused by Bad Weather?

Right to Fair Treatment

You have the right to receive fair treatment throughout the entire claim process after a car accident.

When single-vehicle accidents occur due to weather, the insurance companies will likely blame you. They may try to make it seem like you were at fault since no one else was at the scene. They are profit-making entities and would do anything to deny their liability and minimize your claim.

Right to Fair Compensation

You have a right to receive fair compensation if your level of fault is less than 50% in your accident.

Nevada follows a modified comparative negligence rule. So, even if you are partially to blame for your accident, you can still recover compensation for your damages. But they will be reduced according to the percentage of your fault.

However, your percentage of fault should not exceed the defendant’s or 50%. Otherwise, you won’t be able to recover any compensation.

The compensation you can receive would depend on the facts of your case and the damages you suffered. The law categorizes damages as follows:

  • Economic: It covers monetary losses, such as medical expenses, lost wages, and property damage.
  • Non-economic: The court awards non-economic damages to cover your losses that don’t have a monetary value attached to them, such as pain and suffering, loss of enjoyment of life, and emotional distress.

While no money can erase the impact of such losses, the court awards compensation to provide financial support.

Who You Can Hold Accountable for Your Losses

When a single car accident occurs due to bad weather, it becomes difficult to determine who is at fault. As no one else is present at the scene, it becomes easy for insurance companies to question your account. Parties that might be at fault for your car accident include:

The Municipality Responsible for Maintenance of Roads

If the accident occurred due to poorly maintained roads with potholes or inadequate drainage, you can hold the municipality or government agency responsible for your losses.

The Driver

If you were a passenger, you can also hold the car‘s driver accountable for your losses. But you need to prove that the driver breached their duty of care by acting negligently, which led to the accident and your injuries.

Statute of Limitation

The statute of limitation restricts people from filing weather-related car accident claims after two years. The two-year timeline starts from the day of the accident.

Schedule a Free Consultation to Discuss Your Single-Car Accident Case With D.R. Patti and Associates

D.R. Patti and Associates is an exclusive personal injury law firm that understands the legal implications of weather-related accidents. Our car accident lawyers have helped many victims in Nevada, including those involving rideshare services.

We can help you also get the compensation you deserve. Contact us online or call us at (702) 500-7070 for a free consultation and discuss your case today.

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