After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Victims can suffer a wide array of injuries in a car accident. However, traumatic brain injuries (TBIs) are most prevalent in car accidents.
A traumatic brain injury can penetrate the skull, such as a gunshot wound, or be non-penetrating, as would occur in a car accident. The most common type of TBI in a car accident is a concussion.
There were 223,135 hospitalizations related to TBIs in 2019 and 69,473 TBI-related deaths in 2021. A concussion is caused by a bump or blow to the head. Any sudden force exerted on your head can cause your skull to move back and forth rapidly. The sudden movement can result in brain damage.
Symptoms of a concussion may include:
Concussions are not usually life-threatening and are normally classified as “mild” traumatic brain injury. This does not mean this is a minor injury, as it should always be taken seriously. Those who have suffered a concussion should have their condition monitored in the hours and days after the traumatic event.
Every driver in Nevada is required to have the following minimum coverage:
These are just minimum insurance requirements. It is always best to carry extra coverage in the event of a collision that causes serious injuries.
Drivers who want to have further vehicle damage protection can also choose to buy collision and/or comprehensive coverage:
It may also be in your best interest to purchase uninsured/underinsured motorist coverage (UM/UIM). This will cover you and your passengers in the event that the other driver is at fault, but either has no insurance or insufficient coverage.
As a Nevada driver, you also have the option to buy Medpay coverage. This will cover your medical costs, no matter who was at fault for the accident. It will also provide coverage if you were a pedestrian hit by a vehicle.
At Kidwell & Gallagher, we have years of experience handling claim denials. If you have recently been in an accident, and your car insurance carrier is denying your claims, we are here to help.
Some states are “no-fault” states when it comes to car insurance claims, meaning that motorists insured under the policy can recover damages without fault being determined.
Nevada, along with 37 other states, is considered a “tort” state. This means that the motorists responsible for a collision must pay for the other driver’s losses. This will include any injuries and vehicle damage.
The amount of damages may be decided by an insurance company after conducting a thorough investigation. The liable party will pay damages to the extent they are found at fault for the accident.
If your case proceeds to court, then a judge or jury could be deciding the liability party’s percentage of fault. You are able to recover for your injuries as long as you are not found more at fault for the accident than the defendant.
Let’s examine a car accident taking place at dusk. A motorist makes a left turn at an intersection, striking an oncoming vehicle. This results in a broadside collision, otherwise known as a “T-bone accident.”
At first glance, the motorist making the left turn may seem entirely at fault. However, an insurance investigation uncovers that the oncoming driver did not have their vehicle’s headlights on.
Nevada law states that all drivers must turn on their headlights for the duration of thirty (30) minutes after sunset to thirty (30) minutes before sunrise.
The law also mandates that a vehicle’s headlights must be turned on when lighting is poor, or weather conditions prevent persons or vehicles from being visible from at least 1,000 feet ahead.
The motorist turning left could not see the oncoming car. The degree to which each driver is at fault will determine damages.
Proving fault in a car accident can be tricky. Eyewitness testimony is often unreliable, and a police report may provide limited information on what took place.
The video footage could prove that you do not share any responsibility for the accident. Video footage may be hard to locate. Nevada has strict laws regarding the use of video surveillance.
The most commonly used forms of video surveillance are dashcams, red-light cameras, and police bodycams.
Dashboard cameras, or dashcams, normally record video footage while your vehicle is on. Nevada does permit drivers to use dashcams. In fact, state patrol cars have dashcams installed.
According to Nevada Revised Statutes (NRS 484D.435), windows and windshields must be unobstructed, although dashcams are permitted as long as they are no larger than a “6-inch square area of the lower corner of the windshield farthest removed from the driver.”
Dashcams can be helpful in accidents involving pedestrians. There have been numerous situations in which pedestrians jump into oncoming traffic, aiming to get hit by a vehicle.
This is known as insurance fraud, and pedestrians may pretend to have suffered injuries or may suffer injuries from being struck by a car. Dashcam footage can be crucial in seeing exactly what happened.
This type of evidence is usually admissible in court as long as the investigation pertains to events that took place outside of your vehicle.
A red-light camera is a tool used by law enforcement to catch drivers running red lights. It may photograph or take a video of a vehicle crossing through an intersection as a traffic light turns red.
Nevada prohibits the use of red-light cameras unless it is in the possession of a police officer. Red-light cams that are hand-held by law enforcement or are installed temporarily in police vehicles are allowed.
If you are lucky enough to have a police officer present during the time of your accident, then this type of evidence could benefit you in court.
Nevada requires all police officers who were hired on or after July 1, 2013, to wear bodycams. Officers that were hired previously to this date reserve the option to not wear a bodycam.
A body-worn camera (BWC) is defined as “a mobile audio and video capture device that allows an officer to record what is seen and heard.” A BWC can help in improving the accuracy of police reports, which can be a vital piece of evidence in car accidents.
However, BWC footage will most likely only capture what took place directly following an accident when the officer arrives on the scene.
Access to this footage comes at a price. The consumer is charged $280 for each hour of video footage requested.
Besides reporting your car accident to the police, you are also required to report the accident to the Department of Motor Vehicles pursuant to Nevada law.
The Nevada Department of Motor Vehicles (DMV) requires that you submit an SR-1 report within ten days of your accident. This report is required if anyone was injured or killed, or if there was $750 or more in property damage to any one person’s vehicle or property.
You must also include the following attachments with the report:
A reliable auto mechanic will be able to give you an estimate of how much it should cost to repair your vehicle. A mechanic will be able to surmise if your vehicle is totaled, meaning that the cost to repair the vehicle is higher than the current value of your car.
You are not required to file an SR-1 report if a police officer filed an accident report that includes your contact and insurance policy information.
Failure to report an accident to the DMV will automatically result in a one-year license suspension. Most insurance carriers also require that you report an accident. Not reporting an accident could result in your insurer not renewing your policy or increasing your premium.
It is important to never admit fault, even if you believe you are partly at fault for the collision. An insurance adjuster will use any indication that you shared liability for the accident against you. Have a car accident attorney handle all communications with insurers to avoid any mishaps.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.