Even if you or both parties were partially at fault in a car accident that occurred in Las Vegas, you may be entitled to compensation under Nevada law. Many accidents are caused by error or joint negligence between drivers, and being partially at fault does not automatically preclude a claim for compensation. It is important to understand how Nevada’s comparative fault rules apply and how to act after an accident to give yourself the best chance of receiving fair compensation. After that, getting help from the most reliable traffic accident lawyer should be a priority.
Understanding Nevada’s Two-Party Negligence Law
Nevada follows a modified comparative fault system, defined in Nevada Revised Statutes (NRS) 41.141, with respect to automobile accidents. This law applies when liability for an accident is unclear, and often both parties involved in the accident bear some responsibility.
If your fault is less than 50%, you can receive compensation for damages.
Under Nevada's comparative negligence doctrine, you may be entitled to compensation for your injuries or losses as long as you are not more than 50% at fault.
NRS 41.141 Comparative negligence does not bar claims for damages; jury instructions; Liability of multiple defendants.
1. If comparative negligence is asserted as a defense in a lawsuit seeking compensation for death, injury or property damage, damages cannot be claimed unless the comparative negligence of the plaintiff or the plaintiff's deceased is greater than the negligence or gross negligence of the defendant.
2. In such cases, the judge shall instruct the jury as follows:
(a) If the comparative negligence of the plaintiff or the comparative negligence of the plaintiff's deceased is greater than the negligence of the defendant or the combined negligence of several defendants, the plaintiff is not entitled to compensation.
(b) If the jury finds that the plaintiff is entitled to damages, he or she must return: (1) The total amount of damages that the plaintiff may recover, regardless of the plaintiff's degree of negligence, according to a general verdict; and
(2) A special judgment indicating the percentage of fault attributable to each party remaining in the action.
3. In such litigation, if the defendant reaches a settlement with the plaintiff before the judgment is pronounced, the defendant's percentage of fault and the settlement amount may not be subsequently introduced as evidence or considered by the jury. The judge must deduct the settlement amount from the net amount the plaintiff would have received under the general and special verdicts.
4. If indemnification is granted against more than one defendant in such action, except as otherwise provided in Paragraph 5, each defendant shall be individually liable to the plaintiff only for that portion of the judgment corresponding to the proportion of fault attributable to that defendant.
If the other driver was largely at fault, you may have the right to seek compensation. However, if you are found to be more than 51% at fault, you will not be able to receive any damages from the other party.
Your compensation will be reduced by your percentage of fault.
Even if you are eligible for damages, your total compensation amount will be reduced by your percentage of fault. For example, if your damages are $120,000 and you are found to be 25% at fault, you will only receive $90,000. The higher the percentage of fault, the less compensation you can receive. These regulations can be complex, so a clear understanding and appropriate legal advice is important to ensure the fairest possible outcome.
example
Below are some examples of how Nevada’s comparative fault principles can be applied to real-life car accident situations.
Example 1: 20% did it wrong
Suppose you were speeding and another driver made an illegal left turn, resulting in a collision. If the investigation determines that you were 20% at fault and your total damages are $50,000, your final compensation will be reduced by that percentage and you will receive $40,000.
Example 2: 50% fault
If both parties are found to be at fault for the accident (for example, both you and the other driver ran a red light at the same time), you may be entitled to damages, but your amount will be reduced by half. For example, if your damages total $30,000, you would receive $15,000 after your fault is reduced by 50%.
Example 3: When more than 50% is at fault
If you are found to be 60% at fault, you will not be able to receive compensation for, for example, speeding, changing lanes without a turn signal, or colliding with a speeding vehicle at an intersection. If the percentage of fault exceeds 50%, Nevada law provides that you cannot receive compensation, regardless of the severity of your injuries or the amount of medical expenses incurred. Understanding these cases can help you understand how your percentage of fault may affect your financial outcome in a Las Vegas car accident claim.
How is fault determined in a car accident?
Determining fault in a car accident is not always simple, and insurance companies and courts use specific procedures to determine liability. If you're filing an insurance claim, it's helpful to understand these procedures.
The adjuster conducts an investigation to determine whether there was negligence.
Insurance investigators will look at the details by reviewing damage, tire marks, photos of the scene, and other physical evidence. We also reconstruct the circumstances of the incident based on the statements of the people involved and look for inconsistencies in statements or obvious violations of traffic laws.
The Role of Police Reports, Witness Statements, and Evidence
Police reports serve as valuable evidence because they document the immediate aftermath of an accident and can even mention who was deemed at fault. Eyewitness testimony can also provide valuable information, and insurance representatives may rely on CCTV footage or accident reconstruction experts to help build their case.
Why it is important not to admit fault at the scene of an accident
Saying something out of the blue in the heat of the moment, such as an apology, can cause big problems later. Admitting fault or speculating about the circumstances of the accident can lead to misunderstandings that can later be used to refute your claim. Therefore, it is important to ensure that insurance and legal proceedings proceed based on the facts. Because the circumstances of each case are different and determining negligence can be difficult, it is essential to consult with a Las Vegas personal injury attorney. If you have been involved in a car accident in Las Vegas and have questions about future proceedings, contact Park Law Firm, a car accident lawyer, right away to receive experienced legal advice.
This article is general information, not legal advice about your specific situation.