There are a set of rules of conduct that many drivers are taught to follow in the event they are in an accident. These rules include taking pictures of the scene and any damages or personal injury, contacting the police, exchanging insurance information with all other drivers involved in the accident, and contacting a personal injury attorney if you believe the other driver was at fault for any injuries you incur as a result of the crash.
Drivers are also taught not to engage in any conversation at the scene regarding what transpired and who may be at fault for the crash. This is because drivers found to be at fault for a crash face a variety of penalties and consequences such as citations, increased insurance premiums, and possible long-term legal ramifications depending on the severity of the negligence.
In personal injury cases that go to trial, it is the responsibility of the judge and jury to determine who was at fault for the accident and to award monetary compensation amounts accordingly. Many drivers in Las Vegas may not be completely aware of how this process works.
In Las Vegas and Nevada, the courts use a special kind of system for determining fault known as “modified comparative fault.” Read on to discover what Las Vegas residents should know about fault determination in personal injury cases.
Modified Comparative Fault Explained
In a modified comparative fault system, a plaintiff cannot recover compensation for damages if their level of fault is above a certain percentage as determined by the court. Nevada follows the 51% Bar Rule; if you as the plaintiff were deemed to be 51% or more at fault, you cannot collect compensation for damages and personal injury.
This rule also means that plaintiffs in Las Vegas and Nevada can be up to 50% at fault for an accident and still receive compensation. However, the amount that can be recovered will vary depending on the percentage of fault assigned to each party involved in the accident.
A Case Study of Comparative Fault
To illustrate how comparative fault works in Nevada courtrooms, let’s examine a hypothetical example. Let’s say that you are involved in an accident with another driver and you incur personal injury as a result. You believe the driver was completely at fault for the accident, because he ran into you while both of you were exiting a four-way stop. You therefore hire a personal injury attorney and prepare to go to court.
During court proceedings, the defendant is able to prove that although you acknowledged the stop sign and reduced your speed, you failed to come to a complete stop, rolling through the stop sign and committing a moving violation. The courts determine that your actions were not as negligent as the other driver’s, who completely failed to stop at the stop sign. The courts determine that overall, you were 25% responsible for the crash.
In this example, whatever amount you are ultimately rewarded will be reduced by 25% to reflect the court’s assignment of comparative fault.
Working With Legal Professionals
Drivers often find they need legal expertise when planning to take someone to court after a crash. For years, the attorneys at H&P Law have been helping Las Vegas residents fight for the compensation they deserve. Contact H&P Law today to get the support you need.
