When car accidents happen across the country, it is more common than not that more than one person is at fault for the collision. This scenario is just as true for car accidents that happen in Las Vegas and other parts of Nevada. Determining fault and what degree of fault among the parties can be a difficult but important task. This is because fault is a critical factor in influencing not only subsequent compensation for the victim, but who is financially on the hook for paying out the monies. In Nevada, you are entitled to monetary compensation even if you are partially at fault for the crash that resulted in your injuries.
Liability in Nevada
Nevada follows comparative negligence when it comes to determining fault in personal injury cases. This law allows an injured personal injury plaintiff to recuperate a percentage of his or her damages as long as one or more defendants was at least 50% responsible for causing the accident or resulting injury. Nevada uses what is termed as a modified comparative negligence rule. Under this rule, an injured plaintiff can only recover monetary compensation if her or she was less than 50% at fault for the accident or injuries. In other words, if you are involved in a Nevada accident and the jury finds you were 50% or more responsible for the accident and resulting injuries, you are not entitled to any monetary compensation, no matter how serious your injuries may have been.
Proving Fault
When you are involved in a Las Vegas car accident with other drivers, in order to successfully obtain monetary compensation for harm suffered, you will need to prove the other party or parties were negligent. Negligence requires the injured party show that the defendant(s) owed a legal duty to him or her, this duty was breached, and the breach was the actual and legal cause of the accident, which resulted in injuries, and caused damage.
There are many ways to establish fault. This may include evidence such as the police report outlining the details of the crash, if the other party was issued a citation as a result of the accident, video surveillance footage of the crash, photographs of the accident scene, and eyewitness testimony, among other evidence. A personal injury attorney will conduct an independent investigation of the accident and gather relevant evidence to support your insurance claim and/or your personal injury lawsuit. As discussed earlier, if you are less than 50% responsible for the accident, you can recover monetary compensation relative to the defendants’ percentage of fault.
Hire a Las Vegas Accident Attorney
The experienced Las Vegas personal injury attorneys at H & P have represented many car accident victims across the state of Nevada. Our skilled lawyers can advise you on your rights and legal options under Nevada law. We will zealously pursue your car accident claim and personal injury lawsuit and fight for the most monetary compensation possible under the law. Contact us today for your initial case evaluation.
(image courtesy of Jom Jakkid)
