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In a Nevada car accident, every party involved can share fault. This article will explore the Nevada law surrounding comparative negligence and how it may affect your personal injury lawsuit.
Is Nevada an At-Fault State?
In the context of car accidents, Nevada is an at-fault state. This means that the party responsible for the auto accident is financially responsible for the injuries and damages resulting from the car accident.
Under an at-fault system, the at-fault driver of the car crash may be liable for the following:
Medical Bills
Repair Costs
Lost Income
Pain and Suffering
While most U.S. states are considered at-fault states, Nevada differs by having its own modified comparative negligence law, which is vital to know when filing a car accident claim.
Understanding Nevada's Modified Comparative Negligence Law
One of the most essential Nevada car accident laws to understand is Nevada's comparative negligence rule, which outlines how multiple parties can be at fault and the effects.
What Is Comparative Negligence?
Comparative fault is a legal doctrine that allocates fault among multiple parties involved in a car accident. Comparative negligence allows not just one party to bear total liability for an accident but multiple parties to share liability.
Nevada's Modified Comparative Negligence Explained
The Nevada fault law is stated in NRS 41.141. The critical components of this statute are:
Shared Fault: Under Nevada's contributory negligence, parties involved in an auto accident can be assigned a percentage of fault based on their contribution to the accident.
Reduction of Compensation: Nevada's negligence law also outlines that a party's final compensation amount will be reduced based on the percentage of fault they hold. For example, if a party is awarded $150,000 in damages but is 15% at fault for the accident, their final compensation will be $127,500.
51% Bar Rule: Nevada's modified comparative negligence rule outlines that if a party is 51% or more at fault for a car accident, they will be unable to recover damages for their injuries and property damage.
How Is Fault Determined?
Determining fault in a car accident can be challenging, costly, and lengthy, requiring help from an experienced attorney. However, the steps for determining fault after an auto accident are provided below.
1. Evidence Collection
The first step in determining fault is collecting evidence to build a case. Collecting evidence may include gathering police reports, witness statements, driver's license numbers, and photographs of the accident scene.
By building a solid case, you set yourself in a good position to beat any counterclaims from the other party's insurance company.
2. Insurance Company Investigation
Following making an auto insurance claim, the other party's insurance company and possibly your own insurance company will investigate the car accident.
Insurance adjusters may gather statements from other drivers, reconstruct the accident, and review the evidence the person injured provides.
3. Ligitation
If liability is not determined through negotiations, then a judge or jury will determine fault in the court.
How Can I Limit My Fault for a Car Accident in Las Vegas
When looking to lower your fault in a car accident and recover damages, you should:
Gather Evidence: Getting as much evidence related to your case as possible will help build a stronger case.
Cooperate with Authorities: Provide the police officer on the scene with accurate and extensive details of the accident so they may make a complete police report.
Work with an Experienced Attorney: Contacting the attorney at our law firm will provide you with Las Vegas's best and ensure you get the most out of your claim.
How Much Compensation Can I Receive?
You can recover compensation for two main categories, which are economic and non-economic damages. The compensation you recover will depend on the extent of injuries you suffered, the at-fault party's insurance coverage, and your degree of fault.
In Nevada, the liability insurance requirements are:
$25,000 for bodily injury per person
$50,000 for bodily injury per accident
$20,000 for property damage per accident
These requirements provide a basic outline of how much compensation you may receive for your car accident. However, it's important to note that most auto accident lawsuits present larger policies, such as when an accident involves commercial vehicles.
Insurance Considerations for Car Accidents
In Nevada, all drivers must carry a minimum amount of liability insurance outlined in NRS 485.185; however, the insurance coverage we recommend you have to avoid out-of-pocket financial responsibility after a car accident is:
Uninsured/Underinsured Motorist Coverage: In a car accident where the other driver does not have insurance or has insufficient insurance, UM/UIM coverage can help cover the costs not covered by the other driver.
Collision Coverage: This coverage will cover repairing your vehicle regardless of fault.
MedPay: MedPay will cover medical expenses after a car accident, regardless of fault.
Personal Injury Protection: PIP will cover costs related to a personal injury, such as lost wages. However, PIP is not commonly offered in Nevada.
Contact a Las Vegas Car Accident Lawyer Today
Our law firm has handled hundreds of car accident cases where we limited the fault of our clients, resulting in them having bigger payouts for their claims.
If you are seeking compensation and have been exploring legal options, contact the experienced car accident lawyers at Rodney Okano Car Accident Lawyer today.
With 20+ years of experience, our attorneys are well-versed in Nevada car accident laws and will obtain maximum compensation on your behalf.
To speak with one of our attorneys today, call (702) 566-3600 for a free consultation.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
