As a Las Vegas lawyer for both felonies and misdemeanors, I’ve been practicing compensation law related to road traffic accidents for years. After a car crash, people can find themselves in stressful situations. Many of us will have injuries that will take time to heal. One of the most critical factors in recovery is the ability to acquire legal compensation for lost wages, medical expenses, lack of wages, and any other financial consequences of a car wreck situation.
Nevada is a ‘fault’ state, meaning the driver that causes the accident is legally responsible for paying for any damages. If you’ve had an accident and have suffered any losses due to the careless actions of another driver, you have the right to claim and seek recovery through the responsible party’s liability insurance policy.
But what happens if you were partly to blame for a car wreck? Can you still recover compensation?
Comparative Negligence in Nevada
Comparative negligence is a tort law rule that can be applied to a situation in which both parties are partially responsible for an accident and any related damages. In Nevada, the comparative negligence law will allow a plaintiff in a personal injury case to receive a percentage of the other plaintiff’s damages as long as one or more of the defendants are proven to be at least 50% responsible for an accident or injury.
Nevada has a 50 percent bar on their comparative negligence system, meaning that as long as a plaintiff’s degree of fault is no greater than 49 percent, they have the right to compensation for their injuries.
In cases where a plaintiff is found to be over 50 percent responsible for a crash, they would be barred from receiving compensation from the defendant. If a plaintiff is less than 50 percent responsible, their damages would be reduced in comparison to the plaintiff’s degree of fault. For example, when a plaintiff is found to be five percent guilty, their recoverable damages will be reduced by five percent.
Your Lawyer’s Role in Challenging Undue Negligence Claims
It’s crucial to hire an experienced car accident lawyer who is able to challenge false claims of comparative negligence by the opposing driver’s insurance company.
Your lawyer can help you by:
- Requesting or gathering any physical evidence from the car wreck scene.
- Gathering video footage, cell phone records, and data from electronic data recorders relating to the accident.
- Interviewing any eyewitnesses.
- Working with experts in the accident reconstruction field.
- Consulting with medical experts regarding the extent of the damages and harm you suffered.
- Asking for copies of the police accident report.
Your attorney will gather and present any evidence to back up and prove the damages you have sustained. This includes economic and non-economic harm. The attorney that you choose to work with can negotiate on your behalf with the insurance company involved and improve your chances of being fully compensated.