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Question: How does comparative negligence affect my car accident claim in Nevada?
Joseph L. Benson II, Esq. Answer: Car accidents in Las Vegas can be complex, particularly when fault is shared between parties. Understanding comparative negligence laws and how they impact your case is essential. With over 20 years of experience, I’m dedicated to guiding you through this process—protecting your legal rights, ensuring your case is handled with fairness, and fighting relentlessly for the compensation you deserve.
How does comparative negligence work in Nevada?
Nevada follows a modified comparative negligence rule, meaning if you are partially at fault for the accident, your compensation may be reduced based on your degree of fault. For example, if you’re 20% at fault for the accident, you could still recover 80% of your damages. However, if you are found to be more than 50% at fault, you may not be entitled to compensation at all. It’s important to know how fault is assigned and how it affects your claim.
What evidence can be used to determine fault?
Establishing fault is vital in any accident claim. In shared fault cases, evidence that can impact your case includes:
- Police reports
- Witness testimonies
- Traffic camera footage
- Medical records
These documents help clarify who is responsible and to what extent each party contributed to the accident.
What should I do if I am partially at fault?
If you are partially responsible for the accident, it's still worth pursuing a claim. You can still recover compensation, but it will be reduced based on your degree of fault. Consult with an attorney to assess your case and help you navigate this complex issue. An attorney can also help present your case in the best light, aiming to reduce your percentage of fault.
How can an attorney help with a shared fault case?
An experienced personal injury attorney will be able to analyze all aspects of the case, including the comparative negligence law, and use evidence to minimize your degree of fault. They’ll also work to ensure that the insurance company doesn’t unfairly reduce your settlement. Having professional legal representation can make a significant difference in the outcome of your case.
What happens if the insurance company disagrees with the fault?
If there’s a dispute over who is at fault, it may lead to a lengthy negotiation or even litigation. Your attorney will gather supporting evidence, handle communications with the insurance company, and, if necessary, represent you in court to prove that your share of the fault is less than what the other party claims.
By following this guide, you'll be on your way to recovering and securing the compensation you're entitled to.
Ready for a free a consultation? Click here or call 702-382-9797 to connect with an attorney today. Our main office is at 626 S 10th St., Las Vegas, NV 89101.
Please note: The information in this column is intended for general purposes only and is not to be considered legal or professional advice of any kind. You should seek advice that is specific to your problem before taking or refraining from any action and should not rely on the information in this column.