When an out-of-state visitor gets into an accident in Nevada, the first thing that comes to mind is if Nevada has no-fault auto laws. Fortunately, Nevada is a fault state where you can bring a claim against the responsible party through your personal injury lawyer after an accident. And there isn’t a minimum threshold for the damages or injuries to bring a legal claim, and an individual can bring a legal claim even if the damage is minor.
Here’s a quick guide to Nevada fault law to provide out-of-state visitors with useful insights into the state’s regulations so they can take the right steps!
Nevada Fault Law
Nevada uses a ‘fault’ system regarding car accidents, according to which all the financial responsibility lies on the party that caused the accident, including the vehicle repairs, medical bills, lost wages, and others. Regardless of the type of accident, Nevada Fault Law applies in which the party at fault is responsible for all the damages. But the victim must prove that the other party was at fault.
So, any individual who meets a car accident in Nevada, particularly a collision resulting in injuries, must act to determine the other party’s negligence, gather evidence, and understand how the Nevada fault law will apply to their case. The most critical part of a car accident inquiry in Nevada is sorting out the fault, which helps you prove your claim.
In some cases, multiple people may be involved in a car accident, all sharing the blame. Therefore, it’s important to identify the fault and comparative fault issues following a car accident, and this requires you to seek the assistance of an experienced Nevada personal injury lawyer who’s well-versed in Nevada car accident laws and insurance regulations.
Modified Comparative Negligence Law in Nevada
A ‘modified comparative negligence’ fault structure is followed in Nevada, also known as ‘shared fault’ or ‘comparative fault,’ under which a driver can recover damages from the other party only if the latter is at least 50% responsible for the accident. The court determines how much each party is subjected to blame if more than one parties are at fault and adjusts the damages accordingly.
When two or more parties are involved in a car accident, each party’s damages are adjusted by the percentage of their fault. For example, if you’re hurt in an accident in which you were 25% at fault, you can recover 75% of your damages.
If total damages are $10,000, you can recover $7,500 because you were responsible for the remaining 25% of the damages. Also, if one of the parties is at fault by more than 50%, they cannot recover compensation. For instance, you cannot claim damages if you’re 51% at fault in a car accident and the other party is 49%.
There are typically three ways to proceed if one suffers damages or injuries in a car accident in Nevada:
- File a claim with the responsible party’s insurance company
- Take the at-fault party to court through a personal injury lawsuit with the help of a Nevada car accident attorney
- File an insurance claim with your insurance company if your policy covers your losses
Whatever the case or nature of the accident, the best is to contact an experienced personal injury attorney to better understand the steps you need to take following a car accident in Nevada.
Talk to a Nevada Car Accident Lawyer Today!
If you’re hurt in a car accident where someone else was at fault, contact the Bourassa Law Group to talk to an experienced personal injury lawyer. The Bourassa Law team has skilled attorneys well-versed and experienced in Nevada’s car accident laws and personal injury lawsuits. Your personal injury lawyer will accompany you throughout the complicated process and fight for your rights until you get fair compensation for your losses.
Call 1-800-870-8910 immediately following a car accident in Nevada and talk to an experienced attorney!
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