Being involved in a car accident can be overwhelming. As you deal with the aftermath—medical bills, car repairs, and potential time off work—understanding how fault impacts your compensation becomes crucial. In Nevada, comparative negligence significantly determines how much you can recover after a car accident.
At Oronoz & Ericsson, we want to ensure you understand how Nevada’s comparative negligence laws could affect your car accident case and the compensation you may be entitled to.
What Is Comparative Negligence in Nevada?
Nevada follows a modified comparative negligence rule. This means that the compensation you can recover from a car accident depends on the percentage of fault assigned to each party. If you are found to be partially responsible for the accident, your compensation will be reduced by your percentage of fault. However, you may be barred from recovering any damages if you are more than 50% at fault.
This rule can significantly impact the outcome of your claim, making it essential to understand how comparative negligence works and how it is applied in Nevada car accident cases.
How Comparative Negligence Is Applied
In Nevada, after a car accident, the insurance companies or the courts, if your case goes to trial, will determine the degree of fault for each party involved. Each driver’s actions leading up to the accident are evaluated to assign a percentage of fault. For example, if you were speeding when another driver ran a red light and hit your car, you and the other driver may share some responsibility for the accident.
Let’s say you were found to be 20% at fault, and the other driver was 80% at fault. If your total damages amounted to $100,000, you would be eligible to recover 80% of that amount, or $80,000. However, if you were found to be 51% at fault, you could not recover any compensation.
Why Comparative Negligence Matters for Your Case
Understanding how comparative negligence works is essential because insurance companies often try to shift as much blame as possible onto you to reduce the amount they must pay. They may argue that you were speeding, distracted, or failed to take proper precautions, even if the other driver was primarily responsible for the crash.
This makes it crucial to gather strong evidence supporting your claim and showing that the other driver’s negligence was the primary cause of the accident. The more fault you can place on the other party, the higher your chances of recovering the full compensation you deserve.
How to Protect Your Claim Under Nevada’s Comparative Negligence Laws
Knowing that comparative negligence can impact your claim, there are steps you can take to strengthen your case and minimize any potential reduction in compensation:
1. Gather Evidence at the Scene
Take photos of the accident scene, vehicle damage, and any visible injuries. Collect witness statements and exchange information with the other driver. This documentation will help establish the facts of the case and protect you from unfair fault assessments.
2. Seek Immediate Medical Attention
Even if your injuries seem minor, seeking medical treatment right away is critical. Insurance companies could use delays in treatment to argue that your injuries aren’t serious or are unrelated to the accident, which could affect your compensation.
3. Avoid Giving Statements to the Insurance Company Without Legal Advice
Insurance companies may try to get you to admit partial fault or downplay your injuries. Always speak with an attorney before giving any statements to ensure your words won’t be used against you later.
4. Work with an Experienced Nevada Car Accident Lawyer
Having a lawyer on your side can make all the difference. At Oronoz & Ericsson, we understand the complexities of Nevada’s comparative negligence laws and how they can impact your case. We’ll work tirelessly to ensure you aren’t unfairly blamed for the accident and that you recover the maximum compensation possible.
Let Oronoz & Ericsson, LLC Help You Navigate Comparative Negligence in Nevada
Understanding comparative negligence is crucial to protecting your rights after a Nevada car accident. At Oronoz & Ericsson, LLC, we have years of experience handling complex car accident cases and navigating the comparative negligence laws that impact them. We are dedicated to fighting for our clients and ensuring they receive the compensation they deserve.
Don’t let the insurance company blame you if you’ve been involved in a car accident. Contact us today for a free consultation and let us help you navigate your case. Call (702) 904-8703 to schedule your consultation.