How Comparative Negligence Can Affect Your Nevada Car Accident Claim

What Is Comparative Negligence? A Clear Definition

What is comparative negligence? It is a legal doctrine that governs shared fault car accident claims. The core idea of this doctrine is that multiple parties can be negligent, thus sharing responsibility for an accident. The impact of comparative negligence on compensation is based on the percentage of fault of each liable party.

This legal doctrine contrasts with contributory negligence, which is a much less friendly legal doctrine. Under contributory negligence, if you are even 1% at fault for your injuries, you are barred from recovering compensation from other at-fault parties. Fortunately, Nevada doesn’t use contributory negligence.

The civil justice system is controlled by modified comparative negligence in Nevada. This system applies to nearly all types of claims and personal injury cases, including car accidents.

Nevada’s Rule: Modified Comparative Negligence Explained

How does modified comparative negligence in Nevada work? Nevada’s modified comparative negligence rule combines features of pure comparative negligence and contributory negligence.

Under this system, the percentage of fault in car accidents determines both how much compensation each driver can receive and whether a driver may receive compensation. If, under Nevada car accident fault rules, you are 51% or more at fault, you are prohibited from getting compensation from any other partially at-fault parties.

When suing after a car accident with shared fault, the jury will examine the evidence. If the jury determines that your percentage of fault is 50% or less, it will assign partial compensation based on your percentage of fault. Car accident compensation with partial fault is always prorated based on the percentage of fault of the defendant.

For example, imagine that a jury determines that your claim is worth $100,000 and also determines the defendant is 70% at fault for your injuries. The jury would order the defendant to pay you $70,000, because that is 70% of the total value of your claim.

While this doctrine applies only to the outcome of a trial, it also effectively applies to settlements. If you get an offer for a car accident settlement in Nevada, the insurance company will apply this legal standard to that offer.

How Is Fault Determined in a Nevada Car Accident?

One of the first questions we get from many potential clients is: “Is Nevada a no-fault state?” It is not, and that means determining liability in auto accidents is critical.

So, in multi-car accidents, who is at fault, and how do we make that determination? Typically, we use the following types of evidence to determine liability, especially when fault percentage is a point of contention with the insurance company.

The Official Police Report

After an officer arrives at the scene of the accident, they will gather statements from the drivers, create a diagram of the accident scene, and determine whether any traffic laws were violated. The police officer will use all of this information to create a police report. While police reports can help in determining liability, they are not legally binding, especially if other evidence contradicts them.

Witness Statements and Testimony

While each driver will provide a statement about what caused the accident, these statements are typically considered biased. When proving negligence in auto accidents, lawyers and insurance companies prefer to have the statement of a third-party witness.

Independent witnesses are more likely to be unbiased in their assessment of the chain of events that led to the accident. When determining liability in auto accidents, investigators will usually attempt to interview witnesses as soon as possible.

Physical and Photographic Evidence

Do you know what to do after a car accident to best protect your rights? One of the most important things you can do is take pictures of everything.

Without physical evidence, an accident claim can turn into just two conflicting stories. However, if you take pictures of everything in the accident scene, that physical evidence can potentially support your side of the story. You should photograph vehicle damage patterns, road marks, and anything else you think might be relevant.

Video evidence, if available, is equally important for proving fault in car accidents. Look for traffic or surveillance cameras that may have recorded the accident. If you see any, note the location and the owner.

Violations of Traffic Laws

Some of the most common causes of fault in car accidents are:

• Speeding
• Distracted driving
• Running a red light
• Illegal lane changes
• Fatigued driving

If you suspect the other driver was violating traffic laws, tell the responding police officer immediately. They will investigate and issue a ticket if appropriate. Proof that the other driver ran a red light or ignored the speed limit can help you get fair compensation.

Common Scenarios Where Comparative Negligence Applies

Consider some of the following real-world situations where comparative negligence applies.

Intersection and Left-Turn Accidents

Imagine a scenario where driver A is turning left at an intersection and driver B is going straight through it. In most scenarios, the driver turning left is at fault. However, the fault distribution may be a little more even between the drivers if driver B was speeding or not paying attention to their surroundings.

Rear-End Collisions

Determining fault in rear-end collisions is usually relatively easy. The rear driver is typically presumed to be at fault. However, shared fault is possible in rear-end collisions in some circumstances.

For example, if one driver brakes for no apparent reason or has broken taillights, the driver in the rear may be only partially at fault for driving too close to the car in front. While these are unusual circumstances, they are worth discussing with a lawyer, especially if you are the rear driver in this type of collision.

Lane Change and Merging Incidents

Lane change collisions can involve some particularly complicated scenarios where multiple parties share responsibility. When changing lanes, you are expected to signal and check your blind spots. Fail in these activities, and you will likely be partially at fault for an accident.

However, another driver might also be partially at fault if they are driving at unsafe speeds or also switching lanes. If you are involved in a lane change accident, you should expect the insurance company to determine partial fault for all drivers.

The Impact of a Fault Percentage on Your Compensation

The impact of comparative negligence on compensation is quite significant because it affects compensation of all types. This means that you might not receive enough compensation to fully cover your medical expenses or lost wages.

One of the primary goals of the car accident lawyer representing you is maximizing compensation. They determine how much compensation you are eligible to receive and what you need to cover your losses and expenses. Comparative negligence complicates that, because it can lower the compensation you get from:

• Medical costs
• Lost income
• Property damage
• Future medical care
• Pain and suffering
• Emotional distress
• Reduction in quality of life

When assisting you with comparative fault insurance claims, your attorney needs to focus on negotiating settlements with comparative negligence. Mitigating the effects of negligence on car accident claims requires your attorney to exhaustively gather evidence that supports your claim. 

That can delay your claim and limit your compensation when critical evidence isn’t available.

How Insurance Companies Use Comparative Negligence Against You

One of the more frustrating realities of car accident insurance claims is that the insurance adjuster is your adversary. When negotiating settlements, the adjuster will use comparative fault insurance claims to attempt to limit the amount of compensation you receive. 

They often make fault-shifting strategies like:

• Tricking you into admitting that you were partially at fault.
• Misinterpreting evidence to place the blame on you.
• Offering subpar settlements before you understand the full extent of your expenses and losses.

These fault-shifting attempts succeed all too often. You might easily fall into one of these traps if you don’t have an experienced car accident lawyer representing you.  

How Adam S. Kutner, Injury Attorneys, Fights To Protect Your Claim

How does Adam S. Kutner, Injury Attorneys, protect you during car accident injury claims in Nevada? Our law firm is home to dozens of legal professionals who spend every day maximizing compensation for our clients.

To get you a favorable outcome, our car accident lawyers start every case by completing a thorough, independent investigation. This allows our attorneys to better challenge an inaccurate finding of legal responsibility in car crashes.

While gathering this evidence takes time, our skilled legal team has extensive experience investigating accident scenes, getting access to video footage, and interviewing witnesses. We move swiftly, while thoroughly documenting every step of the process.

Our attorneys also handle all communication with the insurance company. This protects you from shady techniques designed to elicit false confessions of fault. When our Las Vegas car accident attorneys have a strong enough case, they negotiate relentlessly to protect your rights.

The last thing an insurance company wants to deal with is an experienced Las Vegas law firm that has a record of success. We represent everything your insurance adjuster fears.

Contact a Las Vegas Car Accident Lawyer Today

Navigating comparative negligence claims can be frustrating if you try to do it alone. It helps to have a skilled and experienced litigator supporting your claim. The Las Vegas lawyers at Adam S. Kutner, Injury Attorneys, have decades of experience and have helped over 50,000 clients get fair compensation from personal injury claims.

If you have been seriously injured in a car accident in Las Vegas, you deserve to be represented by lawyers who will fight to maximize your compensation.

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