Car accidents can be confusing, especially when both drivers share some blame. This situation is called partial fault. It’s important to understand how Nevada law handles partial fault and how it affects your chances of getting compensation for your injuries and damages. This guide will explain everything clearly so you know what to expect and what to do.
Understanding Partial Fault and Comparative Negligence
Partial fault means that more than one driver is responsible for causing the accident. Nevada uses a system called comparative negligence, which is different from other states that might have stricter rules.
Under Nevada’s comparative negligence rule, you can recover money even if you are partly to blame for the accident, as long as your share of fault is less than 51%. This means if you are 50% at fault or less, you can still get compensation. However, if you are 51% or more at fault, you cannot recover any damages from the other party.
For example, if you were driving and another driver ran a red light, but you were speeding slightly, the insurance adjuster might say you are 40% at fault and the other driver is 60% at fault. Since you are less than 51% at fault, you can still claim damages but your compensation will be lowered by your 40% share of fault.
This rule is designed to be fair by sharing responsibility according to each person’s role in causing the accident.
How Fault Affects Your Compensation
The percentage of fault assigned to you affects how much money you can get after an accident. The total amount of your damages includes medical bills, lost wages, car repairs, pain and suffering, and other losses.
Once fault is determined, your compensation is reduced based on your share. For instance, if your damages equal $20,000 but you are 25% at fault, your payout would be $15,000 after subtracting your 25% share.
Insurance companies use fault percentages to figure out how much they have to pay. Sometimes, they may try to assign you a higher fault percentage to reduce what they owe. This is why it is important to have evidence to show who really caused the accident.
If the fault split is 50/50, Nevada law treats it as too much fault on your side to get any money from the other driver’s insurer. In that case, you may need to rely on your own insurance, if available.
Steps to Take If You Are Partially at Fault
If the other driver claims you are partially at fault, follow these steps to protect yourself:
- Collect Evidence: Take pictures of the accident scene, your vehicle, the other driver’s vehicle, skid marks, traffic signs, and any injuries. Get contact information of witnesses who saw what happened.
- Report the Accident: Call the police to file a report. This official document helps determine fault. Also, notify your insurance company quickly and provide facts but avoid admitting blame or guessing who caused the crash.
- Seek Medical Attention: Even if you feel okay, some injuries show symptoms later. A doctor’s report is key proof of your injuries and needed treatment.
- Document Everything: Keep records of your medical visits, bills, lost wages, and any communication with insurance companies.
- Consult a Lawyer: A car accident lawyer will help you understand your fault percentage, gather evidence, and fight to reduce your fault or challenge unfair claims by the other side.
Taking these actions early makes it easier to prove your side of the story and get fair compensation.
Why You Should Work with a Las Vegas Car Accident Lawyer
Dealing with insurance companies after a car accident can be frustrating. They may try to reduce or deny your claim by blaming you for the accident.
A lawyer who knows Nevada’s laws can explain how comparative negligence works and what that means for your case. They can investigate the accident, collect evidence, and speak with witnesses to build a strong claim.
Also, lawyers can help make sure deadlines are met and paperwork is filed properly. If your fault percentage is higher than you think, a lawyer can argue to lower it or prove the other driver was mostly to blame.
Handling your claim alone risks losing money you deserve or missing out on important benefits. A lawyer works to protect your rights and helps get the best outcome.
Get Legal Help After an Accident
Car accidents where fault is shared can feel complicated. But being partially at fault does not mean you lose your right to recover damages.
Nevada’s comparative negligence law lets you get compensation if you are less than 51% to blame. The key is knowing your fault percentage and how it affects your payout.
If you are involved in an accident with partial fault, start by collecting evidence, reporting the crash, and seeing a doctor. Then talk to a car accident lawyer who can help with your claim and make sure insurance companies treat you fairly.
Don’t wait to get help. The sooner you act, the better your chance to protect your rights and get the money you need to pay for your injuries and losses.
Contact us now to learn more about your case and how to move forward.
