Kevin Hansen Explains Car Accident Fault Rules in Nevada - Know Your Rights!
Hi, I’m Kevin Hansen. I help injury victims with comparative negligence in car accidents in Las Vegas, Nevada.
My clients often ask how comparative negligence is determined in car accidents, especially if they’ve received a traffic ticket.
Let’s clear up some of these questions with a discussion on how Nevada uses Modified Comparative Negligence to assign Car Accident Fault.
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Nevada uses a Modified Comparative Negligence Rule.
In most cases, who is at fault begins with an analysis of Negligence. Nevada uses a legal principle called Modified Comparative Negligence. This rule allows for the distribution of fault among all parties involved in an accident.
If you are involved in an accident, the amount of compensation you can receive for damages will be reduced by the percentage of fault attributed to you.
Let Hansen & Harmon Injury Law Take Your Auto Accident Case
Were you injured in a car accident involving driver negligence in Las Vegas? Being involved in a car crash can be overwhelming, especially when faced with medical bills, lost wages, and insurance company hassles.
At Hansen & Harmon Injury Law, we understand the challenges you’re facing, and we’re here to help. We know auto accident fault and negligence law.
What is Comparative Negligence?
It’s a Nevada Statute (NRS 41.141) that directs the courts to look at how much each person is to blame in an auto accident. This law is intended is to calculate a fair and equitable assignment of liability for accident victims. You can get money back as long as you’re not more at fault than the other person or people involved. This is sometimes referred to as the 51% rule.
The elements of comparative negligence are best left for qualified attorneys. If you have questions, call us and get scheduled with Kevin. We won’t charge you a dime and you will get legal advice for your injury and protect your rights.
What is the 51% Rule for Negligence in a Car Accident?
It is a simplified way of understanding Comparative Negligence in Nevada Law: NRS 41.141.
If you are determined to be 51% (or more) at fault for the accident, you cannot sue for damages for the accident. Your negligence must be “not greater than” the defendant in a car accident lawsuit.
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What if I the police wrote me a ticket for the accident? Does that mean I am at fault?
No. It does not automatically mean you are at fault.
Don't lose hope. This is where we can really help you. Just because you got a ticket after a car accident is no reason to give up.
Using decades of collision experience, we will look deeper at the legal cause of your accident. Many times we have had clients in this situation, and we've been able to prove a case, even when a traffic officer thought our client was at fault. Come talk with us. We just might surprise you, and it won't cost you a dime to find out.
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Kevin has spent a quarter of a century representing people who’ve been injured. He is battle tested and trial ready.
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How Does Nevada’s Modified Comparative Negligence Work?
If you are 50% or less at fault in an accident, you can still get money. But the amount you get is reduced by how much the accident was your fault.
Under this system, you can still recover damages as long as you are not more than 50% responsible for the accident. For instance, if you are found to be 30% at fault and the total damages are $100,000, you would be eligible to receive $70,000.
Can You Give Me An Example of the Modified Comparable Negligence rule?
Sure! Imagine a car crash where Driver 1 was speeding 10 mph over the speed limit while Driver 2 is texting while driving and runs the red light, crashing into Driver 1. The court uses the modified contributory negligence to set a percentage of who was more at fault. This percentage is used to figure out how much money each should get for their damages.
In this example, the distracted driver running the red light will likely receive a higher percentage of fault.
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What Happens If There Are Several People to Blame for an Accident?
If the accident was caused by several people, Nevada adds up their fault and compares it to yours. You can get paid if their total fault is 50% or greater.
Las Vegas Accident - InjuryRecent Case Results
Product Liability – $5.2 Million
Motor-Vehicle Accident – $1.2 Million
Grocery Store Slip & Fall – $1.4 Million
Casino Slip & Fall – $1.4 Million
Sexual Assault – $1.34 Million
Motor Vehicle Crash – $1.4 Million
Wrongful Death – $5 Million
What Does Several Liability Mean in Multi-Defendant Cases?
It means each person who caused the accident only pays for the part of the accident they caused. They don’t pay for each other’s mistakes.
When Can You Use Comparative Negligence in Court?
It is a legal defense. The defendant (typically the other driver’s insurance company) claims you were partly at fault. This is one way they lower the amount they’ll have to pay for your injuries.
Is It Possible to Settle When Many People Are Involved in an Accident?
Yes, you can make a deal with each person separately. Settling with one person doesn’t stop you from going to court with others.
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