In Nevada, particularly in Las Vegas, car accidents occur at a high rate. In some cases, one driver is found at fault, but in many situations several drivers share responsibility. This can create uncertainty about whose insurance covers the injuries.
If you were in a car accident and share some of the fault, you may wonder whether you can still receive compensation for your injuries. Are you ineligible because you played a part? The good news is that you are not ineligible. Nevada follows modified comparative negligence, which allows you to receive compensation even if you were partly at fault. However, it depends on the details, and a Las Vegas personal injury lawyer can help explain the specifics.
Understanding Modified Comparative Negligence and Its Impact When You Are Partially at Fault
Modified comparative negligence is the rule Nevada follows in personal injury cases. It is important when two or more parties share fault for the same accident. It allows someone who is partially at fault to recover compensation for their injuries, but there are conditions.
Under modified comparative negligence, you cannot claim damages if your fault is 51% or higher. If you carry less than 50% of the fault, your compensation will be reduced by the percentage of fault assigned to you. For example, if you were in a car accident and were found to be 20% at fault, you can still seek compensation, but the amount will be reduced by 20%. A Las Vegas personal injury lawyer can help ensure you receive proper compensation even if you are partially at fault.
Damages You Can Claim in Las Vegas and How Partial Fault Impacts Them
After an accident, your injuries can significantly affect your life. You may be dealing with pain, high medical costs, property damage, and other losses. You can seek compensation for these damages, including medical expenses, lost wages, loss of future income, pain and suffering, property damage, loss of consortium, and emotional distress.
What if you are partly responsible? For example, after reviewing the facts, your Las Vegas personal injury lawyer concludes your damages total $60,000. If you are assigned 25 percent of the fault, you can still recover compensation, but your award drops to $45,000. Insurance companies often try to place more blame on you to lower what they must pay, so it is important to work with a lawyer licensed in Nevada.
How Insurers Approach Cases Involving Shared Fault
After a crash, insurance companies quickly begin looking into the details of what occurred. Keep in mind they are not advocating for you and will try to place as much blame as possible on the other party. Some of the strategies insurers may rely on include:
Challenging your account or behavior
Citing minor issues such as traffic violations
Contesting how serious the collision was
Focusing on parts of the police report that benefit them
Minimizing details in the report that support your claim
Claiming you were not fully attentive while driving
Arguing your injury existed before the incident
What to Do Following an Accident If You Are Partially At-Fault
The actions you take after a car crash play a major role in how much fault is assigned to you and the compensation you may receive. If you are involved in an accident, particularly if you think you may be partially at fault, make sure to do the following:
Seek immediate medical care: Even if you feel unhurt, visit a doctor or clinic as soon as possible. Early assessment safeguards your health and provides records connecting any injuries to the crash. Some issues appear later or start with mild symptoms, so getting checked promptly is essential even if you think you are okay.
Obtain an Official Police Report: Notify the police and obtain a police report. In Nevada, drivers must submit an SR-1 crash report to the DMV within 10 days when an accident involves injury, property damage above $750, or a fatality if police did not investigate the scene. When officers do respond, the report will include their observations, statements from the drivers and witnesses, and any traffic violations involved.
Capture Photos and Video: If possible, capture pictures and videos of the crash scene. Include the vehicles, any injuries, skid marks, debris, traffic signs, and the condition of the road. If you think others recorded the scene, collect their contact details and request their images or footage as well.
Avoid Admitting Fault: Even if you believe you were partially at fault, avoid admitting anything. Refrain from making statements about the crash, especially remarks like “I didn’t see you” or “I’m sorry.” When discussing the incident with anyone, stick only to the basic facts.
Notify Your Insurance Provider: Tell your insurer about the accident, but keep your explanation brief and limited to basic facts. Insurance companies record everything you say, and early statements can later be used against you.
Consult a Las Vegas Personal Injury Lawyer: At any stage after the accident, make sure to contact a Las Vegas personal injury lawyer. They can safeguard your rights, guide you on what to say or avoid, handle settlement negotiations on your behalf, and explain what to expect throughout the claims process.
Why Legal Help Matters in Shared Fault Car Accident Cases
Insurance companies focus on protecting their own interests and paying as little as they can. Since modified comparative negligence can reduce the amount you receive, hiring a car accident lawyer may be the most important step you take after a crash.
Your Las Vegas personal injury attorney will negotiate on your behalf, examine the details of the accident, and gather evidence to ensure you are assigned a fair portion of fault. If the settlement you are offered is not adequate, they will collect documentation to show what you are entitled to. They can take your case to court if necessary and guide you through the entire process while pursuing the compensation you deserve.
Consider Speaking With a Las Vegas Car Accident Lawyer
If you are involved in an accident where you may be partially at fault, it can be helpful to consult with a Las Vegas personal injury lawyer. An attorney can review the details of your case, explain how shared fault may affect your compensation, and assist with negotiating a fair settlement based on the evidence. Seeking legal guidance can provide clarity and support as you move through the claims process.
