Liability in Nevada Car Accidents
Liability in Nevada car accidents hinges on the state’s fault-based system and modified comparative negligence laws.
Nevada’s Fault-Based System
Nevada operates under a fault-based system for car accidents. This means the party responsible for causing the collision must cover the costs associated with it, including medical expenses, property damage, and lost wages. Victims can file claims directly against the at-fault driver’s insurance or pursue legal action to recover damages.
Modified Comparative Negligence in Nevada
Nevada follows a modified comparative negligence rule (NRS § 41.141) when determining liability in car accidents. This law states that an injured party can recover damages as long as they are less than 51% at fault. Therefore, if you are 50% or less responsible for the crash, you can still receive compensation. However, your recovery will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault for the accident and your total damages are $100,000, your compensation will be reduced by 20%, meaning you will receive $80,000. If you are 51% or more at fault, you cannot recover any compensation.
Nevada Car Insurance Requirements
To ensure that drivers can cover damages they may cause in accidents, Nevada law requires all drivers to carry liability insurance. The minimum coverage limits are as follows (NRS § 485.185):
- $25,000 for bodily injury or death of one person
- $50,000 for bodily injury or death of two or more persons
- $20,000 for property damage
If a driver causes an accident and does not have the necessary insurance coverage, they can face significant penalties, including fines, license suspension, and personal liability for any damages exceeding their policy limits.
Establishing Liability in Nevada Car Accidents
Establishing liability often depends on the evidence gathered at the scene. Nevada law (NRS § 484E.030) requires drivers involved in an accident to stop, render aid, and exchange information with the other parties involved. Failing to do so can result in criminal charges and make it more difficult to defend against liability claims.
To determine fault, law enforcement will investigate the accident scene, review witness statements, and examine any available surveillance footage. The police report generated from this investigation often plays a critical role in determining who is at fault. Additionally, insurance companies will conduct their own investigations before accepting or denying liability.
In some cases, liability is clear, such as in rear-end collisions, where the driver in the back is almost always at fault. In other instances, determining who is responsible can be more complicated, especially when multiple vehicles are involved.
How an Attorney Can Help
A Las Vegas Car Accident Attorney can help ensure that liability falls on the right party by thoroughly investigating the accident, gathering evidence, and analyzing traffic laws, accident details, and any negligent actions. Attorneys also handle communication with insurance companies to prevent unfair blame-shifting and negotiate on your behalf. If necessary, they will take the case to court to present a strong argument, ensuring that the responsible party is held accountable.