Determining fault is a key component of deciding who pays for injuries and property damage that result in a car crash. Deciding who is at fault requires an analysis of the facts surrounding the accident: who was involved, what were they doing at the time of the accident, where did the accident occur, and so forth. As in many states, Nevada applies rules of negligence to determine who is at fault in an accident.
Accidents typically happen due to negligence
Like many personal injury cases, a car accident often happens because at least one driver was acting negligently. In Nevada every driver has a duty to operate his or her vehicle in a careful manner. This duty is owed to other drivers and their passengers, as well as pedestrians, cyclists, and anyone else who happens to be on or near the roadway. For negligence to apply, the duty to drive with care must have been breached, and as a consequence of the breach the plaintiff suffered an injury.
In some accidents, determining fault is a fairly straightforward matter. If a driver who was involved in the accident was breaking a law or regulation at the time of the accident, that driver may be said to have been committing negligence per se. This moves the burden of proof from the plaintiff to the defense and makes a successful outcome for the plaintiff significantly more likely. Examples of this sort of behavior might include driving under the influence of alcohol or drugs, running a red light, or speeding.
Is it true that everyone involved in a crash is at least partially to blame?
A truism says that in an accident there’s always an element of blame shared between everyone involved. The assumption is that even an injured bystander might have done things differently to prevent the accident or at least reduce the harm done. For legal purposes, the reality is that some accidents are entirely the fault of one driver. But there are cases were blame can be spread around, least to a degree.
Nevada is a modified comparative negligence state. This standard says that a court can reduce a plaintiff’s recovery from the defendant by the extent to which the plaintiff’s negligent actions contributed to causing the accident or the resulting damages. If the plaintiff is found to be 50% or more at fault, the defendant can walk away without owing anything. As an example, if both the defendant and the plaintiff were speeding at the time of the accident, a jury may conclude that the plaintiff’s breaking the speed limit contributed 5% to the cause of the crash.
In any auto accident case involving serious personal injury, it’s important to consult with an attorney even if an insurance company appears to be handling the case the right way. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury and auto accident cases. Reach out to us today for a free attorney consultation about your accident. We can be reached at 702-388-4476 or through our site.