If you’re unlucky enough to be involved in a car accident, it’s bad enough. But what happens if you were partly to blame? Can you still claim damages for injuries?
Nevada is a Comparative Negligence state. Provided that you were not more negligent than any other parties involved, you can still recover compensation. If one or more defendants were collectively at least 51% responsible for the accident, then you can bring a claim against the respective insurance companies.
Before compensation can be awarded, liability has to be proven and apportioned. That division of liability directly determines the proportion of damages you will receive. Say that you’re in a car accident with two other vehicles. The court finds that Defendant One is 25% to blame for the accident; Defendant Two is 50% to blame and that you contributed to the accident by 25%.
In other words, 75% of the accident was not your fault. So how does that impact on an award of compensation?
The court will consider the medical evidence in your case and representations from your legal team before determining the damages that you should be awarded. Let’s say that amount is $10,000.
Because you were 25% to blame for the accident and injuries, the court reduces the compensation by the same percentage. Therefore, the award to you is $7,500.
It’s straightforward enough as a legal concept, but Comparative Negligence can be a tricky area to negotiate. What if one driver was speeding but the other car had a defective light? What if a third vehicle just ran a red light? To what extent did the various negligent actions cause or contribute to the accident?
Determining apportionment of liability can be challenging. Making sure that a client gets a fair deal in a Comparative Negligence case can be a complex job: it needs an expert pair of hands and solid courtroom experience.
Our car accident attorneys have been helping clients find justice for years. If you need us, call now to set up a free consultation. And if you can’t come to us, Bighorn Law will go to you. We’ve got your back, 24/7.