Las Vegas, like many major U.S. cities, is a vibrant, exciting place, but it also has dozens of daily auto accidents on its busy streets and highways.
One of the first things the police, your insurance company, and those involved will want to know is who is at fault for your traffic mishap. Suppose you are proven to be partially at fault. In that case, you may still have the option to file a lawsuit and obtain compensation for your injuries, monetary damages, recovery costs, and much more.
The Nevada courts use the “modified comparative negligence law” if you are partially at fault for causing an auto accident and possibly subsequent injuries. The comparative negligence law states that you may be entitled to compensation based on the proportion of responsibility you had in contributing to your traffic mishap.
To file a lawsuit and obtain rightful compensation, you and your experienced Las Vegas car accident lawyer must prove your car accident was the fault of another. If you were partly at fault, you would still be able to file a claim and obtain compensation for your monetary losses.
If you’ve been injured in an auto accident on the streets of Las Vegas, insurance companies will want to know what happened to cause your accident and if your or someone else’s negligence caused the traffic incident.
If negligence is present, you will have to file a lawsuit to obtain compensation for your physical and financial losses.
Negligence is vitally important in any personal injury lawsuit, including auto accidents. The term is legally used for any driver’s conduct when their actions create an unreasonable risk of harm to themselves or others. If another driver is negligent, and their negligence causes your injuries, they can, and should, be legally responsible for paying you damages.
Let’s say the other vehicle’s driver was driving 55 mph in a 25 mph zone. This was the main factor that caused your accident, but you were looking at your phone at the time. You may be partially at fault, but still, get compensated for your losses.
The most important thing to do is consult with an aggressive, thorough, experienced Las Vegas personal injury lawyer as soon as possible. They will analyze all aspects of your case and present it in a format that will fight for your rights and the compensation you deserve.
If I’m Vacationing in Las Vegas, Must I File My Lawsuit in Nevada?
The simple legal answer is, yes, you do. So, if you are injured in a car accident in Las Vegas, you must file your lawsuit in Nevada.
Remember that any personal injury lawyer in your home state won’t be familiar with Nevada’s traffic laws and legalities and may not be licensed in Nevada, which would be required.
The good news is that once your personal injury case is analyzed and your Las Vegas personal injury lawyer clarifies all its details, most of the legalities going forward can usually be managed by your Las Vegas law team. Of course, you may have to return at some point, but your lawyer will attempt to keep that to a minimum.
Auto Accident personal injury cases can be complex, and your medical bills, lost wages, and recovery expenses could amount to thousands of dollars. With that in mind, being represented by an experienced, local Las Vegas, personal injury lawyer will always provide you with the best chance of obtaining the compensation you and your family need and deserve.
How Is Modified Comparative Negligence Determined in Nevada?
Suppose you are even suspected of being at or partially at fault for your car accident. In that case, the sued party’s lawyer will do everything possible to prove you were the negligent party.
You and your aggressive personal injury lawyer must build an excellent case to prove comparative negligence to your jury or judge. An expert witness, bystanders, police reports, and much more may be used to show how the incident unfolded.
Your Las Vegas personal auto accident law team, experienced in Las Vegas traffic accidents, will meticulously assess and choose your witnesses and gather all critical evidence to help prove that the other driver was primarily responsible for your accident.
Your professional, empathetic, and winning personal injury attorney will work to mount the most effective strategy that favors your case.
What Else Should I Know About Nevada’s Fault Law?
You must note that Nevada is a fault state. Therefore, the driver determined to be at fault for your accident is responsible for any resulting monetary damages or injuries.
In most states, there are two types of fault laws, they are:
- States with No-fault laws – Regarding any auto accident, usually you do not have to prove who was responsible. Insurance compensation does not depend on fault. This, of course, depends on possible mitigating circumstances and the severity of your injuries.
- States with Fault laws – Such as Nevada, if you’re going to obtain compensation, the other driver’s fault must be proven. Then the at-fault party, or usually their insurance company, will be responsible for covering all your monetary losses and damages.
However, in Nevada, if you are partially at fault, the dollar amount you are awarded is reduced by the percentage you were to blame for your accident. Let’s say you were 20% to blame; then, if you were to receive $100,000, it would be reduced to $80,000.
Most importantly, if you were 50% to blame or more, you could (and usually will) receive nothing.
This is one of the main reasons your Las Vegas auto accident lawyer’s advice, guidance, experience, and thoroughness are critical to winning your case. The insurance companies will have their lawyers, and you must have yours to fight for your rights.
I May Be Partially To Blame For My Accident; How Should I Proceed?
Many vehicle accidents in Las Vegas can inflict great harm on you or a family member. Your medical costs, lost wages, recovery costs, and more can amount to thousands, if not hundreds of thousands, of dollars.
Suppose you feel, in any way, that the negligent party wants to put the fault on you. In that case, you must immediately consult with a local, winning Las Vegas car accident law team. Even losing twenty to thirty percent of your compensation may be significant, but if the other driver proves you are 50% or more responsible, you’ll get nothing.
Consult with your Las Vegas personal injury lawyer today, and they will fight for you, your family, and your future.