Fault of the Injured in a Car Accident

aftermath of red car crash

When you are involved in an accident in the State of Nevada, the Comparative Negligence Rule is applied to your case. What this means is that fault for the accident must be applied to both parties to determine if compensation can be granted to the injured party and the amount of compensation to be received.

Comparative Negligence Rule

After an accident, your attorney and the insurance company will have the event reconstructed to determine fault. This is so they can establish what percentage of fault the injured party is responsible for concerning the event.

According to Nevada law, the injured party cannot be more than 50 percent responsible for the accident to receive compensation. Furthermore, the percentage that the injured party is at fault will be the percentage their compensation is reduced.

For example, if a compensation package is worth $10,000 and the injured party is found to be 40 percent responsible for the accident, their compensation will be reduced by 40 percent or $4,000 for a total compensation value of $6,000.

If the injured party is found to be 51 percent or more at fault for an event, they are unable to collect any type of compensation under Nevada law.

Important Fact To Remember

It is human nature to assume you are at fault, even partially when an accident occurs. Acting out of compassion and concern, people often take on some of the responsibility of an accident in an effort to offer comfort to the other people involved. This is a serious mistake.

You should never admit fault, even partially when an accident occurs. The event itself is disorienting and can make you believe things occurred that did not happen that way or at all. It is in your best interest to stay quiet and contact an attorney after you have received medical care. Your attorney will have the accident professionally reconstructed to determine actual fault.

Why You Need To Speak To An Attorney

Your rights as a victim of an accident can be impaired by the Comparative Negligence Rule. Any portion of an accident you are found to be responsible for will affect your overall compensation. It is important to speak to an attorney to protect your rights and to have the accident scene carefully evaluated to determine true fault for the event.