If you are partly at fault in a Nevada car accident, you may still be able to recover if your fault is less than 50 percent.
How Liability Is Determined When You Are Partly at Fault
Being involved in a car accident can be a frightening experience. In some cases, both drivers will share a portion of fault for the accident. In that case, a driver who was less at fault may still be able to recover damages. The amount will be reduced by the percentage of the fault they had in the accident.
The Modified Comparative Fault Rule
Under Nevada law, car accident liability is determined according to the amount of fault each driver has for the accident. The state uses a rule to determine liability called the modified comparative fault rule. With this rule, each driver’s percentage will be determined and compared in order to determine whether damages are in order.
Recovery of Damages with Partial Fault
If you have suffered personal injuries and property damage in a car accident, you might end up going to trial. If the jury, upon hearing your case, decides that you are partly at fault, they will then determine the percentage of fault allocated to you. If, for example, the jury determines that your total damages from the accident are $250,000, but you were 10 percent at fault, your total recovery amount will be reduced by $25,000 for your proportionate fault. In the event the jury determines you were 50 percent or more at fault in your accident, you will not be able to recover any damages.
Why It Matters Even If You Don’t Go to Trial
This rule is important even if you end up settling your case rather than going to trial. Nevada insurance adjusters understand how fault is determined in the state, and they will use it when they are determining how much in damages you should be offered, if any. A car accident attorney in Las Vegas may help by assessing your percentage of fault, if any. Even if you share fault, it is possible to recover a portion of damages.