Anyone who has been involved in a car accident in Las Vegas will need to understand the Comparative Negligence rule for these types of cases. This rule may affect the amount of compensation you are entitled to for your losses.
Understanding How Comparative Negligence Applies to Your Car Accident Case
The first thing that you should do after you have been in an accident is speak to a car accident attorney Las Vegas. Your rights as a victim of an accident can be greatly affected if you say the wrong thing to the insurance company after the event. Admitting responsibility for the accident, even partial responsibility, to the insurance company or the police can impact your case. The State of Nevada has the Comparative Negligence Law and this applies to the amount of fault each party has in an accident.
Understanding Comparative Negligence
Under Nevada law, if a person is injured in an accident they have the right to seek compensation for their losses and injuries. However, the law also states that the percentage of responsibility for the accident on the injured party must be considered during the compensation process. Nevada law states that the injured party can be no more than 50 percent responsible to receive compensation. In addition to this requirement, this law states that the percentage of fault that the injured party is responsible for in the accident is the percentage to be used to decrease their compensation. What this means is if the injured party is found to be 40 percent at fault for the accident and is awarded $100,000, the compensation will be reduced by $40,000 to a final compensation of $60,000.
Attorneys Use Accident Reconstruction Specialists
Because the percentage of fault is so important to a case, most Las Vegas car accident attorneys use an accident reconstruction specialist to determine the actual cause of the accident and who was at fault. Injury victims who thought that they were partially to blame are sometimes found to be not responsible for the event in any manner.
The seriousness of the Comparative Negligence law makes it very important that you never admit fault when you are involved in an accident. Simply decline answering and allow your legal representative to establish the facts of the event.