Many people, especially newer drivers, get confused by the terms fault and no-fault when it comes to car insurance. For car accidents that take place in Nevada, the state uses a fault system, also referred to as an at-fault or tort system. Today, the personal injury lawyers at ER Injury Attorneys give a practical explanation of what it means for Nevada to be a fault state and what this means for you, should you get into an accident.
Nevada Is a Fault State
Nevada has been an at-fault or tort state for car accidents since June 1980. Being a fault state means that the person, persons, or parties responsible for the car accident are liable for any damages.
As an example, let’s say that you get into a car accident that was 100% caused by another driver. The other driver and their insurance company would be responsible for any expenses stemming from the accident. This includes property damage, medical expenses, physical therapy, pain and suffering, lost wages, and more.
While many consider the fault system to be fair, it can also be more complicated than a no-fault system–especially when there are multiple people and multiple insurance companies involved. This is one reason why it’s so important to have an experienced Las Vegas or Henderson car accident attorney by your side. The lawyers at ER Injury Attorneys have extensive experience navigating complex car accidents so that our clients get the highest compensation possible.
Nevada Uses Comparative Negligence for Car Accidents
For accidents where both drivers are at fault and accidents involving more than two parties, Nevada uses comparative negligence, as explained in NRS 41.141. This means that each party involved is responsible for a percentage of an accident’s costs.
For example, say you’re involved in a two-car accident that results in $10,000 of damages and it was determined that you were 25% at fault for the accident. You would be responsible for $2,500, while the other driver is responsible for $7,500. In practical terms, that means you should receive compensation as long as you’re not more than 50% to blame for the accident.
When it comes to accidents involving three or more parties, each party is assigned a percentage and is responsible for that percentage of damages.
Why You Need a Nevada Car Accident Lawyer
As Nevada is a fault state, liability is determined by the insurance companies of the parties involved. If they cannot come to an agreement and your situation progresses to a trial then a jury or judge determines fault percentage. As you can imagine, determining fault can be complex and contentious since the people and insurance companies you’re dealing with want to pay the least amount of money possible.
An experienced and knowledgeable Nevada car accident attorney, like the personal injury lawyers at ER Injury Attorneys, can take care of complicated car accident situations on your behalf.
Our team can take care of all your legal needs and help make sure that you receive the money that you deserve for your accident. If you’re recovering from injuries after a car accident then you don’t want the added stress of fighting against devious insurance agents. Let ER Injury Attorneys fight on your behalf so that you can focus on your health and well being.
How to Contact ER Injury Attorneys
Our legal team hopes you have a better understanding of what it means for Nevada to be a fault state. While many consider at-fault systems to be more just than no-fault systems, determining fault can be tricky under the best of circumstances. ER Injury Attorneys can give you one less thing to worry about by skillfully handling your legal needs to make sure you get the settlement that you deserve.
ER Injury Attorneys serves clients in Las Vegas, Henderson, Summerlin, Pahrump, Boulder City, and throughout Nevada. You can reach us 24 hours a day, 7 days a week by phone at 702-878-7878 and through the Internet via LiveChat or encrypted contact contact form. Our firm works on a contingency basis, which means that you don’t pay a dime unless we recover money on your behalf. Give us a call today to start your free, no obligation consultation and take the first step towards getting the money that you deserve.