Who Is At Fault in a Car Accident in Nevada?
A key concern of car accident victims is “Who is at fault for the car accident?”
If you fail to act quickly, you may find yourself to be declared at fault by the insurance company.
Take control of the situation. Speak with an at fault car accident lawyer right away.
Key Points
at fault Car Accidents
Nevada is an At Fault State.
Nevada is an “at-fault” state, meaning the party responsible for causing the accident is liable for the damages. This is typically handled through auto liability insurance. Nevada law mandates that all drivers carry minimum liability insurance to cover potential damages they might cause in an accident.
The coverage is commonly referred to as 25/50/20, and the state mandated minimum coverages are:
- $25,000 for bodily injury per person.
- $50,000 for bodily injury per accident.
- $20,000 for property damage per accident.
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Comparative Negligence in Nevada
Under Nevada’s comparative negligence laws, fault is assessed with a proportional split. Even if you are partly responsible for the accident, you might still qualify for compensation. However, your fault percentage must not exceed 50%. If it does, you may lose the right to any compensation.
Fault percentage is determined through a thorough investigation, often revealing shared responsibility among drivers involved in the accident.
Role of Insurance Companies in Fault Determination
When dealing with car accidents in Las Vegas, it’s crucial to understand the role of insurance companies in the fault determination process. While it’s standard procedure for victims to file a claim with their insurance company after an accident, it’s important to recognize that insurance companies may not always have your best interests at heart.
Here’s a hot tip: Talk to a lawyer before contacting any insurance company.
Insurance Companies are Not Always Your Friend
Insurance companies, in their role of assessing fault, do consider various factors such as police reports, witness statements, driving behavior, and weather conditions. However, it’s essential to remember that these companies are businesses with a primary goal of profitability. This means they have a vested interest in minimizing payouts on claims. Such an approach can lead to an assessment of fault that is skewed in their favor, potentially reducing the compensation victims might rightfully claim.
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Why Do You Need a Car Accident Attorney
The reality is that we cannot stress enough the importance of having an attorney when dealing with insurance companies.
The insurance companies hope you handle your own claim. This way they control the outcome.
An experienced auto accident attorney can provide several key advantages:
- Objective Fault Assessment: A lawyer can help assess the situation objectively and determine the true extent of fault, countering any biased assessments by insurance companies.
- Expertise in Negotiations: Attorneys are experienced in negotiating with insurance companies. They understand the tactics these companies may use and are skilled in countering them to ensure fair treatment for their clients.
- Maximizing Compensation: With a deep understanding of the law and experience in similar cases, attorneys are adept at ensuring that their clients receive the maximum possible compensation for their damages and losses.
- Court Representation: If negotiations with the insurance company fail, an attorney can represent your interests in court, presenting a strong case backed by evidence and 25 years of legal expertise.
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What Evidence is Used to Determine Fault in Car Accidents
To determine who is at fault, your attorney will consider various elements, including:
- Police Reports: These documents provide vital details about the accident, including statements from those involved and witnesses.
- Witness Testimonies: Eyewitness accounts can offer valuable insights into the accident’s circumstances and fault.
- Conducting interviews with witnesses.
- Driving Behavior: Speeding, distracted or reckless driving can significantly influence fault determination.
- Weather Conditions: These are also considered when assigning fault.
- Reviewing medical records
- Inspecting injuries or property damage.
Las Vegas Accident - InjuryCase Results
Product Liability – $5.2 Million
Motor-Vehicle Accident – $1.2 Million
Grocery Store Slip & Fall – $1.4 Million
Casino Slip & Fall – $1.4 Million
Sexual Assault – $1.34 Million
Motor Vehicle Crash – $1.4 Million
Wrongful Death – $5 Million
Importance of Police Reports in Determination of Car Accident Fault
While a police report is not the final word in fault determination, it is a critical piece of evidence. It contains details about the accident, statements from involved parties, and observations from the responding officer. In Nevada, it’s mandatory to file a DMV Report of Traffic Crash (SR-1) under certain conditions as per Nevada Revised Statutes (NRS) 484E.070.
Important Note: If the police report puts fault on you, don’t give up. A good attorney can analyze the actual legal fault, especially in the light of comparable negligence and you may still be able to receive compensation for your damages.
FAQ
Who is at fault questions and answers
A: Yes, in Nevada, you can claim compensation even if partially at fault, provided your fault level is under 51%.
A: Factors like the police report, witness statements, your driving speed, and weather conditions play a role in this determination.
A: Driving without insurance can lead to penalties like fines, reinstatement fees, and the need for SR-22 insurance.
A: An experienced car accident lawyer is essential for safeguarding your rights and ensuring just compensation in a fault-based system like Nevada’s.
One of the first tasks we will do is to notify the parties of your claim and require the preservation of evidence (video, reports, documentation of damages, med reports, etc).
Got Questions About an At Fault Car Accident Case in Nevada? Let’s Talk!
If you or someone you care about has been in a car accident, our expert team is here to help.
Contact us now for a free consultation and get the legal advice and support you need to get the maximum compensation for your damages.
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