One of the hardest parts about any car accident lawsuit is determining fault. Nobody ever wants to admit that they caused a car crash. Everyone always points the finger at the other driver. You’re no different. Your Henderson car accident lawyer will have to prove that the other driver was responsible for your car wreck.
Proving that the other driver was at fault is crucial to your car accident claim. Whoever is found to be at fault is the person who’ll have to pay damages. You don’t want to be that person. Your car accident lawyer in Nevada understands this. They also know what it takes to prove your case.
The one thing that can ruin your case is if the defendant can prove that you were at fault. Nevada follows something called the modified comparative fault rule. This means that you can only recover if you were less than 50% at fault. If you’re found to be 51% at fault, your case will be dismissed.
If you’ve been in any sort of car accident, you should call a car accident lawyer in Henderson, Nevada today.
What is the Modified Comparative Fault Rule?
Nevada follows the modified comparative fault rule. This means that, if you’re partially at fault for your car crash, your damages will be reduced by your percentage of fault. So, if you’re found to be 30% at fault, your claim will be reduced by 30%.
The other thing about this rule is, if you’re found to be 51% at fault, you won’t collect a dime. Your case will likely be dismissed but only after the defendant proves you were at fault. In fact, if you think about it, if you’re 51% at fault (or more) the defendant may have a claim against you.
This is something your lawyer will review with you. If there’s a chance that you’re going to be found more than 51% at fault, your lawyer may not want to pursue your case. There’s too high a chance that the other driver will file a counter-claim.
How Much Will My Case Be Reduced?
Under the comparative fault rule, your claim will be reduced by your percentage of fault. So, if you’re found to be 30% at fault, your claim will be reduced by 30%. If your found to be 40% at fault, then your claim will be reduced by 40%.
Let’s say that you’re the front driver in a rear-end collision. You suffer $100,000 in damages. The defendant’s lawyer submits evidence that your brake lights weren’t working on the day of the crash. They also prove that you slammed on your brakes and may have caused the accident.
In a rear-end collision, the rear driver is presumed to be at fault. In this example, the court may find that you’re 40% at fault. This means the most you can collect is $60,000. This is because your claim will be reduced by 40% (your percentage of fault.)
Why Does Nevada Follow This Rule?
The whole point of filing a lawsuit is so that you can be made whole. Courts are based on fairness – or equity. It’s only fair that, if you were partially at fault for your crash, that you be responsible for some of your own damages.
The thing about comparative fault is that the defendant still has to prove fault. The defendant can’t just say you were 40% at fault and the case is closed. They have to submit evidence that proves you were at fault. The judge or a jury will make this determination. They’ll do so after reviewing all the evidence.
Keep in mind – most cases settle long before they see a jury. The insurance company will have the same information as your lawyer. They’ll have an idea of how much they’re willing to pay for your claim. Some of this will be based on their perception of who was at fault. Your lawyer will go into settlement negotiations with this in mind,
Contact a Car Accident Lawyer in Henderson, Nevada
If you’ve been involved in a car accident, you may need to call a car accident lawyer in Henderson, Nevada. Your lawyer at Nettles Morris Law Firm will review your case and determine who was at fault. If they think you have a valid claim, they’ll offer to handle your case.
Call today and schedule your initial consultation. Your consultation is absolutely free and you pay nothing until you settle your case. The defendant will have a lawyer working for them and you should too.