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Determining fault after a car accident

If you have been injured or suffered property damage in a car accident, you may want to recover damages for your medical expenses, lost wages and other accident-related costs. In order to recover damages, you will have to determine who caused the accident. The at-fault party will then be held liable for damages resulting from the accident.

Determining who is at fault in a car accident is not always easy. In many cases, one driver violates a traffic law or otherwise behaves negligently or recklessly behind the wheel. This may involve driving while under the influence of alcohol, speeding, texting and driving or any other irresponsible behaviors. If you can establish that the other driver breached their duty to operate their vehicle safely and that their breach caused you injury, you may recover damages from them.

In many cases, both drivers are partially at-fault for the accident. For example, one driver may be 60 percent liable for the accident for running a red light, while the other driver is 40 percent liable for failing to yield. In Nevada, the amount of damages you recover will be reduced by the percentage of your negligence. However, under the modified comparative negligence rule, Nevada only allows the plaintiff to recover damages if the defendant's negligence is greater than yours. In the example above, if the driver who is 60 percent liable brings suit against the other driver, they would not be able to recover damages from the other driver.

It can be difficult to figure out who is at fault for your accident. If you have been in an accident, it may be in your best interest to contact an experienced personal injury attorney. Your attorney can assist with your claim and determine whether you have a strong case for damages.

Source: FindLaw, "Fault and Liability for Motor Vehicle Accidents," accessed on Aug. 14, 2017

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