Auto accidents occur every day. If you or a loved one suffer an injury in an accident that is not your fault, it may be possible to seek compensation through an auto accident claim.
Proving fault is an essential part of the claim process. There are a few key aspects to understand in regard to Nevada’s fault law.
Fault vs. no-fault
Different states abide by either a fault or a no-fault law. Those states that use a fault law require auto accident claimants to prove that the defendant was at fault for the accident that resulted in the injury and damages. On the other hand, states with a no-fault law direct claimants back to their own insurance to address accident claims, essentially holding no one at fault. The state of Nevada uses the fault law.
In establishing fault, the court considers a few key factors. Some of the main ones include:
- Police reports
- Admission of fault
- Witness statements
- Weather conditions
- Drivers’ speed
When determining the claim award amount, modified comparative negligence may play a role. Simply stated, modified comparative negligence considers the claimant’s contribution to the incident and decreases the award by the percentage of fault that the claimant carries. For example, if the determination is an award of $200,000, but the claimant was responsible for 15% of the accident, the award that the claimant actually receives would equal 85% of the award amount, or $170,000. In cases where the court finds that the claimant is more than 50% responsible for the incident, the claimant does not receive an award amount.
Understanding the fault law may aid parties in determining a course of action in regard to their case. It may also be beneficial to consult with a professional and review the personal fault law.