Is Nevada a No Fault or At Fault State?
If you or a loved one has been injured in a car accident in Nevada, one of the first questions you probably have is - who is at fault and responsible for covering the costs associated with the accident? Knowing whether Nevada follows a no-fault or at-fault system for car accidents has important implications in determining how your injuries and vehicle damage will be handled by insurance companies after a collision.
What is the Difference Between No-Fault and At-Fault States?
In an at-fault state like Nevada, the driver who was negligent and caused the car accident is held liable or responsible. Their liability insurance company typically pays for the injuries and vehicle damage they caused to other drivers. Fault is determined by investigating which motorist was acting carelessly or infringing traffic regulations.
In a no-fault insurance state, both drivers file injury and damage claims through their own auto insurance policy, regardless of who caused the collision. These no-fault states still allow drivers to file lawsuits if their damages exceed a certain threshold. Fault does not need to be established.
Nevada’s At-Fault Laws
Nevada is an "at-fault" state when it comes to financial responsibility for losses stemming from a motor vehicle accident. This means the insurance company representing the driver who was negligent or violated traffic laws will be held financially accountable for injuries and damages they cause in an accident.
Some key aspects of Nevada’s at-fault car accident laws include:
- The burden of proof lies with the plaintiff - For an injury victim to receive compensation in Nevada, the plaintiff (typically via their personal injury attorney) must prove the defendant driver acted negligently and directly caused damages through their negligent driving or violation of traffic laws.
- Contributory negligence - Nevada uses a modified contributory negligence rule to determine compensation when both drivers were partially negligent. If a plaintiff is less than 50% at fault for causing the accident, they can still recover compensation, but it will be reduced by their percentage of fault.
- Comparative negligence - Related to contributory negligence, Nevada uses comparative negligence to calculate damages based on each party's percentage of fault if both drivers were negligent to some degree. Fault percentages are determined during litigation.
- Uninsured/underinsured motorist coverage mandatory - Nevada law requires drivers to carry a minimum of $15,000 per person/$30,000 per accident in uninsured/underinsured motorist coverage to protect victims of accidents caused by drivers with no or insufficient insurance.
Proving Fault of the Other Driver
Since Nevada uses an at-fault insurance system, injury victims cannot just file a straightforward claim under their own policy. They must prove the negligence and liability of the other motorist in order to receive rightful compensation.
An experienced personal injury lawyer can conduct a thorough investigation and gather compelling evidence to demonstrate the other motorist’s legal fault. This can include evidence like:
- Police accident reports
- Black box car data
- Witness statements
- Photographic evidence from the scene
- Medical reports documenting injuries
- Expert testimony on factors like accident reconstruction, property damage estimates, vocational assessments, etc.
Steps After a Nevada Car Accident
If you have been injured in a car accident caused by another driver’s negligence in Nevada, key next steps include:
- Seek any necessary medical treatment - Your health and proving causation comes first. Fully comply with recommended treatment plans.
- Report the accident to insurers - Before you speak to any insurance company you should consult with a car accident attorney first. They will be able to help you report your claim to your insurance company. Remember that even your own insurance company is not looking out for your interests. Insurance companies will often try to devalue your claim from the very beginning. An experienced attorney will help you through this process to make sure your claim is protected, and you don’t say or do anything that will harm your claim.
- Document evidence from the scene - Take photos of damage, injuries, skid marks, weather conditions, etc. Get contact details of witnesses.
- Consult us - We can conduct an investigation, preserve evidence effectively, determine fault, negotiate your claim and file a lawsuit if reasonable settlement offers are not made.
How to Choose a Car Accident Injury Lawyer in Nevada
Finding the right personal injury attorney is crucial to prove liability and secure fair compensation in Nevada’s at-fault car accident system. Consider these tips when evaluating lawyers:
- Specialization - Search for lawyers concentrating specifically in personal injury, not general practice attorneys. Specialists have superior expertise in proving negligence of drivers, determining accident causation and calculating injury claim values.
- Case experience - Ask about years handling car accident cases, settlement rates and litigation wins. An extensive case history with favorable verdicts denotes skill.
- Resources & expertise - A robust law firm can leverage significant resources for claim investigation and have niche experts for evidence issues like reconstructing wrecks, diagnosing injuries, quantifying vehicle damage, vocational impacts etc. This builds strong cases.
- Contingency fees - Top attorneys work on contingency fees i.e., they only collect if they win money for you. Fees are set percentages of final settlement/court award amounts. No upfront payments should be needed in personal injury suits.
- Client endorsements - Reviews, ratings and testimonials can indicate client satisfaction levels and reputability of the attorney you are considering.
Take time to research lawyer qualifications thoroughly. This helps injury victims choose the best legal representation thereby optimizing their chance of claim success under Nevada’s at-fault system. Alternatively, speak to one of our experienced motor vehicle accident lawyers.
How a Nevada Injury Lawyer Can Help
Retaining an experienced Nevada personal injury accident attorney like us at Karns & Karns Personal Injury and Accident Attorneys early on can greatly benefit someone injured by another motorist’s negligence. We can help in lots of ways, including:
- Deal directly with contentious insurance adjusters so you can focus on recovery
- Determine the full scope of financial losses you’ve incurred
- Calculate the actual value of your injury claim based on verifiable loss evidence
- Negotiate assertively with the at-fault driver’s insurer
- Take the necessary legal action if fair compensation is not offered
An accomplished Nevada car accident law firm like us can protect your rights every step of the way in claim litigation and help you maximize compensation under Nevada’s at-fault laws. With clear liability laws, Nevadans are empowered to hold negligent drivers fully accountable. Consult one of our trusted attorneys from Karns & Karns Personal Injury and Accident Attorneys to get started.
