How To Get The Best Possible Compensation After a Nevada Car Accident

The comparative negligence rule in Nevada can be both good and bad if you have experienced a car accident. It allows you to claim compensation even if you were partially at fault, but it also reduces your compensation by your percentage of fault. Insurance companies are known to highlight the evidence that benefits them and downplay evidence that is to your benefit. Their goal is to settle for as little as possible and they do this by pushing as much blame as they can onto you.

You can avoid unfair blame by taking some crucial steps like gathering evidence and getting immediate medical attention for your injuries, but the most important step you will take after a car accident is getting a lawyer on your side.

The following blog will give you more details on Nevada’s comparative negligence rule and how you can navigate around it for the best possible compensation amount.

A lawyer discussing how Nevada’s comparative negligence rule affects a car accident claim with a client.

Understanding The Comparative Negligence Rule In Nevada

After a car accident, there are many things you must consider as you move ahead with your accident claim. One of the more complex issues that will be addressed is who was at fault. Nevada’s comparative negligence rule makes this part of the process challenging and requiring of a Las Vegas car accident attorney.

The comparative negligence rule assigns each person involved in the accident a percentage of fault. In order to claim damages, you must be 50% at fault or less. Anything above 50% of the fault will bar you from being able to file a claim. If you are below 50% at-fault, your compensation will be reduced by the amount of fault you hold.

For instance, if you are in a car accident and hold 20% of the responsibility, your $60,000 settlement will be reduced to $48,000. This can play in your favor in some instances and can play against you in others which is why having legal representation on your side is essential.

How Insurance Providers Use The Comparative Negligence Rule Against You

Insurance companies are not out to help those who are injured, but instead do everything they can to pay as little compensation as possible. One of the ways they do this in Nevada is by leveraging the comparative negligence rule to reduce or eliminate payouts. Their strategies can include:

Shifting Blame: The insurance company will thoroughly investigate your case, finding everything they can to assign you with as much fault as possible. They may argue that you were speeding or not signaling, looking for anything that will reduce the amount of fault the other driver holds, pinning it onto you.
Highlighting Small Mistakes: Any small mistakes that were made by you could result in lower compensation. Insurance companies scrutinize the accident, looking for anything they can use to chip away at your credibility.
Using Selective Reports and Statements: If there are witness statements and police reports, the insurance company can choose to focus on ones that are favorable for them and downplay the ones that support you.
Offering Initial Lowball Settlements: You may receive communication from insurance rather quickly, offering you a low settlement combined with high pressure. They will have assigned you more fault than you deserve and will hope you take the offer. Don’t take any initial offer before consulting with a Las Vegas car accident lawyer.

What You Can Do To Avoid Unfair Blame In Nevada Car Accidents

The good news is, you don’t have to settle for low settlements and unfair blame. There are steps you can take to avoid these scenarios, including:

Get medical attention right away, even if you think your injuries are not serious and get records of your treatment.
Document the accident scene using photos, videos, witness statements, police reports, and more.
Reach out to a Las Vegas car accident lawyer for legal consultation to see how much compensation you should expect and for representation throughout your claim.
Stay vague when talking with insurance adjusters and do not make any decisions without your lawyer.
Do not say anything that could be construed as admitting fault to the other party, insurance adjusters, police, or anyone else.

Types of Nevada Car Accidents That Can Lead To Shared Fault

In many car accidents, there is not one person who is clearly and entirely at fault. Especially when it comes to the following types of accidents:

Rear-end collisions
Intersection/T-bone crashes
Left-turn accidents
Lane-change/merging accidents
Sideswipe collisions
Chain-reaction/multi-vehicle pile-ups
Parking lot accidents
Distracted driving

The comparative negligence rule applies even if more than 2 individuals were at fault. But instead of dividing the fault in half, it will be divided among whoever was involved. For instance, if Driver A holds 40% of the fault, Driver B would hold 35%, and Driver C would hold 25% of the fault. Their compensation would be reduced by their percentage.

How Legal Representation Can Impact Your Car Accident Claim & Navigate The Comparative Negligence Rule

One of the most impactful ways you can avoid a low settlement is to hire a Las Vegas car accident lawyer. Your lawyer can complete a thorough investigation of what happened, gathering as much evidence as needed to prove your case. They will also evaluate your damages, coming up with a fair total of compensation to ensure you are covered.

With this information, your lawyer will push back on the insurance company’s decision of fault and will negotiate for the compensation you deserve. In the event that the insurance company does not offer you a fair settlement, your lawyer can walk with you and represent you as you take your case to court.

Avoid Undue Fault In Your Nevada Car Accident By Hiring Out Trusted Las Vegas Car Accident Lawyers
Don’t face your car accident claim alone. Our Las Vegas car accident lawyers are ready to stand by your side and fight for the compensation you deserve so you can focus on recovery. We have a passion for protecting the rights of our clients and have a track record of winning millions in our cases.

You can trust us at Goldberg Injury Law when you need the help of a lawyer after a car accident. Contact us today to get started.

Reviewed by Katie Goldberg, founding attorney at Goldberg Injury Law.