When a car accident occurs, it is a confusing and stressful time. Sometimes one party is clearly at fault, but many times both drivers share part of the blame for the accident. Nevada is a comparative fault state. This means that even if a driver is partly at fault, they may be entitled to compensation.
If a driver is found to have been less than 50% at fault for an accident, they are entitled to compensation from the other party or their insurance company. However, the other party is only responsible for the damages up to the percent they were at fault. If a driver was in an accident and found to be 30% at fault, they would be entitled to 70% of the damages sustained from the accident. If their damages were $10,000, the other party or insurer would have to pay $7,000.
Some things that could be used to determine that a driver is partially at fault include speeding, being distracted, or bad brakes or tires. For example if someone is speeding and another party is intoxicated, the crash is obviously mostly the intoxicated driver’s fault. However, the speeding driver may bear some responsibility as well.
Some insurance companies try to use this law to minimize the amount they have to pay, but an experienced Reno car accident attorney can help the driver get the maximum amount for damages, including personal injury. The attorney can help the driver negotiate fair compensation, and if necessary take the case to trial.
