Insurers aim to determine faults following a car accident which affects the amount of the claim payout. Fault is challenging to figure out. States consider and attribute fault differently, particularly as they pertain to bodily injury or property damage claims.
Nevada is a fault state as are a vast majority of states in the US. This means that any damage would be paid for by the BI – bodily injury liability insurance of the motorist responsible for the accident.
This would cover the injured driver’s medical expenses and vehicle repairs would come from property damage liability from the responsible motorist’s insurance coverage.
The difference in no-fault states is that drivers must carry PIP – personal injury protection insurance. This coverage pays medical expenses following a car accident regardless of fault. Neither motorist in this situation would need to file a claim, saving time and effort.
The downside with PIP overage has premium rates, however, much higher than the national average. Visit – At-Fault vs. No-Fault Accidents | Progressive – to learn the difference between fault and no-fault car crashes.
Modified Comparative Negligence
Nevada has modified comparative negligence, which means the insurance considers the proportion of the motorist’s fault, but sets a threshold, usually a percentage, such as 50 or 55%.
For instance, if you’re involved in an accident with $1000 in damage, the court may deem you’re 45 percent at fault and the other motorist 55 percent responsible.
With modified comparative negligence, you can recover $550 or 55 percent in a settlement with the other motorist. However, if you are 55 percent at fault, you receive no compensation.
Determining Fault in an Accident
Proving fault is challenging with only anecdotal evidence, however, it can mean the difference between receiving compensation or getting nothing. It can further affect insurance premiums down the road. When motorists are at least 50 percent at fault, carriers typically raise their rates.
There are resources available to help prove the other motorist’s fault in the crash, but it can take time and effort.
- State laws: Familiarizing yourself with Nevada’s traffic laws can help you figure out if some of the responsibility lies with the other motorist for the accident.
You can check the motor vehicle website and the local DMV and public library for information. While many traffic laws seem relatively straightforward, there are actually nuances to pay attention to.
- Police reports: When the police are called to an accident scene, they create and file an official report. This consists of an objective assessment of the circumstances, including the officer’s opinion of which motorist was at fault and whether alcohol or drugs were involved.
What Are the Common Causes of Auto Accidents In Las Vegas
Fault for accidents can be related to a number of factors including these leading causes.
Speeding
Speeding is among the prevalent causes of accidents in Las Vegas. Motorists are harried to get from one location to an important or perhaps popular destination, leading to them exceeding the posted speed limits.
Speeding doesn’t allow time to respond to sudden changes, increasing the potential for an accident and the likelihood for there to be more severe consequences from it.
Distracted driving
Distracted driving remains a leading cause for car crashes in Las Vegas. Distractions are things like talking to passengers in the vehicle or conversations on the mobile or texting. Vegas is known for bright lights and busy roadways, making it easy to distract motorists’ attention.
A moment’s lapse in focus can be disastrous as it poses a risk to pedestrians, bicyclists, and other drivers sharing the road. Click here for details on
Maximizing Compensation from an At-Fault Motorist’s Insurance Carrier
You may be entitled to various damages when involved in a car crash where the other motorist is at-fault in Las Vegas. These damages usually cover:
- Medical expenses
- Property damage
- Income loss
- Pain and suffering
If the responsible party’s actions were willful reckless, the court may further aware Punitive Damage. An accident attorney will ensure you understand the range of damages you’re entitled to.
Hiring A Las Vegas Accident Attorney
Following a car crash, it’s wise to hire an accident attorney with Friedman Injury Law who can significantly impact your claim outcome.
Lawyers help you navigate the legal process, collect evidence and confirm fault, and figure out the value of your case. The professional will negotiate with the insurance carrier to ensure a fair and reasonable settlement.
If negotiations are unsuccessful, the lawyer will take the case to trial. This will involve sharing evidence and either a judge or jury deciding the verdict. While the attorney handles the documents, deadlines, and negotiations, you can focus on getting better.
Determining fault and maximizing compensation following a car crash in Las Vegas is a multi-layered process, requiring a deep understanding of Nevada’s fault laws, considering the role of insurance, and professional, experienced legal counsel.
Also Read: Determining Liability in a Texas Right-of-Way Car Accident
