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Nevada Highway Accidents — Who’s Liable?

Nevada Highway Accidents — Who’s Liable?

If you, unfortunately, get involved in a car accident in Nevada, particularly one that triggered injuries, it becomes vital to recognize how negligence is determined in such instances. Additionally, understanding how Nevada’s highway accident statutes apply to your unique situation is imperative. Irrespective of the type of accident, the rules and legislation can substantially influence your case’s outcome.

When such incidents unfold, the most pressing concern instantly comes to mind is who will be responsible for the damages incurred. Amidst suffering from injuries and straining about financial burdens, dealing with the accident legalities can be overwhelming. This is the time when seeking assistance from an accident attorney in Reno can be a game-changer for your case. They can help you navigate this complex legal process and get you the compensation you deserve. Let’s commence to learn more about Naveda’s legal rules.

Understanding Nevada’s Highway Accident Rules

Getting involved in a car accident in Nevada may trigger an influx of questions in your mind concerning the state’s car insurance and the procedure for filing claims. While you might be acquainted with no-faulty automobile laws, Nevada operates on an at-fault system. It implies that you can file a lawsuit against the liable driver with the professional assistance of auto injury lawyers if you have been injured in an accident. Here’s what you need to know about at-fault rules in Nevada.

  • Understanding Comparative Negligence in Nevada

In Nevada, the concept of comparative negligence plays a vital role in establishing liability in accidents. This legal approach acknowledges that accidents often arise from the combined negligence of numerous parties, and it attempts to allocate blame depending on each party’s level of culpability. The notion underlying this method is that you can claim damages if you are not solely accountable for the occurrence.

Since Nevada doesn’t have a no-fault system for auto accidents, whoever is found to be at fault for the accident must pay for any incurred damages. Even if you choose to acquire insurance that protects you if the at-fault party is uninsured or underinsured, you have the right to file a claim against the at-fault party for the injuries sustained due to the accident.

  • How Does Comparative Negligence Work

Nevada’s comparative negligence law allows each participant involved in an accident to be assigned a percentage of responsibility based on their acts or inactions inflicting the incident. This percentage indicates the extent to which each party contributed to the accident.

For instance, assume you are engaged in a rear-end incident on a Nevada highway. Following an inquiry, it was discovered that the driver who rear-ended you was texting while driving, but you were also following too closely to the automobile in front of you. In this circumstance, both drivers may be held partially responsible for the collision.

Let’s assume the court determines that the texting driver was 70% guilty of the collision while you were 30% responsible for following too closely. Nevada’s comparative negligence law adjusts each party’s damage compensation based on the amount of blame. However, it’s best to engage a personal injury lawyer in Reno right from the outset to help you make the right decisions while protecting your rights.

  • Why Comparative Negligence Matters

Nevada’s comparative negligence rule is crucial because it encourages justice and responsibility in personal injury lawsuits. It recognizes that accidents are rarely black and white, and it accepts the complexities of each case.

By assigning culpability depending on each party’s behavior, comparative negligence guarantees that people are deemed accountable for their involvement in creating an accident while allowing them to receive damages for their losses. It helps avoid injustices wherein an innocent party is unfairly saddled with all the damages.

Also read: Common Reasons for Insurance Claim Denials in Nevada

Prevalent Causes of Highway Accidents

Here are a few prime causes of highway accidents in Nevada:

  • Driving Distractedly

Owing to the alarming increase in using cellphones and other gadgets, distracted driving has become a predominant factor causing accidents.

  • Speeding

Surpassing the speed threshold shortens reaction time and increases the likelihood of an accident.

  • Driving Under the Influence (DUI)

Alcohol or drug-impaired driving is an enormous danger on highways, resulting in countless accidents.

Prevalent Causes of Highway Accidents

  • Fatigue

Driver weariness can significantly affect judgment and response time, triggering accidents.

  • Aggressive Driving

Tailgating, unexpected lane changes, and driving rage all contribute to accidents on Nevada roadways.

Potential Liable Parties

Liability in highway accidents can be complex to determine since numerous parties may be at fault. Some potentially culpable parties are:

  • Other Drivers

The most obvious party to blame is another motorist, whose recklessness led to the accident.

  • Employers

If the at-fault party was driving for work, their employer may be liable under the doctrine of vicarious liability.

  • Government Entities

Poor road maintenance, insufficient signage, or defective traffic signals may suggest neglect on the part of government authorities who oversee road maintenance.

  • Vehicle Manufacturers

Defective auto parts or vehicles are also a notable cause of accidents, making manufacturers possibly accountable for the resulting damages.

  • Bars and Restaurants

If an establishment overserves alcohol to a customer who subsequently causes an accident, they may face liability under Nevada’s dram shop rules.

Irrespective of whether you’re at fault, having reliable and experienced accident and injury lawyers by your side can make a substantial difference in your case and acquaint you with the available legal options.

Factors to Determining Liability

As mentioned above, Nevada uses an at-fault system, which typically involves demonstrating carelessness to establish liability in highway accidents. Negligence occurs when one person fails to exert due care, resulting in injury to another. So, to prove negligence, four things generally need to be discovered by accident claims lawyers:

  • Duty of Care

The at-fault party owed a duty of care to the victim. For example, all drivers are responsible for operating their automobiles safely and adhering to traffic rules.

  • Breach of Duty

The at-fault party violated this responsibility by careless acts or inactions. It might involve activities like speeding, running red lights, or driving carelessly.

  • Causation

The accident and associated losses were directly caused by a breach of duty.

  • Damages

The victim sustained tangible damages, such as injuries, medical bills, lost earnings, or property damage.

Final Thoughts

Highway accidents can be devastating, but identifying liability is critical for recovering compensation to recoup what was lost. Whether you’re dealing with medical costs, vehicle repairs, or lost wages, knowing your rights and legal alternatives is essential to seek the desired indemnification. Consult a reliable legal representative to help navigate the complex legal Nevada rules.

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cindi jenkins
cindi jenkins
February 3, 2023
Herb is one of very few CERTIFIED SPECIALISTS IN WORKERS COMP in the state of Nevada. He is ranked in the nations top 1% by the National Association of Distinguished Counsel. The American Institute of Trail Lawyers have distinguished him as the Litigator of the Year for 2023. Need I say more. He is a fierce lawyer who fights for his clients rights and compensation. He is knowledgeable and compassionate. I have utilized his services over the last several years and would not consider anyone else.
Lorelei Le Blanc
Lorelei Le Blanc
June 5, 2022
Always honest and helpful
Joey Walcomb
Joey Walcomb
August 24, 2021
Herb Santos Jr. is everything you could wish for in a lawyer and then some. I am in awe of how Mr. Santos conducts himself in the court room also, he is a master of his craft. Mr. Santos and his team are a remarkable bunch. They have helped me through my complicated workers comp case, and have gone above and beyond what I could ever dreamed is possible. I can not recommend Mr. Santos and his team enough. They are prompt, professional and really listen to me. His fees are acceptable for the amount of work he does and he also has not cost me anything out of pocket. No one should go into the court room alone, so why not go with the best of the best.
Neil Walker
Neil Walker
August 23, 2021
Friendly and very well represent able I would definitely recommend them to anyone
Kyle Jacobs
Kyle Jacobs
August 12, 2021
I HIGHLY recommend Mr. Santos if you ever find yourself in a workers comp situation. He was able to answer any question I ever had. Mr. Santos and his office made sure I got everything I needed and was on top of everything when something went wrong.

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