Nevada is a modified comparative negligence jurisdiction. The statute allows an injured accident victim to recover damages if they are not more than 50% at fault. It also includes exceptions for matters such as strict liability and intentional torts. However, Nevada’s modified comparative negligence standards will apply in most cases and inevitably play a role in an accident victim’s ability to recover damages.
Because of this, when you seek to recover damages after an accident, hire a lawyer with the skill and experience to thoroughly investigate your case and defend against any suggestion that you were partially at fault. Our Las Vegas personal injury lawyers at Valiente Mott have the expertise to use the facts in your negligence and injury case to reduce or eliminate these potential comparative negligence defenses.
How can a comparative negligence defense affect your personal injury lawsuit?
The Nevada comparative negligence defense is best understood with a few common examples:
- In a car accident lawsuit where a negligent driver failed to yield at an intersection and turned left in front of you, that driver might argue that you were looking at your mobile phone and could have avoided the accident if you had braked sooner.
- In a slip-and-fall lawsuit, a property owner might argue that you were wearing footwear that was not appropriate for the obvious conditions that you faced while walking across their property.
- When a pedestrian is struck by a car, the driver might blame a pedestrian who entered a roadway away from a crosswalk or against a prevailing traffic signal.
As these examples demonstrate, the specific facts in each personal injury lawsuit are critical in determining whether the injured party bears a level of fault for an accident.
Who determines the parties’ relative fault in a Nevada personal injury lawsuit?
If a personal injury lawsuit goes to trial, the jury will determine each party’s respective fault for causing an accident. This will be based on the facts that the lawyers present at that trial. The trial judge will issue instructions that guide the jurors to establish relative fault. A savvy personal injury attorney in Las Vegas will monitor all aspects of the trial evidence and the jury instructions to present the strongest case to assign the majority or all of the fault to the defendant.
What happens if more than two parties were involved in the accident?
In multi-party Nevada accidents, a jury will apportion fault to each party, who will be liable for damages up to the percentage of fault assigned to them. Injured multi-party accident victims should contact a Nevada personal injury lawyer as soon as possible to protect their right and opportunity to collect the largest available damages award from each negligent party.
Valiente Mott will fight to recover the largest damages award
Nevada’s comparative negligence laws incentivize negligent defendants to shift the fault for an accident onto an injured victim. Our team at Valiente Mott fights aggressively to shield their clients from comparative negligence defenses and to recover maximum damages under the facts of their cases. Please call us for a complimentary consultation about how we can rebut comparative negligence arguments and help you in your Nevada accident and negligence case.
