Las Vegas Car Accident Lawyers

Las Vegas Car Accident Lawyers
Explaining Nevada’s Comparative Negligence Standard

When Las Vegas car accidents occur, they are not always as cut-and-dried as having one person being completely at fault and the other being completely free of fault.  Instead, many of these scenarios involve realities where both drivers share some of the blame for what occurred even though one party was injured.  When these situations arise, they are governed by what’s known as the Nevada standard for comparative negligence.  Below you’ll find a brief overview of how this standard works and why someone who winds up in this position needs the help of Las Vegas car accident lawyers.

The Nevada Comparative Negligence Standard

When two parties share portions of the blame and responsibility for a Las Vegas car accident or in any other scenario where someone is injured, the court will apply Nevada’s standard for comparative negligence to the situation in order to determine the amount of fault that should be assigned to each party.

Nevada follows what’s known as the 51 Percent Rule when it comes to comparative negligence cases.  The 51 Percent Rule basically states that when the facts of a case are presented to the court, the court must find that the plaintiff was less than 51 percent at fault for the accident and the resulting injuries.  If the plaintiff is 51 percent at fault or more for the occurrence, then the plaintiff cannot recover damages.

However, if the plaintiff is found to be less than 51 percent at fault, he or she can still recover damages, but they will be reduced by the percentage that the plaintiff was found to be at fault.  For instance, if the plaintiff claims $100,000 in damages but is found to be 25 percent at fault for the Las Vegas car accident, the plaintiff’s recovery will be $75,000.

The Importance of a Las Vegas Car Accident Lawyer

When situations like this arise, the facts of a case will be extremely determinative of the result, but the manner in which the facts are presented will make all of the difference to the court.  Therefore, the ability and power to make persuasive arguments that allow the court to come to a decision that’s favorable to the injured plaintiff is a skill that cannot be quantified.

These types of cases often come down to the facts, the evidence and the arguments used to bolster the respective positions of the parties to the lawsuit.  If you or someone you love has been harmed in a crash but you’re hesitant to defend your rights because you may be partly at fault, you need to allow an experienced Las Vegas car accident lawyer to take a look at your situation and provide you with a recommendation.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.