Understanding Nevada Modified Comparative Negligence Laws

April 13, 2020 | Ed Bernstein
Understanding Nevada Modified Comparative Negligence Laws Las Vegas can be such a tricky place to drive with so much congestion and construction, and so many inebriated people (both drivers and pedestrians), so it’s essential to understand Nevada Modified Comparative Negligence laws. 

Understanding Nevada Modified Comparative Negligence Laws 

Under the theory of comparative negligence, each driver in an accident may be responsible for a portion of the accident. If you were speeding, but the other driver was going even faster than you while on their cell phone, you will both be at fault. However, the other party’s reckless driving behavior will mean they hold a greater percentage of fault. In this example, you may bear only 10% of the fault for the accident, while the other driver may be found to be 90% at fault.  Under Nevada’s modified comparative fault rules, any driver more than 50% responsible for an accident loses the right to any compensation. In other words, if you are more at fault than the other driver, you will get no money for your personal injury claim.  Clearly documenting the facts of the car accident and obtaining all relevant evidence is critical in proving your case.  In addition, hiring the right Las Vegas attorney will ensure that you receive the most compensation for your personal injuries, lost wages, and pain and suffering.

Tips for Protecting Your Rights in Car Accident Cases

Document As Much As Possible At The Scene  Go out of your way to document as much as possible at the scene, taking many pictures and even videos to preserve evidence. Do this right away, as quickly as you can. This may help you to document things like sudden weather changes that may have contributed to the accident. You want to take a picture of the scene as a whole, your vehicle, damage to the other vehicle, any marks on the road, and anything else you believe will be relevant. Photographing your injuries is also a good idea.  Buy A Dash Cam  A dashcam will also provide evidence that could make a huge difference to any claim. If you’re a safe driver and you follow the rules of the road, comparative negligence rules may not come into play in your claim at all. However, for other people, it may make the difference between recovering compensation and actually having to pay for somebody else’s injuries. Dashcams are fairly inexpensive, and they will help you capture anything that will help your claim move faster and prove that you do not hold a higher percentage of fault in the accident.  Always Drive with Due Care and Attention  Driving with care and attention may be the most important thing you can do to avoid an accident. Make sure you have everything, such as your GPS, set-up before you leave home so that you’re not tempted to multitask. Eat breakfast before operating a vehicle, apply make-up before you leave, and make that call before you even step foot in your car.  Make sure you always leave with plenty of time to spare, so that you’re not tempted to speed or go through yellow traffic signals.  Remind yourself before you get in the car to be mindful at all times. It’ll make a big difference in how you react to other drivers on the road and could stop you from working yourself up into a state that could eventually lead to an accident. Practice Defensive Driving  Defensive driving means always staying one step ahead of other drivers and assuming that somebody is going to do something careless at some point. It’s about staying alert and on your guard. If you drive this way, you will avoid many accidents.  Defensive driving courses will prepare you to navigate the crazy and unpredictable roads and drivers of Las Vegas.  Get Contact Information from Witnesses  If there were witnesses to the accident, get their contact information or ask them to stick around to give statements to the responding police officers. The more witnesses you can convince to give statements the better. You don’t want to push anybody to do something they don't want to do, but you should get as many contact details as you can so that you can prove what happened in the accident.  The more information you compile – photographs, witness statements, dashcam footage – the easier it will be for your experienced personal injury attorney to prove your claim and get you compensation.

Call the Attorneys at the Law Offices of Edward M. Bernstein & Associates Today to Discuss Your Accident Claim

If you’re looking for the best lawyer in Las Vegas, call the law office of Edward M. Bernstein & Associates today. Your attorney will make your claims process as hassle-free as possible, ensuring that you will get compensated for your injuries, wage loss, and pain and suffering. Contact the law offices of Edward M. Bernstein & Associates at 702-240-0000 today for your free consultation. 

ABOUT THE AUTHOR

Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.