Negligence on the part of an injured person can affect the settlement amount. However, there are many factors to consider when determining negligence in a Las Vegas car accident case. This includes how much money is available and the percentage of negligence, as well as the extent of the injuries. An injured party at 50% negligent but suffers catastrophic injuries with massive medical bills would still receive the defendant’s policy limits on all but the highest policies. Speak with a distinguished auto accident lawyer about building a strong case for negligence.
Role of Contributory and Comparative Negligence
Las Vegas is a comparative negligence jurisdiction. As long as someone is not more than 50 percent at fault, they can recover damages. In contributory negligence jurisdictions where someone is just one percent at fault, they cannot recover anything. In contributory negligence states, if someone rear-ends a person, they can claim the car in front of them had faulty taillights. Even if the taillights were working, they can dispute that and try not to pay for the entire claim.
Insurance companies always try to argue that someone has some percentage of negligence in a Las Vegas car accident case. In intersection accidents where there is a red light and a green light and a driver goes through the red light, they may argue that they had the green light and the other vehicle had the red light. Witnesses help verify who at fault. As long as someone is not more than 50 percent at fault, they still have an ability to recover. This never affects the passenger because they always negligence-free.
Impactful Considerations of Liability
Witnesses play a big role in determining fault or negligence in a Las Vegas car accident case. All the witnesses to the accident, cameras, and things of that nature are used to identify the at fault party. That is why we recommend that people involved in accidents try o get the names and numbers of any witnesses at the scene in case there is a dispute as to the facts of the accident.
Negligent Cases in Las Vegas
Insurance companies take a hard stance because of the strong jury verdicts and settlements on larger cases over the years. The insurance companies focus on Nevada, so attorneys must file more lawsuits for negligence in a Las Vegas car accident case more than ever. When someone does not have local attorneys protecting their rights, the insurance company completely takes advantage of them.
They target accident victims in Las Vegas and especially in accident cases that are the most serious accidents with catastrophic injuries. When someone does not have catastrophic injuries but claims to be hurt, the insurance companies go after them. Skilled attorneys can fight for the damages you deserve and speak on your behalf while you recover. They always try to argue that someone cannot receive injuries in a minor impact collision although all studies show otherwise.