After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Nevada follows the principle of comparative negligence when determining fault in car accidents. Each party in an auto accident is assigned a percentage of fault based on the facts of the collision.
Insurance companies, law enforcement officers, and the court, if a lawsuit is filed, determine the degree of fault. Fault is based on factors such as police reports, witness statements, physical evidence, and applicable traffic laws.
More specifically, Nevada law holds people accountable based on a modified comparative negligence rule. If you’re found to be 51% or more at fault, you cannot file a lawsuit. Both parties in the case must be at least equally to blame to reach a settlement in the case.
Therefore, each party involved in the accident is assigned a percentage of responsibility based on their involvement. So, you might not be considered at fault at all or may have to assume some degree of accountability. Always have a Reno car accident attorney assess your options.
Again, if you’re found to be 51% or more at fault, you cannot recover damages from the other party. Because car accident cases are both subjective and complex, you should consult with a lawyer who handles car accident cases to fully understand your rights and options.
Let’s look at some examples of modified comparative negligence to better understand how the concept works.
Let’s say two vehicles, Vehicle A and Vehicle B, are involved in a collision. Vehicle A, which is operating above the speed limit, collides with Vehicle B, which does not yield the right-of-way. After the incident, the drivers of both cars submitted claims to their insurance companies.
Because Nevada is a fault state, each party must share in the blame, to some extent, depending on the determinations made by their respective insurance companies or the court. This is called “degree of fault.” Once more, if either party is 51% or more liable, they can’t recover damages.
In this scenario, Vehicle B has been determined to be 40% at fault for failing to yield and, therefore, is allowed to receive 60% for a claim or from a settlement.
For example, let’s say the driver’s damages of Vehicle B amounted to $40,000. In this case, they are entitled to $24,000 (60% of $40,000) when filing a claim with an insurance company.
Maybe the accident was more serious. In this case, the driver of Vehicle B may have filed a claim for a higher settlement and asked for $200,000 for damages. If they win their case, they’ll receive 60%, or $120,000.
On the other hand, the driver of Vehicle A, in this scenario, may not be able to recover damages. Because they were speeding (or driving recklessly), they were determined to be 60%, or above 51%, at fault. As a result, they don’t have a solid case to wage a claim against the other driver.
That’s why you need to speak to a car accident lawyer in Nevada to discuss your auto accident claim. Contact the law firm of Kidwell & Gallagher today to learn more about your rights and responsibilities.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.