Can Both Drivers Be At Fault In An Accident?

Establishing fault in a personal injury case, such as a car accident, can be difficult. In some cases, determining fault is simple, making fault establishment a breeze. For example, if someone who is driving while intoxicated, or while texting, rear-ends or strikes another vehicle, it is likely that they will be responsible for 100 percent of the fault in an accident. Unfortunately, not all cases are as simple. So, what happens when both parties are doing something illegal in the course of a car crash?

Nevada’s Comparative Negligence Rule

In order to establish fault, police officers and insurance companies may use the grounds of negligence or recklessness. Negligence is when someone carelessly does something that any other reasonable person would have avoided. Recklessness is when you consciously do something that could potentially cause harm to another person (for example, driving under the influence, distracted driving.)

When both parties carry some degree of fault, Nevada adheres to the comparative negligence rule.

Under the rule of comparative negligence, each driver in an accident will retain a percentage of liability for causing the accident.

For example, if a driver in an accident was going 10 mph over the speed limit, but was following all other rules of the road, they may only retain 10 percent of fault for the accident. Conversely, if the other driver was going 25 mph over the speed limit AND texting while driving, they may retain 90 percent of the fault.

In this scenario, if the total value of the accident was $100,000, the negligent driver with 90 percent of fault would be liable for $90,000.

Related: How To Determine Fault In A Rear-End Accident

How We Can Help

Attorney, Brian M. Boyer of The Injury Firm has over a decade of experience protecting the rights of injury victims. If you believe you are partially at fault for an accident, contact us BEFORE you speak with the insurance company! Comparative negligence is not cut and dry, and determining fault can be highly complex.  If you or a loved on has been injured in an accident, contact our experienced Las Vegas car accident attorney for a free, no-obligation case review. If we cannot help you, we will point you in the best direction for your specific needs. Call (702) 800-0988 today!