Can Both Drivers Be At Fault For 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
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- Establishing Fault After An Auto Accident
- Filing A Car Accident Claim In Las Vegas
- How Long Do You Have To Get A Lawyer After A Car Accident?
- How To Determine Fault In A Rear-End Accident
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- What Happens If You Are In A Car Accident Without Insurance?
- What Happens If You Flee The Scene of An Accident?
- What If I Was Partially To Blame For A Car Accident?
- What Is The Average Car Accident Settlement?
- What To Do If You’re Hit By An Uninsured Motorist