The second part lies on the jury. They must adequately administer fault between the defendant and the plaintiff. This can often become highly complex so it is critical that you hire a Las Vegas Injury Lawyer to help navigate the process.
Now, back to our story… we are led to believe that the woman was outside of the marked crosswalk area, and we can assume that she was crossing on a red light as well. Based solely on those two facts, a jury would likely divide liability on a 50/50 basis.
However, it should be noted that the negligent driver was probably not paying close attention to the road. Additionally, there is a difference between crossing a few steps outside of the crosswalk vs. in the middle of the street. Therefore, on further review, the distribution of liability would likely be more of a 70/30–favoring the victim.
The percentage division is critical in personal injury cases. Nevada holds a modified comparative fault rule at a 51 percent bar. In other words, the victim will only recover if the negligent driver holds more than 51 percent of fault for the injuries sustained. Therefore, the higher the negligent driver’s responsibility, the more money the victim receives.
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