Damages Involving Comparative Negligence in Car Accidents

If you were traveling above the speed limit or not wearing a seatbelt at the time of the accident, you may still receive damages for your injuries. Consult with a lawyer about when the law allows you to receive some payment in spite of any wrong actions that caused the accident.

You Can Still Recover Damages

Even if you were partially at fault for injuries you sustained in an accident, you can still receive financial compensation for an accident in Nevada. The jury will look at what you did that could have contributed to your injuries and will assign you a percentage of the blame. For example, if you were injured when you were struck by a speeding car but not wearing a seatbelt, the jury can say that you were 20 percent responsible for the injuries

The Rules of Comparative Negligence

Once the jury decides how much at fault you were, the verdict will be reduced the percentage that you are to blame for the injuries. In other words, if the fact that you were not wearing a seatbelt was the cause of 20 percent of your injuries, you will receive 80 percent of your total damages. This rule is more friendly to plaintiffs than the law in other states which bars recovery if a plaintiff is responsible for their injuries in any way.

When You Cannot Recover

Injury lawyers will advise you that the rule in Nevada is that a party that is responsible for a majority of the accident will not be able to recover for their injuries. Thus, is an accident with two parties involved, only one party will successfully be able to recover from the other. If your actions mean that you bear a predominant share of the responsibility, the law in Nevada will prevent you from obtaining a settlement. In other words, your negligence must be less than the defendant’s, and this will be a matter of consideration for the jury.