How Nevada’s Comparative Negligence Law Affects Distracted Driving Cases

Distracted driving is one of the leading causes of accidents in Las Vegas, and when an accident occurs, determining fault is critical to pursuing compensation. Nevada follows a legal doctrine called comparative negligence, which plays a significant role in distracted driving accident cases. Our Las Vegas Distracted Driving Accident Lawyers at Mainor Ellis understand comparative negligence and how it impacts compensation.

What Is Comparative Negligence?

Comparative negligence is a legal concept that allocates fault among the parties involved in an accident. In Nevada, the law follows a modified comparative negligence rule, which means that each party’s degree of fault is determined, and their compensation is adjusted accordingly. This rule is outlined in Nevada Revised Statutes (NRS) § 41.141.

Under Nevada’s comparative negligence law, if you are partially at fault for an accident, your compensation may be reduced by the percentage of fault attributed to you. However, as long as you are 50% or less at fault, you can still recover damages. If you are found to be more than 50% at fault, you are not eligible to receive any compensation.

How Comparative Negligence Works in Distracted Driving Cases

Distracted driving can involve many behaviors, such as texting, using a GPS, eating, or talking on the phone. In a distracted driving accident, the at-fault driver is typically the one who was engaged in a distracting activity that caused them to lose focus and crash. However, comparative negligence comes into play when both drivers may have contributed to the accident.

For example, consider an accident where one driver was texting while driving and rear-ended another vehicle. The distracted driver is clearly at fault for not paying attention. However, if the other driver had faulty brake lights or was driving over the speed limit, they could share some responsibility for the accident. In this case, both drivers’ actions are evaluated, and fault is assigned based on the circumstances.

How Comparative Negligence Impacts Compensation

In a distracted driving accident case, the amount of compensation you receive will be directly affected by the percentage of fault assigned to you. For instance, if you are awarded $100,000 in damages but are found to be 20% at fault for the accident, your compensation will be reduced by 20%, leaving you with $80,000.

This reduction in compensation highlights the importance of proving that the other party was more at fault than you. Even a small percentage of fault attributed to you can significantly reduce your financial recovery. It’s crucial to gather evidence such as phone records, witness testimony, and surveillance footage to demonstrate that the other driver’s distracted behavior was the primary cause of the accident.

Why Legal Representation Matters

We work tirelessly to minimize your percentage of fault and ensure that you receive the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages. If you’ve been involved in a distracted driving accident in Las Vegas, don’t leave your case to chance. Contact Mainor Ellis today for a consultation, and let us help you navigate Nevada’s comparative negligence law to achieve the best possible outcome.

Source:

leg.state.nv.us/nrs/nrs-041.html