After a car crash, it’s natural to replay the event in your mind. You might wonder if you could have done something differently or worry that you share some responsibility. If you’re asking, “What if I am partly to blame for my car accident?” you might also be concerned that you have no right to compensation for your injuries or whether speaking with a car accident lawyer would even help.
In Nevada, that is not necessarily the case. The state’s laws recognize that accidents are often complex and that fault isn't always a simple, all-or-nothing issue. You may still be able to recover damages for your medical bills, lost income, and other losses even if you contributed to the collision.
Key Takeaways about If You’re Partly to Blame for a Car Accident
- Individuals in Nevada may still be eligible for compensation even if they are partially responsible for a car accident.
- Nevada follows a "modified comparative negligence" rule, which allows for recovery as long as a person's fault is not 51% or greater.
- The amount of compensation a person can receive is reduced by their percentage of fault in the accident.
- Insurance companies often try to assign a higher percentage of fault to an injured person to reduce the amount they have to pay.
- Determining the percentage of fault involves a detailed investigation of evidence like police reports, witness statements, and traffic laws.
- Consulting with a legal professional can help an injured person understand their rights and the complexities of shared-fault claims.
Understanding Shared Fault in Nevada: The Modified Comparative Negligence Rule
When you’re involved in a car accident in Reno or anywhere in Northern Nevada, the concept of fault is central to your personal injury claim. Nevada law operates on a system called modified comparative negligence. This is a legal rule that looks at the carelessness of all parties involved in an accident to determine who is liable for the damages.
Under this rule, you can pursue compensation from another party as long as your share of the blame is not greater than the other party's. In simple terms, this is often called the "51 percent bar rule." If you are determined to be 50 percent or less at fault for the crash, you can still recover damages. However, if your fault is found to be 51 percent or more, you are barred from receiving any compensation from the other driver.
This system is different from the rules in a few other states where any amount of fault—even just 1 percent—can prevent you from recovering money. Nevada's comparative negligence approach acknowledges that few accidents are truly one-sided and allows for a more balanced distribution of responsibility.
How Is the Percentage of Fault Determined in a Nevada Car Accident?
Assigning a percentage of fault isn't a random process or a simple guess. It is a detailed investigation that relies on objective evidence to piece together how the collision happened. Insurance adjusters and, if necessary, a court will look at all available information to determine each driver's level of responsibility.
Several key pieces of evidence are used in this process:
- The Official Police Report: While not always the final word, the responding officer’s report provides a crucial initial assessment. It includes diagrams of the accident scene, notes on road conditions, witness information, and any traffic citations issued.
- Witness Statements: Independent witnesses who saw the accident can offer an unbiased perspective. Their accounts of what happened right before, during, and after the crash can help clarify conflicting stories from the drivers involved.
- Photos and Videos: Pictures of the vehicle damage, skid marks on the road, traffic signals, and the general scene can provide powerful visual proof. Dashcam footage or video from nearby businesses, like those along bustling routes like Virginia Street in Reno, can be especially compelling.
- Traffic Laws: A driver’s actions will be compared to Nevada’s traffic laws. Violations like speeding, running a red light, or failing to yield the right-of-way are clear indicators of negligence.
- Accident Reconstruction Analysis: In complex cases, professionals may be brought in to reconstruct the accident. They use physics, engineering, and evidence from the scene to create a scientific model of how the crash occurred, which can help precisely determine factors like vehicle speed and points of impact.
This evidence is carefully reviewed to build a complete picture of the event, allowing for a fair assignment of fault based on facts rather than assumptions.
Examples of Being Partly to Blame for a Car Accident
The idea of shared fault can be easier to understand with a few real-world examples. Many collisions, especially in congested areas like the Spaghetti Bowl interchange, are not caused by a single mistake but by a combination of factors.
Consider these scenarios:
- Speeding and a Failure to Yield: Imagine you are driving 10 mph over the speed limit on a main road. Another driver pulls out from a side street without yielding, and you collide with their vehicle. The other driver is primarily at fault for failing to yield the right-of-way. However, an investigation might conclude that if you had been driving at the speed limit, you would have had more time to react and potentially avoid the crash or lessen its severity. In this case, you might be found 15% at fault, while the other driver is 85% at fault.
- A Left Turn Collision: You are making a left turn at an intersection with a green light but not a green arrow. An oncoming car, which is speeding, runs into you. While the oncoming driver had the right-of-way, their excessive speed contributed to the collision. You also had a duty to ensure the turn was safe before proceeding. A jury or insurance adjuster might split the fault, perhaps finding you 40% responsible and the speeding driver 60% responsible.
- Rear-End Accident with a Broken Brake Light: Typically, the driver who rear-ends another vehicle is considered at fault. But what if your car’s brake lights weren’t working? The other driver still had a duty to maintain a safe following distance, but your non-functioning brake lights made it harder for them to know you were slowing down. This could result in you being assigned a small portion of the blame, such as 10% or 20%.
In each of these situations, the injured person who was partly at fault would still be eligible to seek compensation because their level of responsibility was below the 51% threshold.
How Does Shared Fault Affect My Compensation?
Being found partially responsible for a car accident directly impacts the amount of money you can recover for your losses. Your total compensation award is reduced by your percentage of fault. This reduction applies to all types of compensation you might be owed.
Let's use a clear example. Suppose the total value of your damages from a car accident is calculated to be $100,000. This includes your medical expenses, lost wages from being unable to work, and compensation for your pain and suffering. After reviewing all the evidence, it is determined that you were 20% at fault for the crash.
Your final compensation would be calculated as follows: $100,000 (Total Damages) - 20% (Your Fault) = $80,000 (Your Final Award)
This reduction applies to different categories of damages, including:
- Economic Damages: These are the tangible financial losses you have suffered. They include current and future medical bills, lost income and earning capacity, and the cost of repairing or replacing your vehicle.
- Non-Economic Damages: These are the non-financial losses related to the accident’s impact on your life. This can include physical pain, emotional distress, and loss of enjoyment of life.
The principle is straightforward: your financial recovery is directly proportional to your lack of fault. The less responsible you are, the greater the portion of your damages you can recover.
The Insurance Company's Role in Determining Fault
After a car accident, you will be dealing with at least one insurance company, likely the other driver's. It is important to remember that insurance adjusters work for the insurance company, and their primary goal is to protect the company's financial interests. This means they are motivated to pay out as little as possible on claims.
One of the most common tactics used by insurance adjusters is to shift as much blame as possible onto you, the injured party. If they can successfully argue that you were 20% at fault instead of 10%, they can save their company thousands of dollars. If they can convince you or a court that you were 51% or more at fault, they can deny your claim entirely.
Adjusters may try to get you to give a recorded statement shortly after the accident. During this call, they might ask confusing or leading questions designed to get you to say something that implies fault. For example, they might ask, "You were in a hurry, weren't you?" or "Did you look away for just a second?" An innocent or uncertain answer can be twisted and used against you later to increase your percentage of fault. It is often wise to be cautious and seek guidance before providing any formal statements that could jeopardize your claim.
What Steps Should I Take If I Believe I'm Partly to Blame for My Car Accident?
If you've returned home after an accident and are worried about your potential share of the blame, there are productive steps you can take to protect your rights. Your actions during this period can have a significant impact on the outcome of your claim.
- Write Down Everything You Remember: As soon as you are able, write a detailed account of the accident. Include details like the weather, road conditions, what you were doing right before the crash, the actions of the other driver, and anything you heard or saw immediately after. Memories can fade, so creating a written record early is very helpful.
- Organize Your Documents: Keep all accident-related paperwork in one place. This includes the police report, the information you exchanged with the other driver, photos from the scene, and any medical records or bills you have received.
- Stay Off Social Media: Avoid posting any information, photos, or feelings about the accident online. Insurance companies regularly search social media profiles for evidence they can use against you. A simple post saying "I feel fine today" could be used to argue your injuries aren't serious, and a comment like "I didn't even see them coming" could be used to imply you were not paying attention.
- Be Careful When Speaking with Adjusters: When the other driver's insurance company calls, you are not obligated to give a recorded statement. You can politely decline and state that you are still gathering information about the incident and your injuries. Provide only basic factual information.
- Consult with a Legal Professional: The best way to understand your rights and options in a shared-fault situation is to speak with a car accident attorney. A lawyer can review the facts of your case, explain how Nevada's comparative negligence laws apply to you, and offer guidance on how to proceed with your claim.
Taking these steps can help you build a strong foundation for your claim and prevent you from making common mistakes that could harm your ability to receive fair compensation.
Shared Fault in a Car Accident FAQs
Here are answers to some common questions people have when they believe they may share fault for a car accident in Nevada.
What if the other driver and I both say the other was at fault?
This is a very common situation. When drivers have conflicting stories, the determination of fault will depend on the physical evidence, witness statements, and the police report. An impartial investigation will analyze all available facts to create a more objective picture of what happened, rather than relying solely on the drivers' accounts.
Does getting a traffic ticket at the scene mean I'm 100% at fault?
Not necessarily. While a traffic ticket is a strong piece of evidence indicating fault, it is not the final decision. You have the right to contest the ticket in court. Furthermore, the other driver could also have contributed to the accident in ways the officer did not observe. For example, the other driver might have been texting, which wouldn't be noted on the initial report but could be uncovered during an investigation.
How long do I have to file a personal injury claim in Nevada?
In Nevada, the statute of limitations for most personal injury claims, including those from car accidents, is two years from the date of the injury. If you do not file a lawsuit within this two-year period, you will likely lose your right to seek compensation forever.
What if my own passenger was injured in an accident where I was partly at fault?
An injured passenger generally has the right to file a claim against the insurance policies of any at-fault drivers, which could include you. Because they were not in control of a vehicle, passengers are almost never found to be at fault for an accident and can seek compensation for their injuries from the responsible parties.
We Are Ready to Hear Your Story
Worrying about being partly to blame for an accident should not stop you from learning about your legal rights. At Viloria, Oliphant, Oster & Aman L.L.P., we understand that the details of a crash are rarely black and white. Our team is dedicated to listening to your side of the story and conducting a thorough investigation to protect your interests. As true trial lawyers, we prepare every case with the diligence required for a courtroom, ensuring we are ready for any challenges that may arise.
We believe in providing personalized attention to every client, which is why we accept a limited number of cases. When you call our office, we answer. We are committed to constant communication and helping you understand the path forward. Contact Viloria, Oliphant, Oster & Aman L.L.P. today for a free consultation to discuss your case and learn how we can help.