Las Vegas, NV (October 28th, 2024) – A pedestrian suffered life-threatening injuries after getting hit by a car near Spring Valley on Sunday night.
Alcohol may have been a contributing factor in the pedestrian accident that occurred north of Twain Avenue on Decatur Boulevard. According to the Las Vegas Metropolitan Police Department, the pedestrian was crossing west when he was struck by the southbound 2007 Honda Accord. Reports indicate that the Honda driver attempted to swerve and brake to avoid hitting the pedestrian, but the vehicle still struck the pedestrian.
The pedestrian was transported by ambulance to UMC Trauma with critical injuries. The driver was arrested on suspected DUI charges at the scene. Authorities reported the pedestrian also showed signs of impairment at the scene.
Sharing fault for a crash doesn’t mean you can’t recover compensation in Las Vegas. Accidents such as this happen, and when they do, they may cause significant injuries and financial hardships. In Nevada, the concept of negligence plays a crucial role in victims recovering compensation for their injury-associated losses. As such, issues can arise when a victim shares some fault for causing the accidents that led to their injuries.
Can You Recover Compensation If You Share Fault for an Accident?
Sharing fault for an accident may complicate the path to financial recovery, but it does not block it. Negligence is a fundamental principle in Nevada personal injury cases. If someone fails to exercise reasonable care, resulting in harm to another person, he or she may be liable.
Some states follow a contributory negligence rule, which bars plaintiffs from recovering damages if they are found to be partially at fault. Nevada, however, has a comparative negligence law in place.
Nevada’s Modified Comparative Negligence Law
Nevada follows a modified comparative negligence law. As such, plaintiffs can recover damages as long as their share of the fault is less than 51%. The 51% rule plays a substantial factor in determining personal injury cases in the state.
For example, if a jury finds a plaintiff was 40% at fault for the accident and the defendant was 60% at fault, the injury victim could still recover damages. Their recoverable damages would, however, be reduced in proportion to their percentage of fault. As such, if their losses totaled $100,000, they would only be entitled to recover 60%, or $60,000.
How Can Comparative Negligence Impact Your Claim?
When personal injury cases go to trial, juries are tasked with determining fault attributable to each party involved. This determination will directly impact the amount of damages that those injured can recover.
Insurance companies are often well-versed in the principles of comparative negligence, and may use it as a strategy to reduce or deny claims. For instance, they may argue a plaintiff, such as the pedestrian in the case that occurred near Spring Valley, was partially at fault for the accident, lowering the settlement offer.
Common Scenarios Involving Comparative Negligence
The issue of comparative negligence can arise in various personal injury scenarios. Some of the most common cases in which this legal principle comes into place include:
Car Accidents
Numerous factors can contribute to multiple parties, including the victims themselves, bearing fault in car accident cases. Failure to wear a seatbelt, distracted driving, and driving under the influence, among other factors, can lead a jury to assess some level of fault to an injury victim.
Slip and Fall Accidents
The defense in some slip-and-fall accident cases may argue comparative negligence to reduce or deny payout to a victim. For example, they may suggest that by not paying attention to their surroundings or ignoring a sign, the person injured was, at least in part, to blame for the accident and their resulting injuries.
Workplace Injuries
Some insurers and employers may also argue shared fault in workplace accident cases. A Las Vegas workers’ compensation lawyer can help injured workers defend against arguments, such as that they failed to follow the safety protocols or engaged in reckless behaviors, which contributed to the on-the-job accidents and resulting injuries.
Product Liability Case
If people use products in ways that were not intended or recommended, comparative negligence may also come into play. Manufacturers may have limited liability in cases when consumers misuse products or fail to follow the safety instructions or warnings included with the product.
The specific facts of each case will determine the extent to which comparative negligence applies. Working with an experienced personal injury lawyer can help those struggling with accident injuries to understand how this principle might affect their cases.
How Can You Protect Your Rights in Nevada?
Sharing fault, and Nevada’s comparative negligence law, does not necessarily prevent those injured in accidents from recovering compensation. Rather, there are steps they can take to help safeguard their rights and maximize their recoveries.
Seek Legal Advice
As soon as possible after an accident, it’s advisable to consult with an experienced Las Vegas motor vehicle accident attorney. A lawyer can provide guidance, aid in avoiding missteps that might adversely affect the outcome of your case, and help you understand the legal process.
Document the Incident
The more evidence victims have to support their claims, the better their chances at maximizing their recoveries and avoiding challenges due to the state’s comparative negligence law. Therefore, after an accident, it’s a good idea to gather as much evidence as possible, including photographs of the accident scene, injuries and property damage, medical records and bills, treatment plans, police reports, and witness statements.
Be Cautious with Insurance Adjusters
Insurance adjusters may seem on the side of those injured in various types of accidents. However, their aim is generally to pay out as little as possible. Thus, people should avoid making recorded statements to insurance adjusters or speaking to them without first consulting with legal counsel.
Cooperate with Medical Providers
When dealing with the aftermath of an accident, it’s important to follow the doctor’s treatment plan and to attend all scheduled appointments. Doing so can aid with accident victims’ physical recovery, as well as provide supporting proof in the event they must pursue legal action to obtain compensation.
Suffering injuries in an accident can be overwhelming, and believing you may share some fault can leave you unsure of your options. Having more than 30 years of experience serving the Las Vegas, our attorney at George Bochanis Injury Law Offices is dedicated to helping people like you recover the maximum compensation for your injury-associated losses.