How is fault determined?When a court or insurance adjuster determines blame, it’s very different from what other pedestrians and eye-witnesses may assume. Besides considering the statements of either party, they will analyze the police report, expert testimony, and any laws that apply to the incident. Such laws may include speeding for the driver or jaywalking for the pedestrian. Nevada’s negligence laws can make the process quite complicated, which is another reason to contact the best law offices in Las Vegas.
What Are Comparative Negligence Laws?The modified comparative negligence law is used in the state of Nevada to apportion liability between parties involved in an accident. For instance, if you didn’t have your eyes on the road but a pedestrian was jaywalking, it could be argued both parties were at fault. In this scenario, you would often find that you and the pedestrian would each share 50% of the blame. Specific factors will impact your percentage of the blame. For a motorist, the following will increase your level of fault:
- Driving under the influence
- Road rage
- Using an electronic device
- Distracted driving
When is a pedestrian at fault?While it is often assumed that a motorist will share some of the blame, there are instances when the pedestrian is entirely at fault. Jaywalking Jaywalking, or crossing outside of a crosswalk, is a law that is often violated. As long as the motorist did nothing wrong and did everything to avoid you, you may be held 100% accountable. Crossing Contrary To A Signal This is when a pedestrian crosses in a crosswalk when the signal is red or clearly states that you should not walk. Walking Where Pedestrians Are Prohibited Not everywhere is pedestrian-friendly, and you must obey posted rules for your safety. These areas include highways and freeways, bridges, causeways, and overpasses.
When can you claim compensation?A car or pedestrian accident in Las Vegas allows an injured person to claim from any at-fault parties, as long as their level of blame is lower than 50%. If your level of liability is determined to be more than half, you lose the right to claim compensation.
Why Do You Need A Personal Injury Lawyer?The best personal injury lawyers are skilled and experienced in helping to prove liability. Whether you’re the pedestrian or a driver, our experienced accident attorneys will collect the necessary evidence to prove the other party is 100% at fault. This may include:
- CCTV footage to determine the speed of the car and the motives of the pedestrian
- A copy of the police report
- Witness testimony that will help to prove your side of the story
- Any other contributing factors