Hurt in a motor vehicle crash in Nevada? You need compensation to pay bills and support yourself and your family. The party responsible for causing your accident can be held liable for the complete value of your damage. Nevada is not a no-fault auto accident state. Here, our Las Vegas car accident attorney explains the key points to know about Nevada’s fault-based liability standard.
Nevada is a Fault-Based Motor Vehicle Standard
Motor vehicle accident injury claims are generally handled at the state level. Hurt in a crash in Las Vegas? Your claim falls under Nevada law—regardless of your state of residency. Nevada is similar to most (but not all) other U.S. jurisdictions. It is not a no-fault auto insurance state. Instead, Nevada follows a fault-based system for traffic collisions.
The driver, truck company, vehicle manufacturer, or other party who is found to be at fault for the accident is responsible for paying for the resulting damages. It is a standard that differs from a no-fault system, where each driver typically relies on their insurance to cover losses regardless of how and why a crash happened.
Every Serious Crash Requires a Thorough Investigation
Fault matters. Unfortunately, there are sometimes disputes over who exactly is responsible for causing an accident. Indeed, when a serious crash occurs, determining fault is not always straightforward. For this and other reasons, a thorough investigation is crucial.
Your accident should be investigated by an experienced Las Vegas auto accident attorney. Your lawyer will gather the evidence that you need to establish fault. Some examples of evidence that may be used to prove fault in a car crash include:
- Your Account: Your account of the accident is one of the first pieces of evidence that can clarify the sequence of events leading to the crash. Write down notes about what happened to cause your crash. Talk to a lawyer before you state an insurer.
- Photographs: Pictures of the accident scene—things like vehicle damage and surrounding conditions—are vital visual evidence. They can help corroborate your version of events and provide objective details that may otherwise be overlooked or simply forgotten.
- Police Report: The police report is a formal document created by law enforcement that provides an official account of the accident. A police report often includes observations and statements from involved parties. It may even include an initial determination of fault.
- Witness Statements: An independent witness can provide a very valuable account of events. It is important to get contact information for eyewitnesses who saw the crash.
- Expert Testimony: In some cases, expert witnesses may be called upon to help clarify the crash or the victim’s injuries. Indeed, experts, such as accident reconstruction specialists or medical professionals, may be key to a car accident injury claim.
What to Know About Modified Comparative Fault in Nevada
In some cases, a car crash in Las Vegas is caused by a single party. They may bear the entire fault. Of course, that is certainly not always the best. Multiple drivers may both share fault for the same traffic collision. Under Nevada law (NRS 41.141), a modified comparative negligence standard applies to these cases.
In other words, a driver can still recover damages as long as they are less than 50 percent responsible for the accident. However, the amount of compensation they are eligible to receive will be reduced in proportion to their percentage of fault.
Here is an example: Imagine a scenario in Las Vegas where you are involved in a serious collision on The Strip. The other driver in the crash ran a red light and hit your vehicle. You sustained $30,000 in damages. However, an investigation revealed that you were speeding and that the excess speed contributed to the crash.
You could be found liable for part of the accident. If you are assigned a 20 percent fault, you would be responsible for 20 percent of your damages ($6,000). Even a single percentage point of fault could potentially represent thousands of dollars in financial compensation.
A Two-Year Statute of Limitations for Car Accident Injury Claims
You have a limited amount of time to file a personal injury lawsuit in Nevada. Car crash cases are no exceptions. Under Nevada law (NRS 11.190), there is a two-year statute of limitations. Imagine that you were involved in a crash on September 9th, 2024. You would have until September 9th, 2026 to file a personal injury lawsuit.
There are very limited exceptions to the rule. Do not fall behind insurance companies in the legal claims process. The sooner you take action, the better. Be proactive: Consult with a top-tier Las Vegas auto accident lawyer right away after a crash.
Recovering Compensation for Injured Victims in a Nevada Car Accident Claim
In Nevada, car accident victims have the right to seek compensation for the full extent of their damages, including non-economic losses. However, the insurance company can make the process extremely hard. They may challenge fault or damages to try to minimize payouts. Insurers are focused on their bottom line—not what is right for you or your family.
At Ace Law Group, we are devoted to helping injured victims secure the maximum financial support. You may be entitled to recover compensation for:
- Vehicle repairs;
- Ambulance transportation;
- Emergency room care;
- Hospital bills;
- Physical therapy;
- Mental health counseling;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death of a family member.
Speak to a Car Crash Attorney in Las Vegas Today
At Ace Law Group, our Las Vegas automobile accident attorneys are tireless, experienced advocates for justice. If you or your loved one was hurt in a bad crash, please do not hesitate to contact us today for a free case review. Our team has helped injured victims recover tens of millions in compensation.
With a law office in Las Vegas, we handle personal injury claims throughout Clark County, including in Henderson, North Las Vegas, Enterprise, Boulder City, and Mesquite.