One of the things you learn as part of Nevada’s road rules is that the state has an at-fault clause for road accidents. This means that the person responsible for the collision must pay out for the other parties’ fees out of their own insurance plans. They are legally obligated to do so; they can be prosecuted if they fail to do so.
As a fault state, Nevada requires responsible drivers to pay for any damages they have caused in a road accident. However, there are instances where both parties involved in a collision can be blamed for the incident. This situation is called a shared fault case.
What is Shared Fault?
Shared fault is a legal situation where all parties involved in a vehicular collision played a role in the accident. This means that even the supposed victim in the case is at fault for causing the collision in the first place. It is also referred to as comparative negligence in most jurisdictions.
Shared fault is assigned in terms of percentages. Shares vary from as small as 20 percent of damages to at most 50 percent damages due. The percentage share is assigned after a thorough investigation on all parties concerned.
Shared Fault in Nevada
Nevada has a modified shared fault rule when it comes to car accidents. It allows parties involved in a collision to recover some of the money they have to pay instead of handing out the full amount. That means all parties can receive restitution instead of just having one person responsible for paying for all the repairs.
As a rule, the shared fault clause in Nevada is in effect if all parties involved are responsible for less than 50 percent of the damages and wounds received. Note that the amount of damages each party can recover is inversely proportional to the percentage of damage that they are responsible for. For example, if a person is responsible for 30% of all damages inflicted during the accident, they can get back 70% of all the costs. Going over the 50% limit for damages invalidates any attempts to recover damages in Nevada.
Shared Fault and You
The shared fault clause reduces a person’s financial duties after an accident. Instead of shouldering the cost alone, all people involved in the accident will have to pool in, only paying for their part.
This could work well if you’re facing a criminal charge related to the accident, like a DUI or reckless driving complaint. You have less to worry about when it comes to legal fees, so you can focus most of your resources on the legal hearing instead of worrying about how much more to pay for the other party’s damages and wounds.
The shared fault clause is an important factor to consider when you’re involved in a road accident in Las Vegas. Contact a Las Vegas defense lawyer to learn more about how it can affect your DUI case.