Were You Partly At Fault For The Crash?

Motor vehicle accidents are chaotic, confusing events. Afterward, the confusion is likely to continue as you sort through your options and try to determine what to do next. In many cases, the cause of the accident is not clear-cut, and this makes everything that much more challenging. You may be wondering if your actions were partly to blame for the crash. If they were, do you still have the right to file a personal injury claim?

At the Law Firm of Laub & Laub, we understand your concerns, and we are here to answer your questions. Since 1965, our lawyers have been representing injury victims and their families in Reno, South Lake Tahoe and beyond, so we know how to guide you through the confusion and help you find the answers you need. Let's start with the basics of liability in Nevada and California.

How To Make Sense Of Comparative Negligence

In Nevada, you are allowed to recover damages if you were 50 percent or less at fault for the accident. If you were 51 percent (or more) at fault, however, you can't recover any money.

In Nevada, the amount you can recover is also limited by the exact percentage that you were at fault. For instance, if your damages equal $100,000 and the jury decides that you were 10 percent to blame, you can potentially recover 90 percent ($90,000). If you were 40 percent to blame, you could potentially recover 60 percent ($60,000) and so on.

The law in California is slightly different. You don't have to be 50 percent or less at fault to be eligible for personal injury compensation. You could theoretically be 99 percent at fault and still file a lawsuit. However, the amount you receive will still be reduced in proportion to your degree of fault. If your damages equal $100,000 and you were indeed 99 percent at fault, you could potentially recover only 1 percent ($1,000).

Get A Professional Opinion About Your Specific Situation

To learn about your particular rights and options after a collision in Nevada or California, set up a free initial consultation. Simply call the Law Firm of Laub & Laub at 775-391-4153 today. If you prefer, you can reach our attorneys online.