Nevada Negligence Laws
You were just changing lanes on I-80 and then bang, a speeding car in the lane next to you hits your truck. Who is at fault for the accident? Are they liable for you injuries and damage to your vehicle? And if you file a lawsuit, how does the claim work? Here is a brief overview of negligence laws in Nevada.
General Negligence Law
There are several elements of a negligence case you must prove in court in order for your negligence claim to be successful:
- Duty: the other party owed you a duty of care;
- Breach of Duty: the other party failed to meet that duty;
- Cause in Fact: but for the other party’s failure, you would not have been injured;
- Proximate Cause: the other party’s failure (and not something else) caused your injury; and
- Damages: you have actually been injured and suffered some loss.
Negligence Laws in Nevada
State negligence laws vary significantly based on the civil justice system in that jurisdiction. The basics of negligence laws in Nevada are listed below.
|Contributory Negligence-Limit to Plaintiff's Recovery||When claimant's negligence is greater than defendants, no recovery, otherwise proportionate to fault.|
|Contribution Among Tortfeasors||Yes; §§17.225 to 17.305|
|Uniform Act||17.225 to 17.305|
A negligence claim is a legal way of assigning blame for injuries resulting from an accident. If one person has a duty of care to another and failed in fulfilling that duty he or she might be liable for any injuries that result from his or her lack of care. From the example above, the other driver owed a duty of care to drive safely and failed, or “breached,” that duty by speeding. Therefore, he or she may be liable in a negligence claim.
Contributory Negligence: A Limit on a Plaintiff's Recovery
Nevada law, however, employs a doctrine known as “contributory negligence.” This means that liability will be spread proportionately according to fault. However, if your negligence, as the claimant, is greater than the defendants, then you are not entitled to recover any damages.
For example, let’s say you were more than half to blame for an auto accident. Generally speaking, if you were more than 51% negligent in the accident, you may not be eligible to recover damages. As you can see, this is a very subtle, complex part of Nevada law.
Nevada Negligence Laws: Related Resources
Negligence law is complicated, and Nevada's laws can be harsh. You can visit FindLaw's section on Negligence for more resources and information on this topic. But your best course of action likely would be to contact a Nevada personal injury attorney if you would like legal assistance with a negligence matter.