While a large percentage of motor vehicle collisions in Nevada involve at least two cars, single-vehicle accidents do occur. Although this type of crash only involves one driver, various factors could be at play that contributed to the crash or the victim’s injuries. In these scenarios, liability (financial responsibility) may lie with different parties.
What Is Nevada’s Comparative Negligence Law?
An insurance company will generally begin assessing a single-vehicle car accident claim by determining if the driver of the vehicle was negligent. In personal injury law, negligence refers to a failure to exercise reasonable care.
If the driver of the vehicle is found to be at fault due to negligent behavior, he or she may still be eligible for partial compensation under Nevada’s comparative negligence law. This law states that if a claimant’s degree of negligence is less than that of another party, he or she maintains the ability to recover compensation. However, the amount available will be diminished by a matching percentage.
Third-Party Liability
Even if a motor vehicle accident in Nevada only involves one vehicle, the driver may not be held legally responsible. The car accident could involve the fault or negligence of a third party, meaning someone who was not at the scene of the crash but whose actions put the events into motion that ultimately caused the accident.
Examples could include:
- Road defects or hazards: if a road had an unknown condition that the driver could not have anticipated, or if there was a defect in the road, the agency responsible for creating those conditions or failing to remedy those conditions may be held liable for a resultant single-vehicle car accident.
- Defective vehicle parts: if a motor vehicle contained a design, manufacturing or marketing defect – either on the vehicle itself or in one of its parts or components – the manufacturer or distributor of the defective product could be held responsible for a related car accident or injuries.
- Poor vehicle maintenance: if a vehicle experienced brake failure, power steering failure, electrical problems, a tire blowout or another issue related to inadequate maintenance, the owner of the car could be held responsible. This may include an employer, a truck company or a bus company.
To remain eligible for financial compensation under Nevada’s comparative negligence doctrine, an investigation of a single-car accident must allocate the majority share of fault to a party other than the victim. Unfortunately, car insurance companies are known for seeking any reason to reject claims even if the percentage of fault on your client is minimal.. You may need an attorney to help you seek fair compensation.
When to Contact a Single-Vehicle Accident Attorney
An attorney can help you file a claim and negotiate a settlement after a single-vehicle auto accident. Your insurance company may attempt to blame you for the crash even if there were other factors or parties involved. A car accident lawyer in Las Vegas can investigate your crash, collect any available evidence of third-party negligence and submit this evidence to an insurer.
If you get involved in a single-vehicle accident in Nevada, consult with an attorney at Panish | Shea | Ravipudi LLP about your rights and recovery options. We can help you protect your right to recover. We are willing to take complicated car accident cases to trial in Nevada when necessary. Call us at (702) 560-5520 for a free consultation.