Facts to know about how modified comparative negligence applies to a DUI crash in Las Vegas

Las Vegas, NV – Drunk drivers who hurt other people in Las Vegas can face civil lawsuits as well as any relevant criminal charges. This is usually the best way for the victim to make the driver pay for their medical bills, along with any other damage that they caused. However, it is also technically possible that the plaintiff in the case can be considered partially at fault for their own injuries. This is why it is important for the driver to get advice from a local accident attorney regarding the state’s system of negligence. 

Nevada law and modified comparative negligence laws

Nevada’s negligence laws allow fault for an accident to be divided between the parties involved. If the plaintiff is partially at fault, they can still collect money but their damages will be reduced at a rate that reflects their level of fault. However, a driver who is more than fifty percent at fault for their own injuries cannot collect any money at all. This doctrine is usually referred to as modified comparative negligence. In an accident that was clearly caused by a drunk driver, it is unlikely that the plaintiff will need to worry about losing the case due to a large amount of negligence being attributed to their actions. 

Damages can still be substantial

Even if a person’s damages are reduced under the system of comparative negligence, it is still possible that they will receive a large amount of compensation. This is especially true in situations where the driver sustains life changing or disabling injuries and their ability to work and earn income is affected. For example, a person who cannot work at all after their accident may be able to multiply their annual salary by the number of years until their retirement and ask that the defendant pays this amount. 

Evidence of negligence may include the defendant’s use of drugs or alcohol

In any negligence case, the plaintiff will need to show some kind of evidence that proves the defendant was at fault. In many cases involving motor vehicle accidents, this usually involves something like speeding, distracted driving, improper lane changes, illegal turns, or driving on the wrong side of the road. In cases that involve a drunk driver, their intoxication can be used by the plaintiff to show negligence. However, it is not always necessary to prove that the person was impaired to prevail in the civil lawsuit, as any kind of negligent or reckless behavior is sufficient for the plaintiff to win. 

Drunk driving accident lawyers are available in Nevada

USAttorneys.com is a service that helps people find the right lawyer in Las Vegas and other cities around the country. Representatives are available to give advice about choosing a lawyer at 800-672-3103

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