Nevada’s tort laws and car accident liability

A personal injury lawyer in Las Vegas would explain that there are two systems when it comes to car accidents – a no-fault system and a tort system. In a no-fault system, drivers who are involved in car accidents are covered for losses by their own insurance company. This occurs whether they or another driver is responsible for causing the car accident. The no-fault system is based on the assumption that car accidents are inevitable, which precludes the need to identify and punish at-fault drivers.

In a tort system, the at-fault driver assumes liability for damages associated with the car accident in question. In other words, whereas under a no-fault system all participating drivers are indemnified so long as they are adequately covered by insurance, a tort system holds the at-fault driver financially responsible for all injuries and damages suffered by the other drivers, passengers and even bystanders. Here in Nevada, drivers who are injured in a car accident are subject to the tort system.
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Jan 2015 Nevada Tort Laws

Liability

Under the tort system, those injured in a car accident are entitled to compensation from the at-fault driver’s insurance company, up to the limit of insurance that the driver carries. However, a personal injury lawyer in Las Vegas would also say that in addition to receiving coverage from the car insurance policy, victims can also seek additional damages.

The state legislature of Nevada states that most tort action is based on negligence. This enables victims to pursue legal action under the law that holds the at fault party liable for injuries. For example, if a victim of a car accident is left seriously injured and struggling with depression from the event, the victim could seek pain and suffering damages under the tort law.

Limitations on collecting compensation

The tort system in Nevada adds a dimension of complexity when it comes to collecting compensation. For example, if an at-fault driver has no insurance, or is underinsured, it can be more difficult for a personal injury lawyer in Las Vegas to collect compensation for the victim. Another example is a hit-and-run car accident, which may leave the victim without recourse to the liable driver’s insurance policy.

It is critical to determine which driver is at-fault and what the potential for a lawsuit is. Having an experienced car accident attorney may help with this and with complications in cases involving uninsured, underinsured or hit-and-run drivers.