Elko, Nevada
790 Commercial St.
Elko, NV 89801
(775) 738-9877
Your personal injury lawyer in Elko, Nevada.

How Is Car Accident Liability Determined? January 9, 2019

Elko, Elko
How Is Car Accident Liability Determined?, Elko, Nevada

When establishing a client’s right to recover damages in a car collision case, an accident attorney must establish someone’s legal responsibility for damages from the accident. Determining fault and claiming liability for damages depends on the state law applying to the claim. Here is how states with fault and no-fault personal injury laws proceed with car accident claims. 

How Accident Attorneys in No-Fault & Tort States Handle Car Accidents    

No-Fault Personal Injury Provisions

Under the no-fault system of auto insurance coverage for personal injury, insured drivers can recover compensation from their own insurance companies for damages due to auto accidents. The District of Columbia, Puerto Rico, and 22 states have no-fault laws of varying types. Of those, only 11 states and Puerto Rico are true no-fault states, which means accident attorneys for injured individuals can file lawsuits only when there is a “serious injury” as their state law defines the term.

Traditional Fault in Car Accidents

accident attorneyIn states without no-fault provisions, accident attorneys apply a traditional tort liability analysis. These states do not have restrictions on filing personal injury lawsuits against individuals at fault. A personal injury lawyer for one driver can sue one or more drivers involved in an accident, holding them liable for monetary damages including medical expenses, lost wages, and pain and suffering. 

Is Nevada a No-Fault or Traditional Fault State?

Nevada is a traditional fault state, having repealed its no-fault law in 1980. Individuals who are less than 50 percent at fault can receive monetary damages from other drivers’ insurers. Accident attorneys can file suits against multiple insured or uninsured drivers to ensure their clients receive full compensation for personal injuries.  

 

Backed by 20 years of experience, the accident attorneys of Kidwell & Gallagher LTD of Elko provide residents throughout Nevada with dependable legal advice and representation. Recognized by the National Association of Distinguished Counsel as being in the “Top One Percent,” these personal injury lawyers handle each client’s case professionally while getting to know you as a person. Read testimonials from former clients on the law firm’s website. Or, call (775) 738-1000 today for a personal consultation appointment.

Other Announcements, Events and Deals from Kidwell & Gallagher
What to Know About Car Accidents in Leased Vehicles, Elko, Nevada
If you’re not ready to buy a vehicle outright, leasing allows many drivers the ability to take a car home and pay for it in increments. However, what happens when you get into a cras...read more
What Are the Most Common Myths About Personal Injury Claims?, Elko, Nevada
If you were hurt at the hands of someone else, you may be entitled to compensation for your medical expenses, lost wages, and other resulting damages. To recover a payout, you’ll hav...read more
4 Safety Tips for New Motorcycle Riders , Elko, Nevada
Motorcycles are a fuel-efficient and thrilling way to get around, but riding one also comes with an increased risk of personal injury. While it’s important for every rider to ma...read more
What You Need to Know About Filing a Personal Injury Claim After a Dog Bite, Elko, Nevada
Every year in the United States, there are 4.7 million dog bites, and, of those, some 800,000 require medical treatment. While it's tempting to think all dogs are docile companions, ...read more
How Pain & Suffering Damages Are Calculated in a Personal Injury Claim, Elko, Nevada
After an accident caused by someone else’s negligence, the physical pain and emotional trauma you’ve experienced can continue to affect your life long after the injuries have healed....read more