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Nevada is a traditional fault state, having repealed its no-fault law in 1980.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.

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