Elko, Nevada
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Elko, NV 89801
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How is Fault Determined After an Auto Accident? September 10, 2019

Elko, Elko
How is Fault Determined After an Auto Accident?, Elko, Nevada

A car crash can result in major vehicular damage and significant personal injury. Because of this, identifying who is at fault for the accident is vital for determining legal responsibility. Not only does this affect potential legal consequences, but it also influences your ability to file a personal injury lawsuit or insurance claim.

How is Fault Determined?

Typically, police reports and local traffic laws will be the main factors when determining who is at fault. Law enforcement will typically issue a citation to the driver they believe to be at fault, which holds great influence with insurance adjusters. In Nevada, however, the comparative negligence law means that both drivers can be held partially responsible for the accident if they exhibited negligent behavior.

personal injuryThere are certain situations when insurance adjusters typically hold one driver responsible. For example, in a rear-end accident, the rear driver is held liable because they weren’t adhering to the proper following distance. In left-hand turn accidents, the turning driver is usually responsible, unless the oncoming vehicle was running a red light.

How Can You Protect Your Rights?

During a personal injury claim, you don’t want subjective evidence to derail your case. Because of this, you should document the accident scene as much as you can, using pictures, video, and witness statements to record information such as the behavior of the driver, weather, and road hazards.

You should also review the police report associated with your accident. Sometimes, additional evidence can reveal inaccurate information, so the report can be amended to strengthen your case. A lawyer can guide you through these important steps to ensure the best outcome.


Whether you’ve experienced a personal injury after an auto accident or need help navigating workers’ compensation, you can depend on Kidwell & Gallagher in Elko, NV. Serving Elko County for over 20 years, these award-winning accident attorneys will ensure your interests and rights are protected, offering valuable counsel throughout the proceedings. To learn more about their practice areas, visit them online, or call (775) 738-1000 to request a consultation.

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