Comparative Negligence in A Vehicle Accident

Nevada is a comparative negligent state.

Comparative negligence means that you may still recover for your injuries and other damages in a car or truck accident, even if you were partially responsible for the accident.

However, your portion of responsibility for the accident cannot be found to be more than 50% at fault. If the driver is found to be more than 50% at fault he or she does not recover anything. For example, if the driver is found to be 10% at fault, then whatever damages are awarded by the jury will be reduced by that amount that you are at fault.

What kind of arguments do commercial truck companies make to prove that the other motorist was partially at fault?

In order to prove that the car driver was partially at fault, the commercial truck companies often talk about the “no zones.” No zones are the absolute blind spots behind the truck where the commercial trucker cannot see an automobile. Most of us have seen the bumper sticker on big trucks, “If you can’t see my mirrors, then I can’t see you.”

The attorney for the trucking company will argue, “Our driver didn’t do anything wrong. It was the automobile driver’s fault because he was in the no zones where the commercial truck driver did not see him.”

Other examples when a driver of a car may be partially responsible for the accident include:

  • cutting in front of a truck too quickly
  • stopping too fast when the truck cannot stop quickly
  • failing to take into account that the truck does not have the manoeuvrability of an automobile

If I am in the “no zone” for a truck, can I be partially responsible because the truck driver cannot see me?

Yes, because the trucking company is going to argue the trucker did everything that was reasonable under the circumstances and due to no fault of his own, they could not see that other driver.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

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