Nevada personal injury lawsuits that arise from car accidents are anything but cut-and-dried in terms of who is at fault in many of them. A very high number of crashes involve multiple motorists who made mistakes that may have contributed to the result, and determining how much fault should be assigned to each party is a difficult task if not an impossible task for someone who does not possess a legal background. Tragically, that type of analysis may become necessary after a man was killed on Tuesday in a Las Vegas motorcycle accident in which one or both of the parties involved in the initial collision may have been responsible.
According to several reports, including one that can be found here, the crash occurred on Tuesday at approximately 5:30 p.m. An unidentified 41-year-old man was riding his motorcycle at what was indicated to have been above the speed limit on Silverado Ranch Boulevard. As he neared the Maryland Parkway, the 62-year-old female driver of a Kia turned in front of him. The two vehicles collided, causing the Kia to spin and hit a Saturn. The motorcycle driver was killed at the scene and the Kia driver suffered minor injuries.
First, we’d like to offer our sincere condolences to the family and friends of the man who was killed in this crash. We also hope that the police investigation into this incident concludes quickly so that a course can be set and those suffering as a result of this incident can find some way to move forward. In addition, this crash will now become part of the troubling statistics regarding Nevada motorcycle accidents. Every year, more than 1,000 people are injured and nearly 50 people are killed in these occurrences.
The crash will also necessitate looking into the legal notion of comparative fault if the family of the man who was killed decides to evaluate their legal options. Comparative fault exists so that people who are injured in crashes but who may have been partially at fault can still recover at least some of their losses. Nevada follows a modified comparative fault standard, whereby a plaintiff in a lawsuit can recover damages as long as his or her fault does not reach at least 51 percent for the accident.
Therefore, if a plaintiff in a lawsuit was injured in a car accident and he or she suffered $100,000 in losses and it was determined that he or she was 30 percent at fault, that plaintiff would likely recover $70,000 in damages. If the plaintiff was found to be 51 percent at fault, there would be no recovery for relatively obvious reasons.
Clearly, this is a difficult question for grieving families to answer, and it’s an analysis that should be done by experienced Las Vegas motorcycle accident lawyers. If you or someone you love has been harmed in a crash that may fall into this category, contact Bernstein & Poisson today to schedule a free initial consultation.