Negligence is the basis for many of the personal injury lawsuits that are filed in Nevada courts. When a person has a duty to another individual and fails to fulfill that duty to the injury and detriment of the other, then it can be possible for the victim to recover compensation for his or her losses from the breach.
It is not unusual for motorcycle accidents to be caused by negligence. Drivers generally have a duty of care to others who are out on the roads with them; when drivers fail to yield to motorcyclists, fail to check their blind spots for motorcycles, or otherwise act irresponsibly in the presence of motorcyclists, their actions can be deemed negligent and they may be held liable for their victims’ injuries.
However, the state of Nevada recognizes an extension of the general negligence law that can, if proven, inhibit a victim’s chances of fully recovering accident-related losses. Contributory negligence can limit a victim’s recovery if a court finds that the victim also acted negligently, or otherwise contributed to the harm that they suffered.
For example, during proceedings on a negligence-based motorcycle accident claim, the defendant may allege that the victim failed in his or her duty to drive responsibly as well. After reviewing the facts of the case, a court may determine that while the defendant was 75% responsible for the accident the victim was 25% responsible for the harm that was suffered. In such a case, the victim would only be able to recover a portion of the damages that may have otherwise been received.
If a victim is found to be more responsible for an accident that the actual defendant, then under Nevada law the victim may receive no recovery. Contributory negligence is not only applicable to motorcycle accidents, but other forms of personal injury-causing incidents as well. Individuals who have concerns and questions about their personal injury cases are encouraged to discuss their legal needs with their personal attorneys.