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Nevada and the Fault State Clause for Car Accidents


DUI incidents often involve multiple vehicles, especially if they happen in the busy highways of Las Vegas. Such incidents can range from simple fender-benders to outright multi-vehicle collisions with multiple casualties. On a minor note, DUI collisions can also lead to insurance claim headaches for all parties involved.

If you’re a new driver or you’re from out-of-state and you are driving in Nevada for the first time, you might be surprised at how the state handles compensation for DUI collisions. For that, you’ll have to understand Nevada’s status as a fault state for car accidents.

What is a Fault State?

Simply put, a fault state is a US state where a driver responsible for an accident must fully compensate anybody affected. That means paying for the affected parties’ vehicle repairs, medical bills, and other follow-on fees related to the case. The at-fault party will also have to work with their insurance company to pay for these fees.

Note that at-fault provisions do not shield the at-fault party from their own expenses. That means that they still have to pay for their own vehicle repairs and medical bills. They can avail of this under special conditions, however.

Finding Fault

Insurance companies take a straightforward approach to determining who is at fault in a collision. They investigate every aspect and evidence related to the case so they can properly determine who has to pay. The factors they consider include:

  • Police reports
  • Notarised statements from drivers, passengers, and eyewitnesses
  • Photographic and video evidence
  • weather reports
  • road inspection reports
  • reports from the garage/shop where the vehicles were last serviced
  • accident reconstruction reports

Something to remember is that Nevada is a ‘shared-fault’ state. That means the at-fault perpetrator can recover some of their potential expenses if investigations find both parties to be responsible for the accident.

How It Affects Your DUI Case

Nevada’s DUI penalties are some of the most stringent in the country. The punishments get even tougher if the DUI leads to an accident with injuries or death. That can easily escalate to a felony, which equates to lengthy prison sentences and high fees.

The fault clause just adds to your DUI worries. If the investigation reveals that the collision was entirely your fault, you will have more financial burdens to deal with. You are also vulnerable to additional charges related to the case if they determine the whole situation to be your fault.

The at-fault clause is a serious consideration to have if you ever end up in a DUI-related collision in Las Vegas. Consult with a local veteran defense attorney to know how to effectively deal with these situations.

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