Las Vegas Car Accident Lawyers
Explaining Common Defense Strategies

When a Las Vegas car accident takes place, it often gives rise to the filing of a Nevada personal injury lawsuit by the person or people who have been injured by the other party’s alleged negligence.  While this is often a very advisable decision, especially when it’s made with the help of an experienced Las Vegas car accident lawyer, anyone who takes this step should know that defense attorneys will employ strategies designed to limit or even to eliminate liability on the part of their clients.  Below are a few examples of common defense strategies that arise in Nevada personal injury lawsuits arising from Las Vegas car accidents.

Comparative Negligence

Nevada, like other jurisdictions, has laws in existence that deal with comparative negligence.  What this means is that the incident in question involves negligence and fault by both parties, and that the court should consider the percentages of fault that should be assigned to each party before rendering a decision regarding damages.  Nevada follows what’s known as the ’51 Percent Rule’, which means that if the plaintiff is 51 percent at fault for the incident, he or she cannot recover damages.  Defense attorneys will try to move this percentage towards that number.

Preexisting Conditions

When someone is involved in a Las Vegas car accident that results in injuries, it’s often the case that the plaintiff has suffered other injuries in the past that are somewhat related to the current injuries suffered.  It doesn’t matter if these prior injuries were the result of a car accident or something completely unrelated to such a circumstance, but defense attorneys will attempt to argue in some cases that the injuries currently claimed for damages were not the result of the car accident but were instead already present before the accident occurred.

Impeaching Witnesses

Nevada law, like every other jurisdiction, protects the right of defendants to confront witnesses who testify against them.  In many Nevada personal injury cases , the overall credibility of witnesses can be critical in terms of the ultimate verdict that’s rendered by the jury.  Therefore, defense attorneys will often attempt to impeach the witness by offering contradictory statements or some other evidence that can make it seem that the witness should not be completely believed.