Strategies, Challenges, and Answers

Break Buck’s Spell. Pursue Passenger Negligence.

OtterbeckDon’t be surprised if a Nevada Plaintiff’s attorney tries to cast a spell on you. The attorney may repeat over and over again, “My client is a passenger. He is not liable for the accident.”

By reciting this incantation, the attorney is hoping to enchant you into believing that the magic of the Buck v. Greyhound Lines, Inc., 105 Nev. 756, 783 P.2d 437 (1989) protects all auto passengers, especially hers, from any accusations of comparative fault.

For those of you who are familiar with Nevada law on this topic, you are aware that Buck is powerful magic. If Buck applies, a negligence free passenger can avoid the effects of Nevada’s “several liability” law (NRS 41.141). By casting that spell, an injured passenger Plaintiff may claim a judgment jointly and severally against any one of the negligent defendants. This can cause some very unjust results. For example, a negligence free passenger can choose to recover 100% of his or her damages from any one of the negligent tortfeasors that contributed to the injury, even if that tortfeasor was only responsible for 1% of the accident. Do you see why Plaintiff’s attorneys invoke such a potent charm?

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Avoid UM / UIM Stacking By Meeting These Three Requirements

UMUIM

Nevada law authorizes auto insurance companies to avoid stacking their uninsured / underinsured motorist coverage. But before a court will enforce a policy’s anti-stacking provision the company must meet three requirements. See Neumann v. Standard … [Continue reading]

Is The Driver Of A Car That Was Rear-Ended Free From Negligence As A Matter Of Law?

caution - car crash!

This question came up twice last week. I decided to make it the Nevada Law Blog “Question of the Week”. “Can the driver of a car that was rear-ended be a legal or proximate cause of the accident because of an abrupt or unexpected stop?” The Nevada … [Continue reading]

Happy President’s Day

Presidents Day

On this day, to celebrate Washington's Birthday have some cherry pie. If you would rather, have some cornbread and gingerbread men to honor Abraham Lincoln. If your diet or schedule doesn't allow those, let's take a moment to reflect on the … [Continue reading]

State Farm Tries To Dodge The Single Shot Fired By The Policyholder That Nevada Follows California’s Cumis Rule

Cumis Brief

The Nevada Law Blogs are documenting the drama that plays itself out on the stage of the Nevada Supreme Court.  This particular drama focuses on whether an insurance company can be obliged to pay the fees of an attorney hired by the policyholder … [Continue reading]