Introduction
When you’ve been injured in an accident in Nevada, your ability to recover compensation depends not only on the severity of your injuries but also on who was at fault—and how much. Nevada follows a comparative negligence rule, meaning even if you were partially responsible for the accident, you may still be able to collect damages—just reduced in proportion to your fault.
Whether you’re dealing with the aftermath of a car crash, a slip and fall, or another personal injury, it’s essential to understand how Nevada’s comparative negligence law can affect your case.
What Is Comparative Negligence?
Comparative negligence is a legal concept that determines how liability is shared among parties involved in an accident. If more than one person is at fault, each party’s degree of fault is assigned as a percentage—and any compensation awarded is adjusted accordingly.
Pure vs. Modified Comparative Negligence
- Pure Comparative Negligence: Allows a plaintiff to recover damages even if they are 99% at fault.
- Modified Comparative Negligence (used in Nevada): Allows recovery only if the plaintiff is 50% or less at fault.
How Nevada Applies Modified Comparative Negligence
Under NRS 41.141, Nevada adopts a 51% bar rule. This means:
“An injured party can recover damages only if they are 50% or less responsible for the accident. If their fault exceeds 50%, they cannot recover anything.”
For instance, if you’re awarded $100,000 but were found 30% at fault, your compensation will be reduced to $70,000.
🔗 Nevada Revised Statutes – NRS 41.141
📖 FindLaw Guide on Comparative Fault in Nevada
How Fault Is Determined in a Personal Injury Case
Faults aren’t always obvious. That’s why attorneys, insurers, and courts rely on:
- Police reports documenting the scene
- Witness statements from bystanders or other drivers
- Photos and video evidence
- Expert testimony (e.g., accident reconstruction)
In cases where liability is unclear, an experienced attorney will help gather and interpret evidence to reduce your percentage of fault.
If you’re unsure how to prove fault, speak to one of our attorneys experienced in Nevada injury law who can guide you through building your case.
Examples of Shared Fault in Real-Life Scenarios
Let’s look at common situations where comparative negligence may apply:
1. Car Accidents
- You’re rear-ended, but your brake lights were out. You may share partial liability.
2. Slip and Fall Accidents
- You slipped on a wet floor, but you were texting while walking—your inattention may contribute to fault.
3. Dog Bite Incidents
- You were bitten while trespassing, which might reduce or eliminate your right to damages.
How Comparative Negligence Affects Compensation
Let’s break it down:
| Fault % | Total Damages | What You Receive |
| 0% | $100,000 | $100,000 |
| 25% | $100,000 | $75,000 |
| 50% | $100,000 | $50,000 |
| 51%+ | $100,000 | $0 |
The more fault assigned to you, the less you receive. That’s why defense attorneys and insurance companies work hard to shift blame onto the victim—even if unfairly.
How to Minimize Your At-Fault Percentage
Reducing your assigned fault starts with a few strategic actions:
✅ Document Everything
- Take photos of the scene, injuries, road signs, hazards, etc.
✅ Avoid Incriminating Statements
- Don’t admit fault to police or insurance reps without legal counsel.
✅ Hire an Injury Lawyer Early
- A skilled attorney can challenge wrongful fault assignments and negotiate better settlements.
Looking for someone who knows how to fight for your rights? Reach out through our contact page for a free consultation.
Why Hiring a Nevada Personal Injury Lawyer Matters
The insurance company isn’t on your side—and neither is the defendant’s lawyer. Having your own experienced personal injury lawyer ensures:
- Your evidence is well-organized
- Your fault is fairly assessed
- You don’t accept a low settlement based on exaggerated fault claims
Our legal team has helped hundreds of Las Vegas residents recover what they rightfully deserve—even in shared-fault cases.
Real Example: A 40% Fault Case That Still Won
One of our clients was involved in a T-bone accident where they were found 40% at fault. The insurance company initially tried to deny any payment, but after gathering traffic camera footage and hiring an accident reconstruction expert, we secured $120,000 in damages, reduced to $72,000 after comparative adjustments—a big win considering the insurer initially offered $0.
Take Control of Your Case—Even If You Share Fault
If you were injured in an accident and believe you’re partially at fault, don’t assume you have no case. Under Nevada law, you can still recover damages—as long as your share of the blame is 50% or less.
Your next step? Talk to a legal expert who can evaluate your case and help protect your rights and compensation. Start by contacting our Las Vegas personal injury team or schedule a consultation via our contact page.
Frequently Asked Questions
- Can I still recover damages in Nevada if I was partly at fault for the accident?
A: Yes, under Nevada’s modified comparative negligence law, you can still recover damages as long as you are 50% or less at fault for the accident. However, your total compensation will be reduced by the percentage of fault assigned to you. For example, if you’re awarded $100,000 but found 25% at fault, you’ll receive $75,000. If you’re 51% or more at fault, you won’t be eligible for compensation.
- How is fault percentage calculated in Nevada personal injury cases?
A: Fault is determined by analyzing evidence such as police reports, witness testimony, video footage, and accident reconstruction data. Insurance adjusters or the court will assign each party a percentage of liability. Nevada law follows NRS 41.141, which uses a modified comparative negligence standard, so calculating fault percentages directly impacts the amount of damages you may receive.
- What happens if both parties are equally at fault in an accident in Nevada?
A: If both parties are found to be exactly 50% at fault, each may still recover damages, but their compensation will be cut in half. This is because Nevada allows recovery at 50% or less fault, but not 51% or higher. Equal fault cases often require strong legal representation to ensure your share of liability is fairly assessed.
- Do insurance companies in Nevada use comparative negligence to reduce payouts?
A: Yes, insurance companies frequently invoke comparative negligence to limit their financial liability. They may attempt to assign more fault to the injured party, reducing the payout or denying the claim altogether. That’s why it’s crucial to have a personal injury attorney in Las Vegas who can negotiate with insurers and defend your share of the blame.
- How can I lower my percentage of fault after an accident in Nevada?
A: To lower your fault percentage:
- Document the scene thoroughly (photos, videos, statements)
- Avoid admitting guilt at the scene
- Seek legal counsel early
- Challenge unfair fault assignments through evidence or expert testimony
An experienced Nevada personal injury lawyer can help build your case, dispute insurer findings, and ensure that any shared fault is appropriately minimized.
