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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
According to the Nevada Department of Public Safety, over 300 serious injury crashes were reported across Clark County in a recent year. The fault wasn’t assigned to just one driver in many of those cases. Often, multiple parties shared responsibility.
Have you been hurt in a Las Vegas accident? Do you believe you may be partly at fault? If so, you might wonder if you can still receive compensation. The good news is that Nevada law doesn’t automatically prevent you from recovering damages, even if you share some blame for causing the accident and/or your injuries.
In this guide, we’ll explain how Nevada’s comparative negligence laws work, how shared fault affects your case, and what steps you should take to protect your rights.
Comparative negligence allows multiple parties to share fault for an accident in Nevada personal injury cases. For instance, maybe you were texting when your vehicle was struck by a driver who ran a red light. Both you and the other driver could be found at fault here, even if one of you made a more serious error than the other.
Nevada follows a modified comparative negligence system:
This rule is outlined in Nevada Revised Statute 41.141 and is known as the “50% rule.”
In plain terms, Nevada’s 50 percent rule means you must be no more than 50% at fault to qualify for compensation.
Let’s say your damages total $100,000, and you’re found to be 30% responsible. Your final compensation would be reduced by that percentage, leaving you with $70,000.
But if you’re found to be 51% responsible, you won’t recover anything, even if your injuries are severe.
Even if you’re partially responsible, you may still recover damages, but they will be reduced in proportion to your percentage of fault.
If you’re found partially responsible, your financial recovery will be reduced according to your share of the blame. This applies to all types of damages, including:
For example, maybe your total damages are $80,000. However, you’re found 20% at fault. Your compensation would be reduced to $64,000 in these circumstances. The portion tied to your fault isn’t recoverable.
This is why insurers may try to increase your share of blame. Their goal is to lower their payout. Solid evidence and legal guidance are key to protecting your claim.
Insurers will investigate a crash to determine who is at fault. Don’t make the mistake of assuming they’re on your side. Their goal is to reduce payouts, which means they may:
To protect your claim, gather strong evidence: photos, witness contacts, police reports, medical records, and dashcam footage if available.
Insurance adjusters aim to minimize what they owe. Always remember this in the aftermath of an accident. For more, visit the Nevada DMV’s insurance guide.
Even if you’re partly at fault, Nevada law may still allow you to recover compensation if your share of the blame is 50% or less. The steps you take right after the crash can significantly influence your case’s outcome.
Get checked by a doctor after an accident, even if you don’t feel injured. Injuries like whiplash or internal trauma may not be apparent right away. Prompt care also creates a medical record linking your injuries to the accident.
Nevada law requires you to report an accident that results in injury, death, or property damage over $750. A police report adds credibility to your case, especially when fault is contested. It usually includes officer observations, statements from drivers and witnesses, and information about traffic violations that may have occurred.
Take photos of all involved vehicles, injuries, skid marks, debris, traffic signs, and road conditions. Get the names and contact information of any witnesses who may have seen the accident occur. This documentation may help you challenge unfair fault determinations.
Be respectful at the scene, but avoid making comments like “I didn’t see you” or “I’m sorry.” These can be misinterpreted as admissions of fault and could be used against you later.
Stick to the facts when speaking to police and other drivers.
Report the crash to your insurer, but keep the details minimal. Avoid speculation or recorded statements before consulting an attorney. Insurers may use your early statements to increase your assigned fault.
Having an experienced personal injury lawyer on your side can make a significant difference after a Las Vegas accident. An attorney can assist you even if you believe you’re partially to blame for the wreck. They can help build a solid case, challenge unfair fault claims, deal with insurance adjusters, and pursue the full compensation you deserve.
In shared fault cases, even a slight shift in fault percentage can impact your recovery. Legal guidance helps protect your rights and ensures Nevada’s laws are applied fairly.
At Gina Corena & Associates, we understand how comparative negligence works in Nevada and how to navigate these complex situations. We’re here to fight for the compensation you’re entitled to.
| Your Fault Percentage | Eligible for Compensation? | What You Can Recover |
| 0% | Yes | Full compensation |
| 10% | Yes | 90% of damages |
| 30% | Yes | 70% of damages |
| 49% | Yes | 51% of damages |
| 50% | Yes | 50% of damages |
| 51% or more | No | Nothing |
Yes. As long as you were 50% or less at fault, you can still recover compensation. However, your payout will be reduced by your percentage of fault under Nevada law.
The 50 percent rule means you’re not eligible for compensation if you’re more than 50% at fault for an accident. You must be equally or less responsible than the other party to recover damages.
Fault is determined based on police reports, evidence, witness statements, and, in some cases, expert analysis. Insurance companies and courts assign fault percentages based on these findings.
A lawyer can help ensure that you’re not unfairly blamed, gather evidence, and fight for the maximum compensation you’re legally entitled to, even if fault is shared.
Just because you may be partially at fault for an accident doesn’t mean you’re out of options. Nevada’s comparative negligence system ensures that everyone shares responsibility fairly and that victims can still seek financial recovery.
That said, these cases are often complex, and insurance companies may try to shift more blame onto you. Protecting your rights begins with acting promptly, gathering evidence, and consulting with an experienced attorney.
If you or a loved one has been involved in an accident in Las Vegas and believes you might share some of the blame, don’t wait. Gina Corena & Associates is here to help.
Contact us today for a free consultation to discuss your options and protect your rights.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
