Gina M Corena at GIna Corena & Associates

Founding Member & Managing Partner at Gina Corena & Associates

Practice Areas: Personal Injury

When a car accident occurs, determining fault is a crucial aspect of resolving claims and securing compensation for damages. In Nevada, comparative negligence plays a significant role in deciding how compensation is distributed among parties involved in an accident. Unlike states that follow a strict fault-based system, Nevada allows injured parties to recover damages even if they are partially responsible for the crash—within certain legal limits.

This article will break down Nevada’s comparative negligence law, how fault is determined in shared fault accidents, and what it means for victims seeking compensation. If you have been

involved in an accident where liability is disputed, understanding this legal principle is essential.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to allocate fault in an accident where multiple parties share responsibility. It determines how compensation is adjusted based on each party’s level of fault.

There are two primary types of comparative negligence:

  • Pure Comparative Negligence – Allows a person to recover damages regardless of their percentage of fault. Even if they are 99% at fault, they can still receive 1% of the total damages.
  • Modified Comparative Negligence – Imposes a threshold (often 50% or 51%) beyond which a person cannot recover damages.

Nevada’s Modified Comparative Negligence Law

Nevada follows a modified comparative negligence rule with a 51% bar under NRS 41.141.

This means:

If you are found to be 51% or more responsible for an accident, you are barred from receiving any compensation.

However, if you are 50% or less at fault, your damages are reduced by your percentage of fault.”

For example:

  • If you are 30% at fault for an accident and your damages total $100,000, your final compensation will be $70,000 after a 30% reduction.
  • If you are 55% at fault, you receive nothing since your fault exceeds the 50% threshold.

Nevada's Modified Comparative Negligence Law - corena law

Determining Fault in a Shared Fault Accident

Establishing fault in an accident is not always straightforward. Insurance companies and courts rely on several factors to assign percentages of fault, including:

Key Evidence Used to Determine Fault

  • Police Reports – Official accident reports provide an objective account of the crash.
  • Witness Statements – Third-party observations help reconstruct the event.
  • Traffic Camera Footage – Video evidence can confirm or challenge fault claims.
  • Accident Reconstruction Experts – Specialists analyze vehicle damage, road conditions, and other factors to assess liability.

Common Shared Fault Accident Scenarios

  • Rear-End Collisions – While the driver in the back is typically at fault, the front driver may share blame if they press the brake suddenly without reason.
  • Intersection Crashes – Accidents at intersections often involve disputes over right of way or traffic signal violations.
  • Lane-merging accidents—If two vehicles attempt to merge into the same lane and collide, both drivers may be found partially responsible.
  • Multi-Vehicle Pileups – In accidents involving multiple cars, liability is often divided among several drivers based on their actions leading up to the crash.

How Compensation Is Affected in Nevada’s Comparative Negligence System

Since Nevada’s comparative negligence law reduces compensation based on fault, understanding how settlements work is crucial.

“Even if a driver is partially at fault, they may still recover damages, but the final compensation will be decreased based on the percentage of their fault.”

Compensation Breakdown Based on Fault Percentage

The following table illustrates how compensation is adjusted under Nevada law:

Plaintiff’s Fault (%) Total Damages ($100,000 Example) Compensation After Reduction
0% Fault $100,000 $100,000
10% Fault $100,000 $90,000
25% Fault $100,000 $75,000
50% Fault $100,000 $50,000
51% or More Fault $100,000 $0 (No Compensation

Challenges in Shared Fault Accident Cases

When an accident involves multiple at-fault parties, insurance companies often use comparative negligence to reduce their liability. Insurers may:

  • Argue that you hold a higher percentage of fault to minimize their payout.
  • Dispute evidence or witness testimony to shift more blame onto you.
  • Offer a lower settlement amount by claiming you contributed significantly to the crash.

“Insurance companies often try to shift more blame onto accident victims to reduce payouts. Understanding your rights under Nevada law is essential in negotiating fair compensation.”

How Legal Representation Can Help

Since fault percentages directly impact settlement amounts, having an attorney can prevent insurance companies from unfairly assigning excess blame to you. A legal professional can:

shared fault car accident justice - corena law

Steps to Take After a Shared Fault Accident

If you are involved in an accident where the fault is disputed, taking the proper steps can help you protect your rights while strengthening your claim.

Immediate Actions to Protect Your Case

  1. Call Law Enforcement – A police report provides an official accident record.
  2. Collect Evidence – Take photos of vehicle damage, road conditions, and any visible injuries.
  3. Gather Witness Contact Information – Statements from third parties can support your version of events.
  4. Seek Medical Attention – Even minor injuries should be documented for potential claims.
  5. Avoid Admitting Fault – Even casual statements like “I’m sorry” can be misunderstood as an admission of liability.

“In disputed fault cases, expert testimony from accident reconstruction specialists can be a crucial factor in proving liability.”

FAQs About Comparative Negligence in Nevada

1. What is the difference between pure and modified comparative negligence?

  • Pure comparative negligence allows claims regardless of fault percentage, while modified comparative negligence (used in Nevada) prevents recovery if you are 51% or more at fault.

2. Can I still get compensation if I was partially at fault?

  • Yes, as long as you are 50% or less at fault, your compensation will be reduced based on your percentage of liability.

3. How do insurance companies determine fault percentages?

  • Insurers evaluate police reports, traffic laws, witness statements, and accident reconstructions to assign fault.

4. What if I disagree with the insurance company’s fault assessment?

  • You can challenge the decision by providing additional evidence, hiring an attorney, or pursuing legal action.

5. Should I accept the first settlement offer if I am partially at fault?

  • No. Insurers often offer low settlements in disputed cases. Consulting an attorney can ensure you receive fair compensation.

Conclusion: Why Understanding Comparative Negligence Matters

Comparative negligence directly impacts how much compensation accident victims receive in Nevada. Understanding how fault is determined, how insurance companies operate, and what legal protections exist can significantly affect case outcomes.

If you’ve been involved in a shared fault accident, gathering strong evidence and seeking legal guidance can help ensure a fair outcome.

Having an experienced legal team can make a significant difference in securing the compensation you deserve while navigating Nevada’s comparative negligence laws.

At Gina Corena & Associates, we fight to protect your rights and ensure that you receive fair compensation—even in shared fault cases. Our legal team understands Nevada’s comparative negligence laws and is ready to advocate for you.

We have a proven track record of helping accident victims fight for justice and fair compensation. Contact us today for a free consultation.

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.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

    - Deb Compton

  • Gina and her crew are truly amazing. They exceeded my expectations. They kept in contact with me throughout the whole time and any questions I did have They would take the time and explain everything so I would know what to expect. I would highly recommend them at any time.

    - Chris S

  • Thank you very much for the services everyone answered every single one of my calls and this firm took care of me from start to finish. Thank you so much Gina for taking on my case and assisting me I will recommend you to everyone.

    - Sayra Sánchez

  • I rarely do reviews but I want to share what an outstanding team Gina Corena has. Mahna Pourshaban did such an awesome job In helping us get our settlement, she has treated us like family since day 1 that we met her.. Me and my family want to tell u guys thank u from the bottom of our hearts.

    - The LOPEZ Family

  • Working with Gina was An amazing feeling as the client to know that my case is being handled professionally and to the best it can be ! Knowing that Gina can handle it gave me confidence and peace, 100 percent recommend Gina and her associates team !

    - Jonathan Rodriguez

  • GINA CORENA is the best attorney indeed! Thank you to her amazing team the attention to detail I received was incredible. 100% recommend to everyone!

    - Clara Maria

  • My experience with Gina Corena’s office was amazing. They were all professional and were easy to reach out to during my whole case. I’d recommend their services 10/10!!

    - Mark Surban

  • I'm really satisfied with the work these ladies provide. They’re Super reliable and Professional, Alexandra was the one that helped me with my case and she’s super nice and sweet. She made sure I was aware about all the updates with my case. Overall the work they provide to the citizens of Las Vegas is top notch. Thank you Gina Corena and associates.

    - Gil Axel

  • This is the best company I have dealt with hands down. I am super thankful with them for all the work they did on behalf of my case. The process was rather simple and very well explained from start to finish. Thank you so much Gina Corena &. Associates. Thank you Kim for assisting in my case.

    - Raidel Echavarria

  • I received nothing but top notch service from this firm not once but twice please keep up the outstanding job customer service is very important to me and your firm went above and beyond again THANK YOU

    - Freda Smith

  • Such a great law firm. This was my first time having to get a lawyer due to an auto accident and they explained all the ins and outs of my case and the process. I will definitively keep them in mind again for the future.

    -Alyssa Ortega

  • If I can give Gina’s firm 10 stars I would. They have the best customer service & most knowledgeable staff I’ve ever come across. The office is always clean and it has a lovely and positive vibe. Thank you to this amazing firm to make my experience fast and easy for me. Gina definitely knows how to care of her clients and treated me like family. I will recommended to my friends and family.

    -Cony Jordan

VIEW ALL

CALL US 24/7

Schedule A Free
Injury Consultation Below

    By contacting Gina Corena & Associates, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material.