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.
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:
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:
Establishing fault in an accident is not always straightforward. Insurance companies and courts rely on several factors to assign percentages of fault, including:
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.”
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 |
When an accident involves multiple at-fault parties, insurance companies often use comparative negligence to reduce their liability. Insurers may:
“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.”
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:
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.
“In disputed fault cases, expert testimony from accident reconstruction specialists can be a crucial factor in proving liability.”
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.