Partially At Fault for Car Accident in Nevada? You Can Still Recover 50%+

Name: Brian Boyer Injury & Car Accident Lawyer Las Vegas
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Am I Partially At Fault For A Car Accident?

Nevada uses an “at-fault” insurance system, meaning the person who caused the accident pays for damages. But what if you share some of the blame? In Nevada, you can still recover money even if you were partially at fault as long as you were less than 51% responsible. Here’s what you need to know to protect your claim.

However, in the event that a victim in an accident is partially at fault for the accident, the right to recover 100 percent of their damages no longer applies. Instead, the rule of comparative negligence comes into effect. If you have been injured in a crash where you believe you were partially to blame, our Las Vegas car accident lawyer has composed this list of what you need to know about comparative negligence.

Common Scenarios Where Nevada Courts Find Shared Fault

Comparative negligence isn’t always black-and-white. Here are real situations that affect Nevada settlements:

You were changing lanes when hit from behind: You contributed negligence (improper lane change), but the rear-driver should’ve maintained safe following distance. Often 60/40 or 70/30 split.
You ran a yellow light and were T-boned: You breached duty by entering intersection unsafely; other driver didn’t yield. Typically 50/50 or 60/40.
You were speeding, but the other driver ran a red light: Multiple violations by both parties. Jury apportions based on severity: speeding alone ≠ red light running.
Texting while driving and hit parked car: You’re likely 80%+ at fault; limited recovery even if parked car was partially in roadway.

Key point: Insurance adjusters will use these scenarios to argue YOU were MORE at fault. That’s why documentation (police report, photos, witness statements) is critical.

What Is Comparative Negligence?

Comparative negligence is a rule that addresses a victim’s rights and limitations in the event that they contribute to their damages and/or injuries in an accident. Most states adhere to some form of comparative negligence.

Nevada’s modified comparative negligence rule (NRS 41.141) says you can still recover compensation as long as you were not more than 50% at fault for the crash. At exactly 50%, you can still recover a reduced amount. At 51% or more, you cannot recover. For a deeper breakdown of the statute itself, see our guide on Nevada’s modified comparative negligence rule.

Comparative Fault & Recovery Of Damages and Injuries

Although Nevada State law may allow a person who partially contributed to their own damages to pursue financial recovery as long as they were not more at fault for the accident than the other party, the rule of comparative negligence will prevent you from recovering a full compensation award.

Per the rule of comparative negligence, a plaintiff’s award for recoverable damages will be reduced in relation to their percentage of fault. For example, if a jury concludes that a defendant is 70 percent at fault for an accident, and the plaintiff is 30 percent at fault. When all is said and done, the total value of damages suffered by the plaintiff is $100,000. As such, the defendant would be liable for 70 percent of this, or $70,000.

This rule also applies in a case where there are multiple defendants: each defendant will only be liable for the percentage of fault that they are apportioned.

How The Jury Awards Damages When Comparative Negligence Exists

Bear in mind that the majority of personal injury claims are settled outside of court. If an outside settlement cannot be reached, you may conclude that litigation is your best option. In this event, here’s what you should know about how a jury will apportion damages:

If the jury decides that the plaintiff still reserves the right to bring a case to court, provided that they are less than 51 percent to blame, they will issue a general verdict that encompasses the total amount of damages the plaintiff would be able to recover, disregarding their apportionment of negligence (NRS 41.141(2)(b)(1)). Once this has been done, the jury will issue a special verdict that details the percentage of negligence that is distributed to each party in the suit (the plaintiff and any defendants). The plaintiff’s special verdict is then applied to the general verdict, thus reaching the final award amount.

Comparative Negligence and Insurance Companies

How Insurance Adjusters Weaponize Comparative Negligence

The comparative negligence rule is a double-edged sword. While it protects you if you’re <51% at fault, insurance companies use it offensively to reduce what they pay. Here’s what adjusters will do:

Tactic #1: Blame the Victim for “Failure to Avoid”
Even if the other driver caused the crash, adjusters claim you “failed to avoid” it by not swerving, braking harder, or slowing down. Reality check: Nevada law doesn’t require victims to perform evasive maneuvers to reduce their own liability.

Tactic #2: Seize on Minor Infractions
You were speeding 5 mph over the limit? Adjuster argues that contributed to the accident, even if the other driver ran a red light. In reality, minor speeding ≠ causation of the crash.

Tactic #3: Attack Your Medical Response
Didn’t go to the ER? Delayed medical treatment? Adjuster claims you either weren’t injured or failed your “duty to mitigate.” This is false. Delayed treatment is common; it doesn’t reduce fault apportionment.

Tactic #4: Misrepresent Police Report Findings
If the police report mentions you were cited (even if for a minor violation), the adjuster will inflate its relevance to fault. Police citations ≠ automatic liability.

Your Defense: Get an attorney BEFORE speaking to adjusters. Document everything (photos, medical records, witness contact info, dashcam footage). Don’t admit fault in any communication.

Understanding Nevada’s Modified Comparative Negligence Rule (NRS 41.141)

Nevada’s statute is specific. Under NRS 41.141(1), you lose the right to recover ONLY if your negligence is greater than (not equal to) the other party’s negligence. This means:

50% fault? You can still recover 50% of damages.
51% fault? You cannot recover anything.

This 1% threshold is critical in settlement negotiations. If the adjuster tries to claim you’re 51%+ responsible, demand the evidence. Often, actual fault apportionment is closer to 45/55 or 40/60, making you still eligible for recovery.

Statute Reference: NRS 41.141(2)(b)(1) requires juries to issue both a general verdict (total damages) and a special verdict (percentage of fault). This protects plaintiffs because juries decide fault, not adjusters.

Frequently Asked Questions About Comparative Negligence in Nevada

Q: If I’m 50% at fault, can I still get compensation?
A: Yes. Nevada law allows recovery if you are not more than 50% at fault. At exactly 50%, you can recover 50% of your damages. At 51%, you cannot recover anything.

Q: Can an insurance adjuster decide my percentage of fault?
A: No. Insurance adjusters can propose a fault percentage, but only a jury (in litigation) or a settlement agreement can finalize it. Don’t accept the adjuster’s initial offer without legal review.

Q: I admitted fault at the scene. Does that mean I can’t recover?
A: Not necessarily. Admissions at the scene are one factor, but police reports, witness statements, vehicle damage, and expert analysis also matter. A lawyer can challenge the significance of your admission.

Q: What if the other driver was cited but I wasn’t?
A: A citation suggests fault, but doesn’t guarantee it. Conversely, a lack of citation doesn’t mean you’re at fault. Courts examine causation, not just citations.

Q: How much will my settlement be reduced if I’m 25% at fault?
A: Your settlement is multiplied by 75% (100% – 25%). If you were awarded $100,000, you’d receive $75,000. But settlements depend on injury severity, medical costs, and lost wages.

Call Brian Boyer Injury & Car Accident Lawyer Las Vegas Today

Don’t Let Insurance Adjusters Overstate Your Fault

If you’ve been in an accident and you’re concerned about shared blame, contact Brian Boyer Injury & Car Accident Lawyer today. Insurance adjusters are trained to assign maximum fault to plaintiffs to reduce payouts. Our experienced personal injury attorney will:

Review the police report and challenge unfair fault assignments
Gather evidence (photos, witness statements, dashcam footage) to prove your lower percentage
Negotiate with adjusters on your behalf (no more direct contact with insurers)
Ensure you receive fair compensation based on your actual liability

Call us 24/7 at (702) 800-0988 for a free case review. Even if you believe you’re 40-50% at fault, you may still be entitled to recover. Let’s find out together.

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What If I Was Partially To Blame For A Car Accident?