After a Las Vegas car accident, establishing fault becomes crucial for recovering compensation. The police, insurance companies, and potentially the court will all play a role in determining who is to blame. While focusing on your health is essential, taking steps to protect yourself legally can make a significant difference in your financial recovery. Understanding how fault is established after a car accident in Las Vegas, Nevada, and why hiring a Las Vegas car accident lawyer protects your rights and maximizes recovery.

How the Police Determine Fault After an Accident

After an accident in Las Vegas, the police are typically the first to arrive at the scene. This is where the fault evaluation begins. A police officer’s investigation differs from how insurance companies or courts evaluate fault. Officers focus on identifying which traffic laws were violated, who violated them, and whether officers should issue citations or make arrests.

What the Police Investigate

Police investigations center on Nevada’s state traffic laws. Officers evaluate driver behavior, vehicle condition, and whether any traffic violations contributed to the crash. The investigation typically includes:

  • Interviewing all drivers involved in the accident
  • Speaking with witnesses who saw the crash
  • Documenting vehicle damage and physical injuries
  • Noting road conditions, weather, and visibility
  • Checking for signs of impairment, distraction, or reckless driving

Traffic Citations and Police Reports

If the officer concludes that one or more drivers violated Nevada traffic law, they will likely issue a traffic citation. Common citations in accident cases include speeding, running a red light, failure to yield, following too closely, or distracted driving. If the driver committed a crime, such as DUI or reckless driving, the officer may make an arrest.

The police report will include the officer’s observations, statements from drivers and witnesses, and often a preliminary opinion on fault. While a police report does not legally determine fault in a civil case, it carries weight with insurance companies and can be used as evidence if the case goes to trial.

Even if a police report assigns fault to one driver, this does not automatically determine liability in your personal injury claim. The insurance company and potentially the court will conduct their own investigations.

How Insurance Companies Determine Fault

Once you file a claim, the insurance company assigns an adjuster to investigate the accident and determine fault. Each driver’s insurer assigns its own adjuster to represent its interests. These adjusters will review the same information the police collected, and then go further.

What Insurance Adjusters Investigate

Insurance adjusters conduct a thorough investigation that includes:

  • Reviewing the police report and any traffic citations issued
  • Interviewing drivers and witnesses
  • Examining photographs and video evidence of the accident scene and vehicle damage
  • Reviewing medical records to assess injuries and identify any pre-existing conditions
  • Inspecting vehicle damage to understand the mechanics of the crash
  • Verifying insurance policy details, including coverage limits and exclusions

The Insurance Company Looks for Negligence

Insurance companies are less concerned with whether traffic law was broken and more focused on whether either party acted negligently. Under Nevada law, a person is considered negligent when they fail to exercise the care and caution that a reasonable person would have used in the same situation.

A reasonable person is not perfect, but they exercise caution regarding their property and the safety of others. If a driver acted negligently and that negligence contributed to the accident, they can be held financially responsible for the resulting damages.

How Adjusters Assign Fault Percentages

Insurance adjusters will often assign a percentage of fault to each driver involved in the crash. For example, if one driver was speeding but the other driver failed to yield at an intersection, the adjuster might assign 70 percent fault to the driver who failed to yield and 30 percent to the driver who was speeding.

This percentage determination directly affects how much compensation you can recover. Under Nevada’s modified comparative negligence rule, your recovery is reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you cannot recover anything.

Insurance companies are motivated to minimize their payouts, which means adjusters may try to assign you a higher percentage of fault than is justified. This is one reason why having an experienced attorney review the adjuster’s findings is critical.

The Insurance Company Examines Your Policy

Once fault is determined, the insurance company evaluates the applicable insurance policies to determine what coverage is available. If your policy or the at-fault driver’s policy permits payment for the type of accident that occurred, the company will offer compensation based on policy limits and coverage terms.

Related: Injured with no health insurance?

If the insurance company denies your claim, you can still pursue the case in court. A Las Vegas jury will make its own determination of fault, regardless of what the insurance company concluded.

How the Courts Determine Fault

If you take your case to court, fault is established through formal legal proceedings. In Nevada, the jury will apply the Nevada Rules of Evidence to determine which party or parties acted negligently.

Evidence Presented in Court

Both sides will have the opportunity to present evidence supporting their version of events. Common types of evidence in fault determination cases include:

  • Witness testimony: Statements from drivers, passengers, pedestrians, and other witnesses
  • Police reports: Officer observations, citations, and preliminary fault assessments
  • Photographs and video: Dashcam footage, traffic camera footage, scene photos, and vehicle damage images
  • Physical evidence: Skid marks, debris patterns, vehicle damage, and road conditions
  • Expert testimony: Accident reconstruction experts, medical experts, and engineers
  • Medical records: Documentation of injuries, treatment, and prognosis

Each piece of evidence must meet Nevada’s admissibility standards under Nevada law. Your attorney will work to ensure that all favorable evidence is properly introduced and that inadmissible or prejudicial evidence is excluded.

Jury Instructions on Negligence

After both sides present their evidence, the judge will instruct the jury on how to evaluate negligence under Nevada law. The jury will then deliberate and determine which party or parties acted negligently and to what degree.

Nevada’s Modified Comparative Negligence Rule

Determining fault is rarely a simple yes-or-no question. When more than one party contributes to an accident, Nevada applies a modified comparative negligence standard under NRS 41.141.

This means that the court (or insurance company during settlement) will assign a percentage of fault to each party involved. You can still recover compensation even if you were partially at fault, but your recovery will be reduced by your percentage of fault.

The 51% Threshold

Nevada’s rule includes an important limitation: if you are found to be more than 50 percent at fault, you cannot recover any damages. This is known as the “51 percent bar.”

Example: If you were 25 percent at fault and your total damages are $100,000, you can recover $75,000 (your damages minus your 25 percent share of fault). However, if you were 51 percent at fault, you would recover nothing.

This is why aggressively defending against inflated fault percentages is critical. The difference between 49 percent fault and 51 percent fault is the difference between partial recovery and no recovery at all.

For a more detailed explanation of how comparative negligence works, see: What If I Was Partially To Blame For A Car Accident?

How a Las Vegas Personal Injury Attorney Can Help Establish Fault

Having an attorney on your side can make a significant difference if the court establishes fault and how much compensation you recover. An experienced Las Vegas car accident lawyer can:

  • Gather critical evidence: Traffic camera footage, surveillance video, witness statements, and accident scene photos before they disappear
  • Obtain and analyze police reports: Challenge inaccurate or incomplete police reports and identify helpful facts
  • Hire expert witnesses: Accident reconstruction experts, medical professionals, and engineers who can testify on your behalf
  • Counter insurance company tactics: Protect you from giving recorded statements that could be used against you and negotiate aggressively to reduce your assigned fault percentage
  • Prepare for trial: Build a compelling case with admissible evidence if settlement negotiations fail

Insurance companies train adjusters to minimize payouts, which means they have every incentive to assign you as much fault as possible. An attorney levels the playing field by conducting an independent investigation and presenting evidence that supports your side of the story.

Schedule a Free Case Review

shared fault nevada car accident law

If you or a loved one were injured in a Las Vegas car accident, speak with a qualified attorney to protect your rights and understand your options for recovery. At Brian Boyer Injury & Car Accident Lawyer Las Vegas, all consultations are complimentary and confidential. We are available 24/7 at 702-514-1414.

Related Content

Boyer Lawyer

CONTACT OUR LAW FIRM

FREE CONSULTATION

Nevada Practice Areas

Phone Consultations Available