If someone else injured you in an accident but you think you might be partly at fault, you may be wondering whether you even have a case. You’re not alone in that concern. Many people assume that if they made a mistake, they’re no longer eligible to seek compensation; however, an experienced personal injury lawyer can help clarify your rights and options.
Fortunately, Nevada comparative negligence law offers a more balanced approach that recognizes accidents aren’t always black and white and allows recovery when more than one party shares the blame.
Under Nevada’s modified comparative negligence rule, you can still recover damages for your injuries if you weren’t mostly to blame. That means even if you share some responsibility, you may still have a valid and valuable claim. The key is understanding how fault is assessed, how percentages affect your recovery, and what steps you can take to protect your rights and the value of your claim.
Key Takeaways
- Comparative negligence applies to all types of personal injury cases in Nevada, including car accidents, slips and fall accidents, and wrongful death claims.
- Insurance companies determine fault first, but their decision isn’t final. You have legal options.
- Nevada uses a 51% fault rule, which blocks compensation if you’re more than half responsible.
- Your compensation is reduced based on your percentage of fault, even if it’s minor.
- Having the right lawyer can protect you from unfair blame and build a stronger claim for full compensation.
- Viloria, Oliphant, Oster & Aman LLP prepares every case for trial, ensuring no corner is cut when fault is on the line.
Types of Comparative Negligence Systems Across the U.S.
Comparative negligence isn’t a one-size-fits-all concept. Different states use different systems to determine how fault affects a person’s right to recover damages. Nevada’s version—modified comparative negligence with a 51% bar—offers some flexibility but also sets hard limits. Here's how this Nevada rule (NRS § 41.141) compares to other fault rules used nationwide:
- Pure Comparative Negligence
States like California and New York follow this model. You can recover compensation no matter how much you were at fault. Your award is reduced by your fault percentage. - Modified Comparative Negligence (50% Bar)
In some states, you lose the right to recover if you’re 50% or more at fault. In these states, 49% is the cutoff. - Modified Comparative Negligence (51% Bar – Nevada’s Rule)
Nevada follows this system. If you're 51% or more at fault, you recover nothing. At 50% or less, you may still recover compensation, reduced by your share of the blame. - Contributory Negligence
This harsh rule, only used in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia, bars recovery if you’re just 1% at fault. It’s an all-or-nothing system.
The takeaway: Nevada’s modified rule sits somewhere in the middle. It gives injured people a chance to recover, but only if they weren’t mostly to blame. This makes legal strategy and evidence especially important.
How Fault Is Decided in a Nevada Injury Claim
Fault is rarely black and white. It often comes down to who tells the more persuasive story and who can back it up with evidence.
In most Nevada injury cases, insurance adjusters are the first to assign fault. They’ll review:
- Police reports
- Photos and video evidence
- Medical records
- Witness statements
- Your account of what happened
But their decision isn’t final. If you or your attorney believes the insurer assigned too much blame to you, your legal team can challenge that finding through negotiation. This might involve presenting additional evidence, correcting assumptions, or pointing out gaps in the other party’s version of events.
Most personal injury claims are resolved through these negotiations. But if the insurance company refuses to reduce an unfair fault percentage or won’t offer a reasonable settlement, your attorney may recommend filing a lawsuit.
If that happens, a judge or jury will ultimately determine fault and assign each party a percentage. That percentage directly affects how much compensation is awarded or denied under Nevada law.
Why Shared Fault Happens More Often Than You Think
Shared fault is very common in personal injury cases. Life is messy, and accidents usually involve multiple factors tied to human error. In Nevada, fault can be divided in all types of scenarios. For example:
- You were rear-ended, but one of your brake lights was out.
- You tripped on a broken sidewalk, but were looking at your phone.
- You were struck as a pedestrian, but crossed outside a crosswalk.
- A truck driver hit you, but you didn’t slow down in a construction zone.
- A car failed to yield in dim conditions, but you had your headlights off.
In all of these cases, you may still be entitled to compensation, but your percentage of fault could affect how much you receive.
How Insurance Companies Use Comparative Negligence Against You
Insurance companies know how powerful Nevada’s comparative negligence law can be for them. The more blame they can shift onto you, the less they have to pay.
You might hear:
- “You weren’t watching where you were going.”
- “You should’ve seen the car coming.”
- “You didn’t report your injuries right away.”
- “You weren’t wearing a seatbelt.”
These arguments aren’t always fair or accurate. But if they go unchallenged, they can dramatically reduce your payout. Working with an experienced personal injury lawyer as soon as possible gives you a better chance to dispute unfair fault and protect the full value of your case.
When You Need a Nevada Personal Injury Attorney
In high-value cases involving serious injuries, even a small shift in fault can mean losing tens or hundreds of thousands of dollars. Insurance companies know this, and they will try to use it to their advantage in most claims.
If they can pin more of the blame on you, they reduce what they owe. That’s why fault disputes in serious injury cases aren’t minor details—they’re financial pressure points.
Working with a skilled Nevada personal injury attorney gives you the leverage to push back against efforts to unfairly pin fault on you. Your legal team can:
- Challenge the insurance company’s version of what happened.
- Preserve and present key evidence before it’s lost or dismissed.
- Bring in accident reconstruction experts to clarify fault.
- Build a case for trial from day one, not just for a quick settlement.
- Protect your claim from slipping past Nevada’s 51% bar on recovery.
A skilled attorney brings structure to the confusion, turning fault disputes into a case that holds up under scrutiny and protects the value of your damages.
Avoiding the 51% Cutoff: An Experienced Attorney Protects Your Right to Recover
When your health and financial future are on the line, defending your case from unfair blame becomes just as important as proving your injuries.
In serious injury cases, even a small increase in your share of blame can make the difference between a strong recovery and no recovery at all. Insurance companies know this. When the legal limit for shared fault is tight, they often look for any reason, however minor, to shift blame onto you.
Legal representation by a skilled Nevada personal injury attorney makes a real difference. They present the facts using strategy, evidence, and legal pressure to keep your case on track. That may include pushing back against weak claims, bringing in expert analysis, or identifying overlooked details that strengthen your position.
Disputes over fault can get complicated quickly, especially when multiple parties or high stakes are involved. Having a lawyer who understands how to protect your case from being undermined is one of the most important steps you can take.
The Statute of Limitations: Nevada’s Two-Year Rule for Personal Injury Claims
Even when another driver caused the crash or a property owner failed to fix a known hazard, waiting too long to speak with a lawyer or file your injury claim can prevent you from recovering compensation.
Under NRS § 11.190(4)(e), you typically have two years from the date of the injury to file a personal injury lawsuit in Nevada. This deadline applies to almost every type of personal injury claim, including some of the most common:
- Car accidents
- Truck crashes
- Motorcycle wrecks
- Slip and fall injuries
- Pedestrian accidents
- Wrongful death claims
If you miss this window, the court will likely dismiss your case even if you had a strong claim.
Acting quickly also helps preserve evidence. Surveillance footage can be erased. Witnesses move or forget what they saw. Cars get repaired. Without prompt action, critical fault evidence can disappear.
What to Do if You’re Being Blamed for an Accident
If you’re already getting letters or phone calls accusing you of partial fault, it’s not too late. You still have options, but they start with taking the right steps now.
Here’s what to do if the at-fault party is unfairly blaming you:
- Hire a personal injury lawyer in Nevada.
This is the most important step. Your lawyer can handle all communications, protect your rights, and start building your case to minimize or eliminate any assigned fault. - Keep all medical appointments.
Skipping care gives insurers a reason to question the severity of your injuries. Follow every treatment plan and keep records of everything. - Document your pain and recovery.
Use a journal or voice notes to track pain levels and emotional distress, missed work, and the ways the injury impacts your daily life. - Don’t talk to the other party’s insurer.
Let your lawyer handle this. Saying the wrong thing, even casually, can be used against you. - Preserve all evidence.
Photos, damaged clothing, receipts, and even social media posts can be important. Save everything.
These steps don’t require you to “prove” anything. That’s your lawyer’s job. But taking action now can help your legal team protect your compensation.
What a Nevada Personal Injury Attorney Can Do for You
No one expects you to know how to handle a comparative negligence claim. That’s where experienced legal representation makes all the difference. At Viloria, Oliphant, Oster & Aman LLP, our trial attorneys know what it takes to beat back unfair blame and build a case that holds up in court.
When we take your case, we prepare it like it’s going to trial. That means we:
- Collect physical and digital evidence.
- Immediately interview eyewitnesses.
- Consult with medical and accident reconstruction experts.
- Build a fault defense that keeps your claim below Nevada’s 51% cutoff.
We never accept fast, lowball settlements that shortchange our clients. Our only focus is on securing the maximum compensation allowable under Nevada law.
Never assume you know all the facts of your case until you’ve spoken to an experienced Nevada personal injury lawyer. If you're worried that partial fault might threaten your case, we encourage you to reach out. We’ll review the details, explain your rights, and develop a strategy that fits your situation.
Call (775) 284-8888 or contact us online to set up a free consultation. We’re here to help.
Frequently Asked Questions
How do insurance adjusters determine fault in Nevada?
They review accident reports, physical evidence, statements from both parties, medical records, and any available photos or videos. But insurers have a vested interest in reducing payouts, which is why their assessments often need to be challenged by legal counsel.
Can I recover damages if the other party fled the scene?
Yes, if the responsible party can’t be identified, you may still have options through your uninsured motorist coverage or other legal avenues. A Nevada personal injury attorney can help investigate and pursue compensation, even in hit-and-run situations.
How much does it cost to hire a personal injury lawyer in Nevada?
Most Nevada personal injury attorneys work on a contingency fee basis. That means you don’t pay anything up front. The attorney only gets paid if they secure compensation on your behalf, usually as a percentage of the final settlement or court award.
What happens if both parties are equally at fault?
If both parties are found to be 50% at fault, each can technically recover 50% of their damages from the other. However, because fault disputes are often highly contested, these situations rarely resolve cleanly without legal help.
Can I still recover damages if the insurance company says I caused the accident?
Insurance companies don’t have the final say in who was at fault. If they’ve assigned you more than 50% of the blame, that doesn’t mean your case is over. A personal injury lawyer can evaluate the facts independently, gather evidence, and challenge the insurer’s decision if it’s inaccurate or unfair.
How does Nevada law handle multiple at-fault parties in the same accident?
Nevada allows fault to be divided among several parties, not just between you and one other person. Each party is assigned a percentage of responsibility, and compensation is awarded based on those shares. If you’re involved in a multi-vehicle crash or a construction site injury with several companies involved, your attorney can help untangle liability and pursue compensation from all responsible parties.
Protect Your Rights With a Nevada Personal Injury Lawyer
Comparative negligence can sound like a technical detail, but in Nevada, it can be the deciding factor in whether an injury claim succeeds or fails. In high-dollar cases, just five or ten percent of fault has substantial consequences for your compensation.
Accidents are stressful enough without having to defend yourself from blame. When fault is unclear or unfairly pointed at you, your case demands more than basic legal help. You need a team that knows how to challenge fault assignments, push back on lowball offers, and prepare for court when needed.
At Viloria, Oliphant, Oster & Aman LLP, we represent injured clients throughout Reno, Sparks, Tahoe, and communities across Northern Nevada. Our personal injury lawyers prepare every case as if it will go to trial. We bring decades of litigation experience and focus on building strong, evidence-based claims that hold up under scrutiny at the negotiating table or in the courtroom.
Call (775) 284-8888 or contact us online to schedule a free consultation with a proven, results-driven Nevada personal injury attorney today.