fault. Nevada follows a specific rule called comparative negligence. This law helps decide how much each person is responsible for an accident and how that affects any money they can receive. Here’s what you should know if you’ve been hurt in a crash or another type of accident in Nevada.
What Is Comparative Negligence?
Comparative negligence is a rule used in Nevada to figure out how much each person involved in an accident is to blame. If more than one person caused the accident, the law divides the blame between them by percentage.
For example, if someone was hit by a car while crossing the street, but they were looking at their phone and didn’t see the “Don’t Walk” sign, they might be found partly at fault. Maybe the driver is 80% at fault, and the pedestrian is 20% at fault. In that case, the pedestrian’s total damages would be reduced by 20%.
What Is Modified Comparative Negligence?
Nevada uses a version called modified comparative negligence with a 51% bar rule. This means that if the injured person is 51% or more at fault, they can’t collect any money for their injuries.
If the person is 50% or less at fault, they can still receive damages, but the total will be reduced based on their percentage of fault.
For example:
- You have $100,000 in damages.
- You are 30% at fault.
- You can still receive $70,000.
But if you were 55% at fault, you would receive nothing.
Who Decides the Percent of Fault?
The percentage of fault can be decided in different ways:
- During settlement talks, insurance adjusters might try to assign percentages based on things like witness statements, police reports, dashcam footage, or photos.
- If the case goes to court, a judge or jury will decide how much each person is to blame. They will look at the evidence and figure out who did what.
What If There Are Multiple Defendants?
In some cases, more than one person or company may have caused the accident. Nevada law uses a rule called several liability. This means each person is only responsible for their share of the blame.
For example, if you sue two drivers after a three-car crash and:
- Driver A is 60% at fault
- Driver B is 40% at fault
Then Driver A only pays for 60% of your damages, and Driver B pays 40%. They do not split the cost 50/50 unless they were equally at fault.
Common Examples of Comparative Negligence
Here are some ways people might share blame in an accident:
- One driver runs a red light, but the other was texting and didn’t try to stop
- A pedestrian crosses outside of a crosswalk and is hit by a speeding driver
- A cyclist rides without lights at night and is struck by a driver turning without signaling
In each example, both sides may carry part of the blame. Even if you did something wrong, you might still have a case, depending on your share of fault.
Comparative Negligence and Settlements
Comparative fault doesn’t just come up in court. It also plays a big part in settlement offers. Insurance companies will often try to say you were partly at fault so they can pay you less. That’s why having strong proof, like photos, medical records, or video, is helpful when asking for a fair settlement.
If the insurance company says you’re more than 50% at fault, and you disagree, you may need to take the case to court. Then a jury will decide your percentage.
Nevada’s Rule on Seatbelt Use
In some states, if you weren’t wearing a seatbelt, that could reduce how much money you receive. Nevada doesn’t allow this. Not wearing a seatbelt cannot be used as proof of negligence in your case. So even if you weren’t buckled up, that alone won’t hurt your chances of recovering damages.
Why Knowing the Law Matters
Comparative negligence affects how much money you can recover after an accident. It also helps you understand what to expect if someone claims you were partly at fault. Whether the issue is decided by a settlement or by a jury, the percentage of fault matters.
Understanding how Nevada’s 51% bar rule works can help you make better choices after an accident. It can affect how much you ask for in a settlement or whether you want to take your case to trial.
Talk to an Injury Lawyer Today
If you’ve been injured in an accident and believe someone else was partly or fully to blame, you might still be able to recover damages. Even if you’re not sure about your level of fault, it’s worth speaking to a lawyer who can look at your case and explain your options.
Call Friedman Injury Law at (702) 970-4222 to find out if you qualify to recover money for your injuries. We’ll go over what happened and help you understand your rights under Nevada law.
