You were in a crash at an intersection in Las Vegas. The other driver ran a red light, but you were also distracted by your phone at the time. Your injuries are real, and you have significant medical bills. Clearly the other driver was negligent, but you also share some of the blame. Does having some fault in a crash impact your right to compensation under Nevada fault laws?
This is one of the most common questions we receive from people who have been injured in a crash in Nevada. And the answer is crucial in getting significant compensation for your injuries or leaving Clark County Justice Court with nothing. That’s why the Nevada car accident attorneys at Lerner and Rowe are here with this guide on how Nevada fault laws work.
Modified Comparative Negligence
Nevada is a 51% bar, also known as a modified comparative negligence state. This means that if you are partially at fault for a crash, you may recover compensation if your fault is 50% or less. If you are more at fault, you recover nothing. If both parties are 50% at fault, you may recover half.
The 51% Bar Rule in Nevada
Nevada Revised Statute 41.141 sets out the rules for comparative negligence that are followed by Las Vegas courts in personal injury cases. It reads:
“In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.”
The significance of this rule is that if your percentage is 50%, your fault is the same as the defendant’s–it does not exceed it. Therefore, you are not barred from recovery.
The Math: How Damages Are Calculated
To illustrate how comparative negligence works, here are the steps:
- Step One: The jury calculates your total damages without any reduction for fault. This includes your medical expenses, lost wages, property damage, pain and suffering, and future medical expenses.
- Step Two: The jury will consider the evidence and determine a percentage of fault for each party.
- Step Three: Your compensation is reduced by your degree of fault, and if you are more than 50% at fault, you receive nothing.
It is this “cliff” effect that differentiates Nevada’s system from pure comparative negligence. If you lived in Arizona, a state with a pure comparative negligence standard, you would receive some compensation at 75%, 80%, 90%, 55%, and so on. However, in Nevada, the line is hard-coded at 51%, creating a “winner takes most” situation.
Common Shared-Fault Accident Scenarios in Nevada
This type of modified comparative negligence is applied in all Las Vegas cases. Common cases involve:
- Motor Vehicle Collision Cases: Lane change accidents where the driver who changed lanes failed to check and the other driver was speeding; intersection accidents where the driver who ran the yellow light was unaware it turned red while the other driver was distracted; rear-end collisions occur where the driver who rear-ended the vehicle failed to check and the other driver was speeding or distracted.
- Pedestrian Accident Cases: Jaywalking accidents where the pedestrian failed to follow the law and was unaware the driver was speeding or distracted; crosswalk accidents where the pedestrian had the right of way and failed to notice the driver was distracted.
- Slip and Fall Cases: Clear defenses where the plaintiff failed to notice the warning signs and was distracted; wet floor accidents where the plaintiff was unaware of the condition and the defendant failed to post any signs.
In all of the above scenarios, the allocation of fault will depend on the evidence presented.
Multiple Defendants: Combined Negligence Advantage
The second important aspect of Nevada fault laws is that they provide relief to the plaintiff in situations where there are multiple defendants. Under NRS 41.141, if there are more than two defendants in the case, the negligence of the plaintiff is compared to the combined negligence of the defendants.
This rule of combined negligence is useful in a messy multi-party accident case. It also generally favors injured plaintiffs.
How Insurance Companies Use the 51% Rule with Nevada Fault Laws
Insurance adjusters are familiar with Nevada’s standard of fault determination, and they often use the following tactics:
- Early Fault Claims: The insurance adjuster may call you shortly after the crash, want a recorded statement from you, and ask leading questions to persuade you into admitting fault before you fully understand your case.
- Inflating Your Share of Fault: Even if liability is obvious, insurance companies try to use comparative negligence principles to their advantage during a settlement negotiation or to deny a claim altogether.
- Distorting Nevada Law: Sometimes, insurance adjusters misinform accident victims who are not represented by lawyers that if they are found to be at fault in any way, then they are barred from recovery.
The best way to protect yourself is to consult an injury lawyer before dealing with your insurance company. Your attorney will handle all communications with your insurer.
Evidence That Shapes Fault Allocation
Fault shares are based on evidence introduced during either a trial or negotiations. Some critical pieces of evidence include:
- Traffic Camera and Surveillance Evidence: Clear and unbiased evidence from traffic cameras, store security cameras, and dashcams can resolve questions of fault conclusively.
- Accident Reconstruction Experts: Accurate analysis of skid marks, car damage, and other debris can shift fault by 10 to 30 percent, depending on how well the experts analyze the data.
- Witness Statements: Evidence from unbiased witnesses who are not affiliated with either party is crucial in settling questions of fault conclusively.
- Police Reports and Citations: Although these are not admissible as proof of fault in Nevada courts, citations are useful in negotiations and investigations.
- Cell Phone Records: In cases involving distracted driving, these records can be used to prove or disprove whether a party was texting or calling during the accident.
Protecting Your Rights: Strategic Steps to Take with Nevada Fault Laws
If you are injured and partially responsible for your injuries, you should take these strategic steps:
- Do not say you’re sorry or take any fault for the accident. Saying “I’m sorry” or “I didn’t see you” can be used against you. Always be polite, but never take fault.
- Gather all information immediately. Photograph where the vehicles are, the damage, and the road conditions, as all of these could be useful information. Good documentation will quiet any arguments that may arise and make it harder for the other side to spin a story of who is at fault.
- Get medical care as quickly as possible. Waiting too long will give the insurance company reason to say your injuries are not severe enough or that they weren’t caused by the accident.
- Avoid social media. Do not make any posts about your accident or activities. Defense lawyers will scour your social media for anything that may disprove your claims.
- Contact a personal injury attorney immediately. This is the most important step in your case.
Frequently Asked Questions
Can I still recover if I was ticketed for a traffic violation?
Yes. A ticket means that you were negligent, but that does not mean that you will be unable to recover damages. If the fault of the other driver was equal to or less than your fault, you will be able to recover damages according to Nevada fault laws.
What if I wasn’t wearing a seatbelt?
If you are injured while driving a vehicle, Nevada law (NRS 41.120) states that failure to wear a seatbelt cannot be used as comparative negligence. However, it could be argued that your damages are higher as a result of failing to wear a seatbelt.
How does comparative negligence apply to passengers?
As a passenger, comparative negligence is rarely applied unless you are found to have caused the accident by taking action that caused it, like grabbing the wheel or encouraging reckless driving. Most passenger injury claims are negligence against the person driving the vehicle.
Lerner and Rowe: Here to Help with Nevada Fault Laws
If you’ve been injured in a Las Vegas, Reno, Henderson, or Nevada accident, call Lerner and
Rowe today.
We’ve been able to achieve billion-dollar total results for our clients nationwide over the years, and we are dedicated to fighting for the rights of injured victims. On top of that, we offer a no-fee promise, which means that you won’t pay a thing unless we win your case. To get started with us today, you can give us a call, fill out our online form, or simply use LiveChat to speak to our team.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.