You can still recover compensation in Nevada even if you were partly at fault, as long as you were not more than 50% responsible for the accident. However, your compensation will be reduced by the percentage of fault you bear.
At Battle Born Injury Lawyers, we’ve recovered over $100 million for injured clients and bring 85+ years of combined experience to every case—including time spent defending insurance companies. We know exactly how fault gets assigned, how insurers try to shift blame, and how to push back.
Nevada’s comparative negligence law can directly impact how much you recover, or whether you recover anything at all. In this guide, we’ll break down how fault is determined, how percentages affect your compensation, and what you can do to protect your claim from being unfairly reduced.
Terms to Know
- Comparative Negligence: A legal rule that allows multiple parties to share fault for an accident, with compensation reduced based on each party’s percentage of responsibility.
- Modified Comparative Negligence (Nevada Rule): You can recover damages only if you are 50% or less at fault. If you are 51% or more at fault, you recover nothing.
- Fault (Liability): The degree to which each party is responsible for causing the accident.
- Damages: The financial compensation awarded for losses such as medical bills, lost wages, and pain and suffering.
How Fault Is Determined in Nevada
Step 1: Evidence Is Collected
- Police reports
- Witness statements
- Photos and videos
- Medical records
- Accident reconstruction (if needed)
Step 2: Insurance Companies Assign Fault
Each insurer reviews the evidence and assigns fault percentages to each party.
Step 3: Attorneys Challenge or Defend Fault
- This is where cases are often won or lost. Your lawyer can:
- Dispute inaccurate fault percentages
- Present additional evidence
- Bring in experts
Step 4: Fault Impacts Compensation
Your percentage of fault reduces your final recovery. For example:
- Total damages: $100,000
- Your fault: 20%
- Your recovery: $100,000 – 20% = $80,000
Let’s look at a higher fault example:
- Total damages: $100,000
- Your fault: 50%
- Your recovery: $100,000 – 50% = $50,000
Finally, let’s look at a disqualifying fault example:
- Total damages: $100,000
- Your fault: 51%
- Your recovery: $0 (barred from recovery under Nevada law)
Factors That Can Affect Fault Percentage
- Speeding or traffic violations
- Distracted driving
- Failure to yield
- Road conditions
- Vehicle defects
- Conflicting witness accounts
How Nevada Compares to Other Fault Systems
| System Type | Can You Recover if Partly at Fault? | How It Works |
| Contributory Negligence | No | Any fault (even 1%) bars recovery completely |
| Pure Comparative Negligence | Yes | You can recover even if 99% at fault (reduced by fault %) |
| Modified Comparative (Nevada) | Yes (upt to 50%) | You can recover only if you are 50% or less at fault; reduced by your percentage |
What to Do After an Accident to Protect Your Claim
Immediate Actions
- Call the police and request a report
- Seek medical attention right away
- Take photos of the scene and vehicles
- Get witness contact information
Smart Follow-Up Steps
- Avoid admitting fault
- Notify your insurance company
- Keep all medical records and receipts
- Follow your treatment plan
Legal Protection Checklist
- Do not give recorded statements without legal advice
- Do not accept early settlement offers
- Consult a personal injury attorney as soon as possible
FAQs About Partial Fault in Nevada
Can I still file a claim if I was partly at fault?
Yes. As long as you are 50% or less at fault, you can pursue compensation.
Who decides how much fault I have?
Initially, insurance companies assign fault—but it can be challenged and ultimately decided in court if necessary.
Can fault percentages change during a case?
Yes. As new evidence is introduced, fault allocations can shift significantly.
Does admitting fault at the scene hurt my case?
It can. Even casual statements may be used by insurers to increase your percentage of fault.
What if multiple drivers are involved?
Fault can be divided among multiple parties, and each party’s share affects the amount of damages paid.
Can I recover damages if the other driver was mostly at fault?
Yes—if you are not more than 50% responsible, you can still recover a reduced amount.
We’re Here to Protect Your Recovery Before Fault Is Decided
When fault is shared, the outcome of your case often comes down to how well your side of the story is built and defended. Insurance companies actively look for ways to increase your percentage of blame and reduce what they pay.
At Battle Born Injury Lawyers, our team includes AV Preeminent-rated litigators, court-appointed arbitrators, and attorneys recognized year after year by Super Lawyers and the Nevada Business Journal. We’ve built our careers inside Nevada courtrooms, handling complex liability disputes and high-stakes injury cases.
If there’s a question about fault in your case, you shouldn’t be guessing where you stand or what your claim is worth. Talk to a local legal team that knows how fault is argued, challenged, and decided right here in Nevada. Contact us today to book your complimentary case evaluation.
