Can You Still Recover Compensation If You Were Partially at Fault in a Nevada Accident?
Many accident victims hesitate to pursue a claim because they believe they were partially to blame. However, being partly at fault does not automatically prevent you from recovering compensation under Nevada law.
Nevada follows a legal rule known as comparative negligence, which allows injured individuals to seek damages even if they share some responsibility for an accident. Understanding how this rule works—and how insurance companies apply it—is critical to protecting your rights after an injury.
What Is Comparative Negligence in Nevada?
Comparative negligence in Nevada is a legal standard used to determine how fault is shared between parties involved in an accident. Nevada follows a modified comparative negligence rule.
This means:
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You can recover compensation as long as you are less than 51% at fault
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Your total compensation is reduced by your percentage of fault
If you are found 51% or more responsible, you cannot recover damages.
How Comparative Negligence Works: An Example
Imagine you are injured in a car accident in Las Vegas and your total damages equal $100,000. If you are found 20% at fault and the other driver is 80% at fault, your compensation would be reduced by 20%.
Final recovery: $80,000
This same principle applies to pedestrian accidents, slip and fall cases, truck accidents, and other personal injury claims.
Common Situations Where Partial Fault Is Claimed
Insurance companies frequently argue partial fault in cases involving:
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Car accidents where both drivers may have made mistakes
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Pedestrian accidents involving jaywalking claims
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Slip and fall accidents where footwear or awareness is questioned
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Bicycle accidents involving traffic rule disputes
Even when these arguments arise, a Las Vegas personal injury attorney can challenge exaggerated fault claims and protect your right to compensation.
How Insurance Companies Use Comparative Negligence Against You
Insurance adjusters often attempt to shift blame to reduce payouts. They may:
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Claim you were distracted or speeding
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Argue unsafe footwear or behavior in slip and fall cases
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Suggest a pedestrian “should have been more careful”
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Pressure you into accepting fault during recorded statements
This is why speaking with a Las Vegas personal injury attorney before giving statements or accepting a settlement is essential.
Evidence Matters in Comparative Negligence Cases
Strong evidence can significantly reduce the percentage of fault assigned to you. This may include:
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Police reports
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Surveillance or traffic camera footage
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Witness statements
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Medical records
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Expert accident reconstruction
An experienced attorney knows how to gather and present this evidence effectively.
Does Comparative Negligence Apply to All Injury Cases in Nevada?
Yes. Nevada’s comparative negligence rule applies to most personal injury cases, including:
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Car accidents
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Truck and commercial vehicle accidents
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Pedestrian accidents
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Slip and fall injuries
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Motorcycle and bicycle accidents
Each case is evaluated based on its unique facts and evidence.
Why Legal Representation Is Especially Important in Partial Fault Cases
When fault is disputed, the outcome of your case often depends on how well liability is argued. A skilled Las Vegas personal injury attorney can:
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Challenge unfair fault assessments
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Negotiate aggressively with insurance companies
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Ensure your damages are accurately calculated
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Protect you from being unfairly blamed
Without legal guidance, victims often accept far less than they deserve—or wrongly assume they have no case at all.
Talk to Banda Law Group About Your Injury Case
If you were injured in a Nevada accident and believe you may share some responsibility, don’t assume you’re out of options. Banda Law Group helps injured clients pursue compensation even in complex comparative negligence cases.
Our team can explain how Nevada law applies to your situation and fight to minimize fault so you can recover what you deserve.