Key Takeaways:
Yes, you can still recover compensation in Nevada even if you were partially at fault for the accident. The other side will not tell you that. Insurance adjusters want you to believe that any share of the blame ends your claim because it saves them money. Nevada law says otherwise, and the difference can be worth tens of thousands of dollars to you. At No BS Las Vegas Personal Injury Lawyers, we push back hard when insurers try to pin extra blame on injured people to shrink what they pay. If you were hurt and worry that your own mistake sinks your case, call us at 702-356-6000 for a free case evaluation.
Being partially at fault means you share some responsibility for the accident that hurt you. Nevada handles these situations under a rule called comparative negligence, codified in Nevada Revised Statutes 41.141. Under this law, more than one person can be legally responsible for the same crash.
Comparative negligence assigns each party a percentage of the blame. Maybe you were speeding slightly when another driver ran a red light and hit you. You carry a small share, and the other driver carries most of it.
Here is what matters most: Partial fault does not erase your right to compensation here. Many injured people assume that one mistake cancels their claim and then walk away from the money they were owed. That assumption is exactly what the insurance company is counting on.
We investigate every accident to make sure blame lands where it belongs. Our team gathers the facts, challenges inflated fault claims, and protects your share of the recovery.
Nevada does not allow you to recover damages if the accident was mostly your fault. The state applies what is often called the 51% bar rule, as outlined in NRS 41.141. You can recover as long as your share of fault is not greater than the other side's.
In plain terms, 50% or less keeps your claim alive. Once your fault reaches 51%, you recover nothing, no matter how badly you were hurt. That single percentage point is why insurers fight so hard to push your number higher.
When you share blame, your compensation is reduced by your percentage of fault. The math is simple, and the impact is large.
Say a jury values your damages at $100,000 and finds you 30% at fault. Your recovery drops by 30%, leaving you with $70,000. If your fault is pushed to 51%, you are barred from recovering any damages.
Every percentage point carries real money. We fight to keep your assigned fault as low as the evidence allows, because a few points can mean the difference between a full recovery and an empty one.
Fault is not decided by whoever argues the loudest. It is built from evidence, and the party with the stronger proof usually controls the outcome. In the early stages, an insurance adjuster assigns percentages of fault. If your case goes to court, a judge or jury makes the final call.
The problem is that adjusters work for the insurance company, not for you. Their first fault estimate is often slanted to reduce what they owe. Strong evidence is how we correct that.
Several types of evidence carry weight when fault is in dispute:
The more of this proof we gather early, the harder it becomes for the insurance company to shift blame onto you.
Insurance companies know the 51% bar rule better than most drivers do. Every extra point of fault they assign to you is money they keep. That is why their adjusters work to build a case against you from the first phone call.
An adjuster may call within days to request a recorded statement, hoping you say something that sounds like an admission. Another common move is a fast, low-settlement offer designed to close your claim before you understand its true value. Some adjusters simply assert that you were mostly responsible and dare you to argue.
At No BS Las Vegas Personal Injury Lawyers, we handle these conversations so you do not have to. We know the scripts adjusters use, and we know how to shut them down. Our team documents the real story of your crash and holds the insurer to the facts.
You do not have to accept the blame that an adjuster hands you. If an insurance company is already trying to make this your fault, call us at 702-356-6000 before you give any statement.
Many accidents involve more than one careless party. A multi-car pileup, a crash caused by a bad road and a distracted driver, or a collision with a company vehicle can all put several parties on the hook. Nevada's comparative negligence law accounts for this.
When multiple parties are at fault, your share is compared against their combined fault, not against each one separately. If you are 40% responsible and the other two drivers together are 60%, you can still recover. Your fault only has to stay at or below the combined blame of everyone you pursue.
Under NRS 41.141, each at-fault party is usually responsible only for its own percentage of the damages. If one party settles with you before trial, the court subtracts that party's share from your award so nothing is double-counted. These rules get complicated fast, and insurers use that complexity against unrepresented people. Our team at No BS Las Vegas Personal Injury Lawyers identifies every responsible party and pursues each for their fair share.
What you do after a crash directly affects how much fault lands on you. A few deliberate steps can protect your claim, even when you think you might share some blame.
Take these actions to protect your recovery:
Each step builds a stronger record and leaves less room for the insurer to inflate your share.
Timing matters too. In Nevada, you generally have two years from the date of your injury to file a personal injury claim under NRS 11.190. Miss that deadline and your case is over, regardless of who was at fault. Evidence also fades fast, so the sooner you act, the stronger your claim stays.
You can still recover at 50% fault, but your compensation drops by half. Once your share of fault exceeds 50%, NRS 41.141 blocks any recovery.
No. An adjuster's fault estimate is only an opening position, not a ruling. If your case goes to court, a judge or jury sets the final percentage.
Not by itself, but it can be used against you. Fault rests on evidence, so we build your case on facts rather than a stressed comment.
You can still recover if your fault does not exceed their combined fault. Each driver is generally responsible only for their own percentage of your damages.
Fault is proven with police reports, photos, video, witness statements, and expert reconstruction. We gather this evidence early to keep your share as low as possible.
No. Insurers often exaggerate your fault to justify a low offer. Before accepting anything, let our team review whether the offer reflects your real losses.
If an insurance company is already blaming you for a crash that left you hurt, do not let that number go unchallenged. Being partially at fault does not close the door on compensation, and the gap between a 49% and a 51% fault finding can decide your entire claim.
At No BS Las Vegas Personal Injury Lawyers, we take on adjusters who inflate blame to protect their bottom line. Our attorneys know Nevada's comparative negligence rules and how to keep your assigned fault as low as the evidence allows.
We work on a contingency fee basis, so you owe nothing unless we win. From your first call, you deal with a team that tells you the truth about your case and fights for every dollar of your recovery.
Do not gamble with your right to compensation. Call our team at 702-356-6000 or reach us through our contact page for a free case evaluation today.
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Beal & Shirts Law, PLLC DBA No BS Las Vegas Personal Injury Lawyers
