Understanding Nevada’s Comparative Negligence Laws in Vehicle Accidents

When you are involved in a car accident, determining fault is an important and necessary step to determine who is liable for all damages. While there are several ways to determine liability between two parties, Nevada utilizes a comparative negligence system to assign fault and allocate damages appropriately. This system is particularly useful for car accident cases where both parties share some level of responsibility. By understanding how Nevada’s comparative negligence law works, you can ensure your chances of protecting your rights and seek compensation for your damages.  

What is Nevada’s Comparative Negligence  

Nevada’s comparative negligence refers to a legal framework that determines the amount of responsibility each party shares in an accident and how it can impact the amount of compensation they owe/receive. The comparative negligence law is outlined in NRS 41.141 stating that victims in a car accident are able to recover damages even if they are partially at fault for the accident, as long as they are not more than 50% at fault for the accident in question. 

Should the victim be found 51% or more responsible for causing the accident in question, then they won’t be able to recover any kind of compensation and would be held liable for all damages. However, it is important to note that if you are partially responsible for an accident and were awarded a sum for damages, that total awarded amount will be reduced by the percentage of your fault. For example, if you were found to be 20% at fault for a crash and were awarded $100,000, you would receive only $80,000 after the reduction for your share of fault.

What Is the Standard of Negligence in Nevada?

In the state of Nevada, the standard for negligence refers to a failure to exercise a level of reasonable care that a person would normally act in a similar circumstance. In the context of car accidents, NRS 41.130 states that anyone who has caused an accident and inflicted harm onto another person or property damage due to their neglect or recklessness would be held responsible for their actions. This can entail a variety of car accidents from drunk driving to road rage incidents to even simple driver errors. With that in mind, it is important that you drive carefully and abide by all traffic laws to prevent causing any car accident.   

Who Determines Liability in a Nevada Car Accident?

When it comes to determining liability in a car accident, an objective third party is required in order to keep the dispute fair as possible. As such, the allocation of liability is often determined by the left combined information of law enforcement reports and insurance companies. This is due to the fact that police officers who respond to the scene have to prepare a detailed report of the accident that includes all potential causes and contributing factors and insurance companies utilize that information as well as the ones they have gathered when they investigate a claim. 

While one or both parties can disagree on the allocation of the fault, they can take it to court and have a judge ultimately determine the percentage of fault and who is ultimately responsible for the accident in question. However, this process tends to be a lengthy process and should be considered for highly complex accident cases. 

What Is the Difference Between Comparative and Contributory Negligence?

While comparative negligence allows for shared fault and reduces compensation based on the plaintiff’s percentage of fault, contributory negligence is much stricter, because should a plaintiff be found slightly at fault for an accident then they can be completely barred from recovering any damages. Fortunately for many people, Nevada does not follow a contributory negligence model and utilizes a modified comparative negligence model, because it is more equitable and fair as car accidents can become very complex at a moment’s notice.  

What Should I Do if I Was Involved in a Nevada Car Accident?

If you were involved in a car accident in Nevada and have suffered a personal injury, it is recommended to hire a personal injury attorney, especially if you are unsure how liable you are. By hiring a personal injury attorney, they can represent your best interests at heart and ensure that you recover financial compensation for your damages. 

Should you wish to consult with an attorney about your car accident, contact us today by calling (213) 927-3700 or filling our contact form to schedule a FREE consultation with our compassionate and talented legal team.