Want to understand comparative negligence in Nevada? When you’re injured in an accident, whether it’s a car crash, a slip and fall, or even a collision involving an autonomous vehicle, one of the first questions that arises is: “Who was at fault?” In Nevada, the answer isn’t always black and white. Instead, our state uses a system called modified comparative negligence to determine who pays what, and how much you can recover.
What Is Comparative Negligence?
Comparative negligence is a legal principle that recognizes that sometimes, more than one person (or company) contributes to an accident. Under Nevada’s modified comparative negligence law, you can still recover compensation for your injuries even if you were partly at fault, as long as your share of the blame is not greater than the other parties involved.
Here’s how it works:
If you are 50% or less at fault, you can recover damages, but your compensation will be reduced by your percentage of fault.
If you are 51% or more at fault, you cannot recover any damages, no matter how serious your injuries are.
How Comparative Fault Is Calculated
Think of fault like a pie chart. Each party’s actions are analyzed, and the “pie” is divided up into percentages. For example:
- Driver A runs a red light: 60% at fault
- Driver B is speeding: 30% at fault
- Driver C is distracted: 10% at fault
If you are Driver B and your damages total $100,000, but you’re found 30% at fault, you can recover $70,000. Your compensation is reduced by your share of fault.
Real-World Example: Autonomous Vehicles
Let’s say you’re involved in a crash with a self-driving car. The investigation finds:
- The autonomous vehicle’s software failed to detect a stop sign (60% at fault)
- You were speeding (20% at fault)
- The city had faded road markings (20% at fault)
If your total damages are $100,000 and you’re 20% at fault, you can recover $80,000. Each responsible party pays their share, based on their percentage of fault.
Why Comparative Negligence Matters
This system is designed to be fair. It means that even if you made a mistake, you’re not automatically barred from recovering compensation-unless your mistake was the main cause of the accident. It also means that insurance companies and courts will look closely at all the facts, which makes having a skilled personal injury attorney on your side absolutely essential.
What’s the Difference Between Modified Comparative Negligence, Pure Comparative Negligence, and Contributory Negligence?
Negligence laws vary by state, and understanding these differences is crucial if you’re pursuing a personal injury claim. While every state has rules for handling shared fault in accidents, the approach can significantly affect your ability to recover compensation.
Modified Comparative Negligence
States like Nevada use a modified comparative negligence system. Under this rule, you can recover damages after an accident as long as your share of fault is not greater than the combined fault of the other parties. In Nevada, this means if you are 50% or less at fault, you can still receive compensation, but your award will be reduced by your percentage of fault. However, if you are 51% or more at fault, you are barred from recovering any damages. This system aims to balance fairness by allowing partial recovery but setting a clear limit.
Pure Comparative Negligence
In states with pure comparative negligence, accident victims can recover damages even if they are
How Nevada’s Law Impacts Your Case
Nevada’s comparative negligence law is found in NRS 41.141. It applies to most personal injury cases, including car accidents, pedestrian injuries, and even many cases involving autonomous vehicles. However, it does not apply to strict liability cases (like defective product claims) or intentional torts (like assault).
Tips for Protecting Your Rights
Contact an attorney early. The sooner you get legal help, the better your chances of minimizing your assigned fault and maximizing your recovery.
Don’t admit fault at the scene. Even a simple apology can be used against you.
Gather evidence. Take photos, get witness names, and keep all records.
The Bottom Line
Comparative negligence can be confusing, but it’s a crucial part of Nevada personal injury law. If you’ve been hurt-especially in a complex scenario like an autonomous vehicle crash-don’t leave your future to chance. At Howard Injury Law, we’ll fight to make sure your side of the story is heard and you get the compensation you deserve.
Skilled Personal Injury Attorneys Ready to Help
At Howard Injury Law, our experienced personal injury lawyers guide you through every step of the comparative negligence. We are dedicated to serving clients in Nevada, California, Colorado, and Arizona. From your first free consultation to the final resolution of your case, our team is here to provide clear support and strong representation.
We understand that personal injury claims can be complex and stressful. That’s why we focus on protecting your rights and making the process as smooth as possible. Our car accident attorneys and personal injury lawyers work hard to ensure you get the compensation you deserve.
Free Consultation with Howard Injury Law:
📲 (702) 331-5722 M-F/9-5
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