How is Fault Determined in a Car Accident in Nevada?

Nevada follows the principle of comparative negligence when determining fault in car accidents. Each party in an auto accident is assigned a percentage of fault based on the facts of the collision.

Insurance companies, law enforcement officers, and the court, if a lawsuit is filed, determine the degree of fault. Fault is based on factors such as police reports, witness statements, physical evidence, and applicable traffic laws.

More specifically, Nevada law holds people accountable based on a modified comparative negligence rule. If you’re found to be 51% or more at fault, you cannot file a lawsuit. Both parties in the case must be at least equally to blame to reach a settlement in the case.

Therefore, each party involved in the accident is assigned a percentage of responsibility based on their involvement. So, you might not be considered at fault at all or may have to assume some degree of accountability. Always have a Reno car accident attorney assess your options. 

What Is Comparative Negligence?

Comparative negligence is a legal standard that assigns a percentage of fault to each party involved in an accident, allowing for partial recovery of damages based on that percentage. In Nevada, this principle is known as modified comparative negligence and is codified under NRS §41.141. According to this statute, an injured party can recover compensation as long as they hold 50% or less of the fault in the incident.

For example, if you’re involved in a Reno car crash and are found 30% at fault, you could still recover 70% of your damages, including medical bills, lost wages, and pain and suffering.

However, if your share of the fault equals or exceeds 51%, you are barred from receiving compensation. This rule promotes accountability and aims to distribute liability fairly among all parties.

Nevada’s approach to shared fault is especially relevant in situations like multi-vehicle collisions, where multiple drivers may have contributed to the incident. This legal framework allows injured victims to pursue justice even when their actions partially contributed to the crash.

Understanding how the shared fault Nevada law applies in partial liability situations helps victims make informed decisions about their rights, especially when dealing with insurers or multiple drivers.

Determining Fault in a Shared Fault Accident

Fault in a shared-fault car accident is assigned by analyzing how each driver’s actions contributed to the crash, based on physical evidence, witness accounts, and Nevada traffic laws. Insurance adjusters and legal teams carefully evaluate whether all parties acted with reasonable care and whether any breaches of duty occurred.

In many Reno collisions, especially those involving intersections or multiple vehicles, negligence is not always one-sided. Negligence refers to a driver’s failure to use reasonable caution, such as speeding, ignoring right-of-way rules, or failing to signal. Common factors that influence fault determination include:

• Violation of local traffic laws, such as running a red light or making an illegal U-turn.
• Witness statements provide independent observations of how the crash occurred.
• Police reports often reference the probable cause and cite specific infractions.
• Dashcam footage or surveillance, which may offer clear visual proof
• Skid marks, vehicle positions, and property damage help reconstruct what happened.

When more than one driver is found negligent, Nevada’s modified comparative negligence rule comes into play. Investigators must assign each party a percentage of fault. For instance:

• A driver who ran a stop sign may be assigned 60% of the blame
• Another who was speeding but had the right-of-way could carry 40% responsibility

Under NAC § 687B.850, insurers in Nevada are required to consider all relevant factors and handle comparative fault assessments using established procedures. These investigations are guided by the shared fault Nevada law, which assigns percentages of blame based on each driver’s role in the collision.

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Challenges in Shared Fault Accident Cases

Proving liability in shared fault cases presents significant challenges due to competing narratives, subjective interpretation of evidence, and bias in witness testimony or insurer evaluation. 

Navigating an injury claim under the shared fault Nevada law can be especially difficult when insurers attempt to shift a disproportionate percentage of blame onto the injured party. 

Without legal representation, accident victims may unknowingly accept fault allocations that reduce or eliminate their right to compensation. Some important obstacles for plaintiffs can be the following:

• Disputed Facts: When both drivers blame each other, proving the truth can become a matter of which side has stronger documentation. This is common in side-impact crashes at intersections or lane-change conflicts without clear witnesses.
• Lack of Evidence: If no dashcam, surveillance footage, or credible witnesses exist, insurance adjusters may assign blame based on assumptions.
• Insurance Tactics: Insurers may over-assign fault to the claimant to minimize payouts. For instance, they may argue the claimant should have reacted more quickly or maintained a safer distance, even if the other driver was more negligent.
• Bias in Police Reports: Sometimes, law enforcement officers inadvertently reflect partial views in their reports, which can unfairly influence claim outcomes.
• Medical Causation Disputes: Insurers may argue that your injuries existed before the crash or were caused by a separate event, such as a prior accident, pre-existing condition, or unrelated incident.

To navigate these complexities effectively, legal representation becomes crucial. A qualified attorney can collect and preserve evidence, communicate with insurers on your behalf, and argue your case under the protections afforded by Nevada’s modified comparative negligence rule.

Steps to Take After a Shared Fault Accident

If you’re involved in a shared-fault accident in Reno, taking the right steps immediately afterward can protect your legal rights, strengthen your claim, and reduce the risk of being unfairly assigned the majority of fault. Acting quickly and wisely can also help preserve crucial evidence and improve your chances of a favorable outcome. Here are the post-accident steps you should take:

1. Call 911 and Seek Medical Help: Always request law enforcement at the scene and report any injuries, no matter how minor they may seem.
2. Document the Scene: Use your phone to take both wide and close-up photos that clearly capture vehicle positions, skid marks, license plates, visible injuries, and any relevant road signs.
3. Exchange Information: Collect names, addresses, license numbers, and insurance details from all involved parties.
4. Look for Witnesses: Identify any bystanders and ask for their contact information. Neutral third-party observations can be pivotal.
5. Avoid Admitting Fault: Even saying “I’m sorry” can be misinterpreted as an admission. Stick to facts when talking to police or other drivers.
6. Request a Copy of the Police Report: This document will be critical in your legal case or insurance claim.
7. Notify Your Insurance Provider: Report the accident, but refrain from giving a recorded statement without legal counsel.
8. Consult a Personal Injury Attorney: A lawyer can identify all potentially liable parties, help preserve key evidence, and advocate on your behalf to prevent insurers from unfairly assigning you a larger share of the fault.

Failing to take any of these steps can significantly weaken your case. For example, if you don’t document your injuries right away, the insurance company may claim they were unrelated to the crash. Likewise, if you don’t gather sufficient evidence from the scene, fault may be misassigned

Why It’s Best to Speak to an Attorney

Again, if you’re found to be 51% or more at fault, you cannot recover damages from the other party. Because car accident cases are both subjective and complex, you should consult with a lawyer who handles car accident cases to fully understand your rights and options.

How Modified Comparative Negligence Works

Let’s look at some examples of modified comparative negligence to better understand how the concept works.

Let’s say two vehicles, Vehicle A and Vehicle B, are involved in a collision. Vehicle A, which is operating above the speed limit, collides with Vehicle B, which does not yield the right-of-way. After the incident, the drivers of both cars submitted claims to their insurance companies.

Because Nevada is a fault state, each party must share in the blame, to some extent, depending on the determinations made by their respective insurance companies or the court. This is called “degree of fault.” Once more, if either party is 51% or more liable, they can’t recover damages.

In this scenario, Vehicle B has been determined to be 40% at fault for failing to yield and, therefore, is allowed to receive 60% for a claim or from a settlement. 

For example, let’s say the driver’s damages of Vehicle B amounted to $40,000. In this case, they are entitled to $24,000 (60% of $40,000) when filing a claim with an insurance company.

Maybe the accident was more serious. In this case, the driver of Vehicle B may have filed a claim for a higher settlement and asked for $200,000 for damages. If they win their case, they’ll receive 60%, or $120,000.

On the other hand, the driver of Vehicle A, in this scenario, may not be able to recover damages. Because they were speeding (or driving recklessly), they were determined to be 60%, or above 51%, at fault. As a result, they don’t have a solid case to wage a claim against the other driver.

Contact Kidwell & Gallagher Now

That’s why you need to speak to a car accident lawyer in Nevada to discuss your auto accident claim. Contact the law firm of Kidwell & Gallagher today to learn more about your rights and responsibilities.