How Nevada’s 51% Comparative Negligence Rule Can Impact Your Injury Claim
If you’ve been injured in an accident in Nevada, understanding how fault is determined can make all the difference in your recovery. Nevada’s 51% comparative negligence rule is a central part of every personal injury claim in the state, yet many people don’t realize how dramatically it can affect the amount of compensation they receive—or whether they can recover at all. Since the rule plays a major role in determining compensation, insurers carefully evaluate how fault is assigned in each case.
Learn what you need to know to protect yourself and your right to fair compensation.
What Is Nevada’s 51% Comparative Negligence Rule?
Nevada follows a “modified comparative negligence” system, sometimes called the 51% rule. Under this law, if you are found to be 51% or more at fault for your accident, you cannot recover any damages from the other party. However, if you are 50% or less at fault, you can still recover damages—but your award will be reduced by your percentage of fault. This system is outlined in Nevada Revised Statutes (NRS) 41.141.
For example, suppose you’re involved in a car accident and a jury finds you 20% at fault because you were speeding, but the other driver ran a red light. If your total damages are $100,000, you would receive $80,000—your $100,000 minus the 20% attributed to your actions.
Why Do Small Shifts in Fault Matter?
One of the most important things to realize is that even a small increase in your assigned fault percentage can lead to a significant reduction in your compensation. Consider an accident where your damages are $50,000. If you’re found 10% at fault, you’d recover $45,000. But if an insurer assesses your fault up to 40%, you’d walk away with just $30,000. If you’re determined to be 51% or more at fault, you receive nothing at all.
Because fault percentages directly affect compensation, insurers take a close look at every detail. Even small changes in how fault is allocated can influence the outcome of your claim.
How Do Insurance Companies Determine Fault?
Insurance companies carefully review the circumstances of an accident to determine how fault should be divided under Nevada law. Adjusters may consider statements from those involved, traffic laws, medical records, and other available evidence. Because the 51% rule affects how compensation is calculated, insurers often take a detailed and cautious approach when assigning percentages of fault.
Sometimes, this can lead to an injured person being assigned more responsibility than they expect. Working with an experienced attorney can help ensure that the evaluation is balanced and that all relevant facts are taken into account.
Why Does Legal Representation Matter?
Navigating a personal injury claim in Nevada means more than just proving the other party was at fault. You also need to ensure that your role in the accident is accurately understood. This is where having a knowledgeable attorney becomes invaluable.
At Ahlander Injury Law, our attorneys understand the strategies insurers use and how to counter them. We gather evidence, consult with experts, and negotiate aggressively to keep your fault percentage as low as possible. Our team is committed to ensuring that you are not unfairly blamed for an accident and that every factor in your favor is fully presented.
What Are the Steps to Protect Yourself After an Accident?
The moments after an accident are crucial. While every case is unique, taking the right steps can help protect your interests and strengthen your claim. Always seek medical attention immediately, document the scene with photos, and avoid making statements that could be misinterpreted as admissions of fault. If contacted by the other party’s insurer, direct them to your attorney.
Why Can This Rule Make or Break Your Claim?
The difference between 50% and 51% fault could be the difference between receiving significant compensation and getting nothing at all. That’s why it’s so important to have a legal advocate who understands the law and is ready to fight for your rights at every step.
If you’re recovering from an injury and unsure how fault may impact your claim, taking the right steps now can make a meaningful difference. Contact Ahlander Injury Law today for a free consultation, and let us help you level the playing field.
