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Summary
Nevada's modified comparative negligence rule is outlined under NRS 41.141.
Table of Contents
What's Comparative Negligence
Comparative negligence is a legal doctrine used to determine liability and compensation in personal injury cases where multiple parties may be at fault for the accident.
Comparative fault helps avoid unfairly and totally punishing one party for an accident by allowing there to be more than one at-fault party.
Under most comparative negligence laws, a person's compensation will be reduced by the percentage they are found to be at fault for; however, this system of reducing compensation based on fault differs between the two types of comparative negligence, which are:
- Pure Comparative Negligence: Under a pure comparative fault rule, a plaintiff can recover compensation no matter how much fault they share in the accident, even if it's 99%. However, their compensation will be reduced by their percentage of fault.
- Modified Comparative Negligence: Under a modified comparative negligence rule, a plaintiff can only recover compensation if their percentage of fault is below a set percent, typically 50% or 51%. If a plaintiff's percentage of fault is above this percent limit, they will be barred from recovering any compensation from the defendant.
If you have a car accident case in Las Vegas and wonder how comparative negligence may affect it, schedule a free consultation with a Las Vegas car accident attorney from our personal injury law firm today by calling (702) 566-3600.
What Is Nevada's Modified Comparative Negligence Rule: NRS 41.141 & Nevada's 51% Rule
Nevada law follows modified comparative negligence laws, which are outlined under NRS 41.141 and allow at-fault parties to recover damages as long as their fault percentage in the personal injury case does not exceed 51%.
However, under Nevada's modified comparative fault law, a plaintiff's compensation will be reduced based on the percentage of fault they shared, and if their fault percent exceeds 51%, they will be unable to recover damages from the defendant.
To ensure no financial losses in your personal injury case, contact Attorney Rodney Okano today, as he understands Nevada modified comparative negligence and can get you the most out of your case.
Who Determines Comparative Negligence
Insurance Adjusters
In personal injury cases, comparative negligence is most commonly determined by an insurance adjuster, as most negligence cases do not reach the Nevada court system.
An insurance adjuster will typically determine comparative negligence by analyzing police reports, witness statements, maintenance records, and medical records.
In addition, in some cases, insurance companies will deploy their own private investigators to help determine liability.
Judge or Jury
If your injury attorney files a personal injury lawsuit and your case goes to court, a judge or jury will determine comparative negligence.
A judge or jury determines comparative negligence by reviewing eyewitness testimony, accident reports, medical documentation, and expert testimony.
In Nevada if a judge or jury finds the plaintiff to be 51% or more at fault they will be unable to recover damages from the defendant, so it's crucial that if your case goes to court that you get a strong and trail tested legal team, such as one at The Rodney Okano Car Accident Lawyer Law Firm.
When Does Comparative Negligence Not Apply in Nevada
While Nevada's modified comparative negligence law (NRS 41.141) will apply to almost all personal injury incidents, such as car accidents, there are situations where shared fault will not be a factor.
Intentional or Willful Acts
Willful or intentional torts are often exempt from any shared-fault rules.
This includes if the defendant's actions were notably intentional, reckless, or willful.
Strict Liability Cases
In cases that hold the defendant strictly liable, 100% of the fault will be automatically pinned on the defendant, even if they didn't act negligently.
Such cases that follow a strict liability system are:
- Product Liabilty: In product liability cases, the manufacturer is held strictly liable for any injuries or damages resulting from their product.
- Dog Bites: If a dog is classified as dangerous under Nevada dog bite laws and attacks someone, the owner may be held fully liable for the attack even if the victim provoked the dog.
Vicarious Liabilty Cases
When an employee is performing official work duties and an accident occurs that is their fault, the employer can be held fully liable for the injuries and damages under vicarious liability laws.
Under this legal principle, any comparative or contributory negligence will generally not apply.
Examples of Comparative Negligence in Nevada
Understanding examples of comparative negligence in Nevada cases is a good way to learn how it may affect your case.
Common examples of comparative negligence in Nevada are:
- Car crash: In a car accident with two parties involved, driver A is seen speeding while driver B fails to yield. A jury decides that while driver A was speeding, driver B was more at fault and declares that driver B is 70% at-fault and driver A is 30% at-fault. Driver B is barred from recovering any settlement, while driver A's settlement is decreased by 30%.
- Motorcycle Accident: A motorcyclist is lane-splitting on a Nevada highway, which is illegal. While lane-splitting, a driver on their phone surves into their lane without signaling and hits them. The insurance companies review the case and determine that both parties are 50% at fault. While under the 51% limit set by Nevada law, both parties will receive compensation; however, it will be reduced by 50%.
How to Avoid Sharing Fault in an Accident
When seeking to receive maximum compensation, it's crucial that you understand how to avoid sharing fault in the accident as it could result in your settlement being reduced or you even losing out on a settlement.
Key ways an accident victim can avoid sharing fault in an accident and obtain total damages include:
- Gather Substantial Evidence: Gather as much picture, video, and paper evidence as such evidence can help support your claims.
- Hire a Seasoned Attorney: Attempting to handle an accident case on your own can be a challenging task, so it's recommended to hire an attorney with experience fighting the insurance company and disputed liability to ensure you'll not share any fault in the accident.
- Avoid Speaking to the Insurance Company Alone: It's highly advised that you DO NOT contact the insurance company without consulting with a lawyer first, as the insurance company will actively work to minimize the value of your claim.
To avoid sharing fault and obtain maximum compensation, contact one of our Las Vegas lawyers today by calling (702) 566-3600 for a free consultation.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
