Understanding Nevada Comparative Negligence Laws (2026)

What Is Nevada's Comparative Negligence Law?

Nevada comparative negligence laws allow you to still recover losses if you were partly responsible for the accident that caused your injuries. The state follows modified comparative negligence.

How Does Nevada's 51% Bar Rule Work?

Nevada has a 51% bar rule. This means you can be up to 50% to blame for your injuries and still recover losses. If you surpass that percentage, however, you will be barred from receiving compensation.

How Comparative Negligence Affects Your Compensation

Even if you are allowed to recover your losses, the percentage of liability you hold will impact how much you actually receive. Your winnings will be reduced by that amount. An example would be if you were in a car accident and awarded $10,000 in damages. If you were assigned 20% of the fault, you would only receive $8,000.

Who Determines Fault in Nevada Accident Cases?

In Nevada, insurance companies, law enforcement, and, if the case goes to trial, the court, determine who is at fault in an accident. They will look at a variety of evidence, from photos to witness statements, to assign liability.

Having a Nevada personal injury lawyer by your side gives you a better chance to present a strong case so that you can avoid being assigned an unfair percentage of fault.

Types of Comparative Negligence Laws Across States

Throughout the United States, the most common form of comparative negligence is that which allows parties to be up to 49% to blame and still recover losses. This is the 50% bar rule.

Just as in Nevada, there are other states that follow modified comparative negligence, but they have a 51% bar rule. Michigan, Texas and Wisconsin are among those states.

Some states follow pure comparative negligence laws. States such as California and New York allow you to recover losses even if you were 99% to blame for the accident. Your winnings will still be reduced by your percentage of fault, however.

Common Examples of Shared Fault in Accidents

An example of shared fault in an accident could involve one vehicle speeding while another runs a red light. Both of the drivers are partly at fault for the crash, because the speeding vehicle might have been able to prevent the collision if they had been driving at the speed limit, and the other party was at fault for running the red light.

Parking lot accidents in which both drivers fail to check behind them as they back out of their parking spots are also common. There could even be chain reaction accidents that involve numerous parties, requiring a careful investigation to assign the right amount of liability to each.

Beyond motor vehicle accidents, you could be partly responsible for a slip and fall accident. If you were distracted looking down at your phone and didn’t see items cluttering the middle of the aisle of a department store, you could be partly responsible. The property owner could also be liable because they didn’t maintain safe premises.

When Comparative Negligence Doesn't Apply

Nevada comparative negligence laws don’t apply when it comes to intentional acts, like assault or battery. These laws may also not apply in product liability cases or in anything involving the leaking of toxic substances. Additionally, if two people acted in concert to hurt the victim, comparative negligence doesn’t apply.

How to Prove Fault and Build Your Case

In most cases, you will need to demonstrate that the other party was negligent. This will mean proving that they owed you a duty of care and failed to live up to it. You then have to establish that their misconduct directly caused your injuries.

To accomplish all of this, you need assistance from experienced attorneys. They will know what evidence can make a significant difference. It’s very helpful to start gathering evidence right at the scene of the accident, but with an attorney, you also have access to expert witnesses like accident reconstructionists and medical professionals.

Get Legal Help With Your Nevada Comparative Negligence Case

If you have been in any kind of accident and are worried about being partially blamed for your losses, it’s important to hire an attorney as quickly as you can. With assistance, you can demonstrate that the other party is responsible for your losses.

At ConsumerShield, we can connect you with local lawyers who can take on even the most complex cases. Contact us to learn more about how we can help.