By Joseph L. Benson II, Esq.
If you’ve been injured in a car accident in Reno, you might be surprised to learn that recovering compensation isn’t always as straightforward as proving the other driver was at fault. Nevada follows a legal principle known as comparative negligence, which means your ability to collect damages may depend on how much blame you share in the crash.
At Benson & Bingham Accident Injury Lawyers, LLC, we’ve represented thousands of car accident victims in Reno and across Nevada, helping them navigate the insurance process, protect their rights, and get the compensation they deserve. A big part of that process involves understanding how comparative negligence works in Nevada, and how it applies to your case.
What Is Comparative Negligence?
In simple terms, comparative negligence is a legal rule used to determine how much each party involved in an accident is responsible for what happened. Rather than assigning all the blame to one driver, the court—or the insurance companies—can divide the fault between everyone involved based on the specific facts of the crash.
Let’s say you were hit by someone who ran a red light, but you were also speeding at the time. In that case, the insurance company or a jury might determine that the other driver was 80% at fault, and you were 20% at fault. If your total damages were $100,000, you would only be eligible to recover $80,000—your award would be reduced by your 20% share of fault.
Nevada’s Modified Comparative Negligence Rule
Nevada follows what’s called a modified comparative negligence rule. Under NRS 41.141, you can recover damages as long as you’re 50% or less at fault. But, if you’re found to be 51% or more responsible for the accident, you’re barred from recovering anything at all.
This rule plays a major role in car accident cases, especially when the facts aren’t cut and dry. Insurance companies use it as a tool to lower their payouts—sometimes unfairly. That’s why it’s so important to have a legal advocate who can thoroughly investigate the accident and fight back when the other side tries to shift more blame onto you than you deserve.
Real-World Example: How Fault Impacts Compensation
Here’s an example we often use with our clients: Imagine you’re rear-ended at a stoplight, but your brake lights weren’t working. The other driver should have been paying attention, but you also weren’t clearly signaling your stop. After investigating, fault is split 60/40—you’re 40% at fault.
In a case like this, if your total damages (medical bills, lost wages, pain and suffering, etc.) add up to $50,000, your compensation would be reduced by 40%. You’d walk away with $30,000 instead of the full amount.
Understanding this formula is critical—not just for setting your expectations, but for making sure you’re not unfairly penalized.
Determining Fault: What Matters in Nevada Car Accidents
Establishing fault is one of the most critical parts of any personal injury claim. In many cases, there’s disagreement about who’s to blame, and to what extent. Here’s what we rely on when assessing and building your case:
Police reports: Officers’ statements and citations can offer an early look at how law enforcement evaluated the incident.
Witness testimony: Independent accounts from people who saw the crash can provide credibility and context.
Photos and video: Dashcam footage, traffic cameras, or even surveillance video from nearby businesses can be powerful evidence.
Accident reconstruction: In complex or high-stakes cases, our law firm works with experts to re-create the conditions of the crash and provide scientific analysis.
Medical records and vehicle damage: These help us connect the dots between how the accident happened and the injuries sustained.
All of this helps us build a strong, evidence-based case on your behalf—one that stands up to scrutiny from insurers or in the courtroom.
How Comparative Negligence Affects Multi-Vehicle Accidents
Comparative negligence becomes even more complex when multiple parties are involved. For example, in a pile-up or chain reaction crash on I-80 or near McCarran Blvd., fault can be split among three or more drivers, and each person’s compensation is calculated relative to their own fault.
If you’re Driver B in a crash where:
- Driver A is 60% at fault
- Driver B (you) are 20% at fault
- Driver C is 20% at fault
You can recover from both A and C, but they may also be pointing fingers at each other—and at you. Having an attorney experienced in multi-party comparative negligence cases is crucial in these instances, because it involves multiple insurance companies, conflicting statements, and often aggressive blame-shifting.
Insurance Companies and the Blame Game
Make no mistake: Insurance companies are businesses. Their goal is to minimize how much they have to pay out. That often means they’ll look for any reason to assign a higher percentage of fault to you—even if the facts don’t justify it.
We regularly see adjusters use statements made at the scene or during early calls as leverage to assign blame. Something as simple as “I didn’t see them coming” can potentially be used against you later. That’s why we always advise accident victims to speak with a lawyer before talking to the other driver’s insurance company.
At Benson & Bingham Injury Law, our job is to level the playing field. We handle the communication, gather the facts, and push back on lowball offers that don’t reflect the full value of your injuries and damages.
What Happens If Comparative Fault Is Disputed?
When fault is disputed and the case heads toward litigation, a jury decides each party’s percentage of fault. But Nevada is a “pure several liability” state, meaning each defendant is only financially responsible for their percentage of fault—not the entire judgment.
So, if a jury awards $100,000 in damages and:
- Driver A is 60% at fault
- Driver B is 40% at fault
You can only collect $60,000 from Driver A. If Driver A is underinsured or disappears, you can’t collect Driver B’s share, even if they’re on the hook for 40%. This makes uninsured/underinsured motorist coverage (UM/UIM) incredibly valuable in Nevada—and it’s something most people don’t think about until it’s too late.
Why Legal Experience Matters
Navigating a car accident claim in Reno is not just about dealing with important paperwork. It’s about understanding Nevada law, dealing with tough insurance adjusters, and knowing what your case is really worth.
At Benson & Bingham, we’ve built our firm around helping Nevadans recover from life-changing injuries. We don’t just work in this state—we live here, raise our families here, and take pride in helping our local community.
When you hire us, you’re not just getting legal representation. You’re getting a team who will stand up for you, fight for the full value of your claim, and treat you with the respect and compassion you deserve.
If you or someone you know has been injured in a car accident in Reno, please contact our law firm today at 775-600-6000 or visit www.bensonbingham.com/reno/car-accident-lawyer. We offer free consultations and only get paid if we win your case. Let’s talk about how we can help.