Comparative Negligence in Nevada
Being partly to blame does not end a claim in Nevada, but there is a point at which it does. Here is where that line sits, and what happens when several people share the blame.
The short answer
Nevada reduces your recovery by your own share of the blame, and bars it only where your share is greater than the combined share of the people you are claiming against. At exactly 50 per cent you still recover, reduced by half.
The rule in one sentence
Your recovery is reduced by your own percentage of fault, and you recover nothing only where your fault is greater than the combined fault of the people you are claiming against.
This is often called modified comparative negligence. It sits between two extremes: states where any fault at all ends a claim, and states where even someone mostly to blame can still recover something.
How it works in numbers
Take losses of $100,000.
- You were 20 per cent at fault. The recovery is reduced by 20 per cent, to $80,000.
- You were exactly 50 per cent at fault. Your fault is not greater than the other side's, so you still recover, reduced by half, to $50,000.
- You were 60 per cent at fault, against one other driver at 40 per cent. Your share is greater than theirs, so the claim is barred.
These illustrate the rule; they are not predictions. Real cases rarely come with agreed percentages, and losses are rarely a round number.
When there is more than one defendant
Where you are claiming against more than one party, their shares are added together for the comparison. If you were 40 per cent at fault and two other drivers were 35 and 25 per cent, their combined 60 per cent is greater than your 40, so you are not barred.
Each defendant usually pays only its own share
Nevada generally makes each defendant liable only for its own percentage of the judgment. In the example above, the driver at 25 per cent pays 25 per cent of the damages, not the whole amount.
The practical consequence is uncomfortable: if one at-fault party has no insurance and no money, their share usually goes unpaid, and the others do not have to cover it.
There are exceptions where joint liability survives: strict liability, intentional wrongdoing, releases of toxic or hazardous substances, people acting in concert, and injuries from a product manufactured, distributed, sold or used in Nevada.
Who decides the percentages
In most claims, the insurers do, in negotiation. Only if a case goes to trial does a judge or jury fix them. Either way the percentages come from evidence, which is why early photographs, witness details and a careful account of what happened matter so much.
Be careful what you concede early
People often apologise or accept blame at the scene out of shock or politeness. Where a few percentage points can move a claim from reduced to barred, it is better to describe what happened factually and leave conclusions about fault until the evidence is in.
At a glance
Each row links to the law it comes from. Deadlines depend on your specific circumstances.
| Situation | Deadline | What it means |
|---|---|---|
| Comparative negligence NRS 41.141(1), (2)(a) | Barred above 50% | A claim is barred only where the injured person's own negligence was greater than the negligence of the parties they are claiming against, taken together. Someone exactly 50 per cent at fault still recovers, reduced by that share. Where there is more than one defendant, their shares are added together for this comparison. |
| Several liability NRS 41.141(4), (5) | Each defendant pays its own share | Each defendant is severally liable only for the portion of the judgment representing its own percentage of negligence. Joint liability survives for strict liability, intentional torts, toxic or hazardous substance releases, concerted acts, and injuries from a product manufactured, distributed, sold or used in Nevada. The practical consequence is that a defendant who cannot pay leaves its share unrecovered. |
Deadlines depend on the specific facts of your situation and there are exceptions to every rule listed here. This is general information, not legal advice about your case.
Questions people ask
Possibly. The test is whether your share is greater than the other side's combined share, and early impressions of fault are often wrong once the evidence is examined. It is worth understanding the facts before deciding.
Usually not from another defendant, because Nevada generally limits each defendant to its own share. Your own uninsured motorist coverage, if you have it, may be the place to look. See our insurance guide.
You still recover, reduced by half. The bar applies only where your fault is greater than the other side's.
Not sure how this applies to you?
Answer a few questions about what happened and see the guidance that matches your situation.
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Sources
Every statement on this page traces to one of the following. Where a source is not the issuing body itself, that is noted.
- NRS 41.141(1), (2)(a). Justia (Nevada Revised Statutes) Secondary source Checked 14 September 2026.
- NRS 41.141(4), (5). Justia (Nevada Revised Statutes) Secondary source Checked 14 September 2026.
- Turner v. Mandalay Sports Entertainment, 124 Nev. 213, 180 P.3d 1172 (2008). CourtListener Primary source Checked 14 September 2026.
Some statutory text above was read from an established legal database rather than the Nevada Legislature's own site, because that page could not be retrieved in full. The wording was cross-checked across multiple independent databases. If you are relying on the exact text, read it on the Legislature's official site.