Can You Sue for a Car Accident if You Were Partially at Fault?

• June 30 2025
• |   Car Accidents

Yes, in the state of Nevada, you can still sue for a car accident even if you were partially at fault. The key is how much of the blame you share. Nevada law follows a legal principle that allows individuals to seek compensation as long as their level of fault does not exceed the fault of the other parties involved.

A car wreck is challenging enough without the added stress of worrying that a minor mistake on your part could prevent you from getting the support you need. The reality is that many accidents, from a fender bender at the Meadowood Mall parking lot to a more serious crash on the I-580, involve some degree of shared fault.

Understanding Nevada’s Comparative Negligence Rule

The legal standard that governs these situations in Nevada is called “modified comparative negligence.” It is sometimes referred to as the 51% bar rule. This rule directly impacts whether you can recover financial compensation and how much you might receive.

Here is how the rule generally works:

• You may be able to recover damages if you are found to be 50% or less at fault for the accident.
• Your potential settlement or award will be reduced by your percentage of fault. For instance, if you are 20% at fault, your total compensation would be reduced by 20%.
• If you are determined to be 51% or more responsible for the crash, you are barred from recovering any damages from the other party.

This system is designed to provide a path to recovery for those who are mostly, but not entirely, blameless in an incident.

How Is Fault Determined After a Wreck?

Determining the percentage of fault is a critical and often contentious part of the process. Insurance companies and, if necessary, the legal system will investigate the crash to assign responsibility. They do not just take one person’s word over another; they rely on objective evidence.

Several types of evidence are used to paint a clear picture of how the accident happened:

• The official police report filed at the scene.
• Statements from any third-party witnesses.
• Photographs and videos of the accident scene, vehicle damage, and any visible injuries.
• Footage from nearby traffic cameras or private security cameras.
• An analysis of vehicle damage and debris fields by an accident reconstructionist.

Gathering and correctly interpreting this evidence is fundamental to building a strong case for your side of the story.

The Insurance Company’s Role in Shared Fault Accidents

When an insurance company knows that shared fault is a possibility, its approach often changes. The other driver’s insurance adjuster has a primary goal: to pay out as little as possible. One of the most effective ways for them to do this is by shifting more of the blame onto you. Even a small increase in your assigned percentage of fault can save them a significant amount of money.

Be aware of some common tactics that may be used:

• They might call you soon after the accident and ask leading questions designed to get you to admit some level of fault.
• They may try to use a friendly, helpful tone to build rapport while taking your statements out of context.
• They could offer a quick, low settlement before you know the full extent of your injuries, hoping you will accept it and close the case.

These strategies are why it is so important to be cautious in your communications with the at-fault driver’s insurance provider.

What Compensation Can You Seek in a Partial Fault Case?

Even if you are found partially responsible, you can still seek compensation for the full range of your losses. The final amount is simply reduced by your percentage of fault. This means it is vital to account for all the ways the accident has impacted your life, both financially and personally.

You may be able to recover damages for a variety of losses, including:

• All related medical bills, from the initial emergency room visit to ongoing physical therapy.
• Lost income from being unable to work during your recovery.
• The cost of repairing or replacing your vehicle.
• Pain, suffering, and emotional distress caused by the accident and your injuries.

For example, if your total damages amount to $50,000 and you are found 10% at fault, you could be eligible to receive $45,000.

Actions to Take When Fault is Disputed

After you are home and have received initial medical care, the actions you take can help protect your ability to pursue fair compensation. The time following an accident is often confusing, but staying organized can make a significant difference.

Consider taking these steps to stay prepared:

• Keep all paperwork related to the accident in one place, including medical records, bills, repair estimates, and any letters from insurance companies.
• Start a journal to document your daily pain levels, physical limitations, and any activities you can no longer do.
• Follow your doctor’s treatment plan precisely, as failing to do so can be used by an insurer to argue your injuries are not as severe as you claim.

Careful documentation provides a foundation of evidence that can counteract an insurer’s attempts to place unfair blame on you.

FAQ for Suing for a Car Accident if You Were Partially at Fault

Here are answers to some common questions that arise when dealing with a shared fault car accident.

What if the other driver and I disagree on who was at fault?

Disagreements are very common. Fault is ultimately determined not by the drivers’ opinions but by the evidence. This is why police reports, witness accounts, and physical evidence are so crucial. If an agreement cannot be reached between insurance companies, the matter may proceed to litigation, where a court will decide.

Does Nevada’s comparative fault rule apply if I was a passenger?

Generally, a passenger is not at fault for a car accident unless they did something to actively cause it, like grabbing the steering wheel. As a passenger, you can typically file a claim against the insurance policies of one or all of the at-fault drivers involved.

How long do I have to file a car accident lawsuit in Nevada?

In Nevada, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. It is important to be aware of this deadline, as waiting too long can prevent you from being able to take legal action.

Let Us Help You Find Your Path Forward After an Accident

Dealing with a car accident is never simple, especially when you are facing questions about partial fault. Nevada’s comparative negligence law is complex and the tactics insurance companies use can feel overpowering. You do not have to handle this complicated process by yourself.

If you were injured in a collision and are concerned about how shared fault could impact your case, the team at Leverty & Associates Law is here to help. We have a deep understanding of how insurance companies operate and are committed to helping our clients navigate these difficult situations. For a free consultation to discuss your case, please call our Reno car accident lawyers at (775) 322-6636 or through our online form for a free case consultation.