What is Contributory Fault?

Contributory fault is a legal principle that reduces your compensation when you share responsibility for the accident that caused your injuries. In Nevada, you can still recover damages even if you’re partially at fault, as long as your share of blame doesn’t exceed 50%. If you’re found 51% or more at fault, however, you receive no compensation at all.

Understanding contributory fault is crucial because insurance companies routinely use this principle to minimize what they pay you. They’ll argue you were speeding, distracted, or failed to follow safety rules to shift blame and reduce their payouts. The difference between being assigned 40% fault versus 60% fault can mean the difference between receiving substantial compensation and walking away with nothing.

This article explains how Nevada’s contributory fault system works, common scenarios where you might be blamed, and proven strategies to protect your claim when insurance companies try to unfairly assign fault to you.

What Is Contributory Fault in Personal Injury Law?

Contributory fault is a legal principle that reduces your compensation when you share responsibility for an accident or injury. This means if you’re 20% at fault for your car accident, your $100,000 settlement becomes $80,000.

Two main concepts make up the idea: “negligence,” which means not using reasonable care, and “fault,” which means being legally responsible for causing harm. In Nevada, contributory fault applies to all personal injury cases, such as car accidents, slip and falls, product injuries, medical malpractice, and wrongful death claims.

Being partially at fault doesn’t eliminate your right to compensation, but it directly impacts how much you can recover. Understanding this principle is crucial because insurance companies will use it to reduce what they pay you.

Contributory Fault vs Modified Comparative Negligence

These terms are often confused, but they represent very different legal rules that dramatically affect your ability to recover damages. The difference can mean receiving compensation or walking away with nothing.

States like Alabama, Maryland, North Carolina, Virginia, and Washington, D.C., that follow contributory negligence adhere to a harsh all-or-nothing rule. In some states with strict contributory negligence laws, being found even slightly at fault for an accident can bar you from receiving any compensation.

Nevada uses a fairer system called modified comparative negligence with a 51% bar. This allows you to recover damages even when you’re partially to blame, as long as you’re not more than 50% at fault.

The 51% bar protects accident victims while preventing those primarily responsible from recovering damages from others.

How Shared Fault Works In Nevada

In Nevada, when more than one party is responsible for an accident, the law recognizes that fault can be shared, and compensation is adjusted accordingly.

This means that your financial recovery depends on the percentage of fault assigned to you compared to other parties involved. Understanding how shared fault operates is essential to protect your rights and maximize your compensation.

Nevada’s 51 Percent Bar Rule

Nevada’s law is clear: you can recover damages only if your fault doesn’t exceed 50%. If you are found to be equally at fault with the other party, your ability to recover damages may be impacted, and being found primarily at fault can prevent you from receiving compensation.

This rule ensures fairness by preventing primarily responsible parties from seeking compensation from those less at fault. In a $200,000 motorcycle accident case, being 40% at fault means recovering $120,000. Being 51% at fault means recovering $0.

Every percentage point matters when you’re near the 50% threshold. That’s why having an experienced attorney fight to minimize your assigned fault percentage is crucial to your financial recovery.

Example Settlements With Shared Fault

Here are realistic examples showing how contributory fault affects actual case outcomes:

Car Accident Example: 

You’re rear-ended while texting at a red light. The total damages in this scenario are assumed for illustrative purposes. Your fault: You are assigned partial responsibility due to distracted driving. Your recovery: $42,500.

Slip and Fall Example: 

You slip on a wet grocery store floor without any warning signs because you were looking at your phone. Total damages: a significant amount. You may be considered partially at fault for not watching where you walked. Your recovery: $52,500.

Motorcycle Crash Example: 

A driver turns left in front of you, but you were speeding 10 mph over the limit. Total damages in this scenario would be significant. You were found partially at fault due to excessive speed. Your compensation would be reduced based on your percentage of fault.

Who Decides Fault And Who Must Prove It?

Initially, insurance adjusters assign fault percentages, but these aren’t final decisions. If your case goes to trial, a jury determines the exact percentages after hearing all the evidence.

The defendant must prove their contributory fault; it is not automatically assumed. This burden of proof keeps you from being blamed without good reason.

Evidence used to determine fault includes:

• Police reports: Official documentation of the scene and circumstances
• Witness statements: Accounts from people who saw the accident happen
• Traffic cameras: Video footage showing what actually occurred
• Accident reconstruction: Expert analysis of how the crash happened
• Phone records: Evidence of distracted driving or impairment
• Medical records: Documentation linking injuries to the accident

Having an attorney matters because we know how insurance companies inflate victim fault to reduce payouts.

How Insurers Use Contributory Fault Against You

Insurance companies systematically exaggerate your fault to reduce their payouts. As former insurance defense attorneys, we know their playbook because we used to execute these strategies.

They’ll say you were speeding based only on the damage to your car, or they’ll say your injuries show you weren’t wearing your seatbelt properly, or they’ll tell you that you were partly to blame because you chose to drive in bad weather. Their goal isn’t to find the truth; it’s to pay you less.

Common insurer tactics include:

• Requesting recorded statements: Using leading questions to trap you into admissions
• Hiring biased experts: Accident reconstructionists who favor their narrative
• Misrepresenting witness statements: Twisting accounts to inflate your fault
• Social media surveillance: Using your posts against you in settlement negotiations

They’re not seeking fairness. They’re protecting their profits at your expense.

Steps To Protect Your Claim If Blamed

If you find yourself being blamed for an accident, it’s essential to take proactive steps to protect your right to fair compensation. Following these key actions can help minimize your percentage of fault and strengthen your personal injury claim.

• Avoid admitting fault at the accident scene. Even casual apologies or statements can be used against you later.
• Document the accident scene thoroughly. Take photos, gather witness contact information, and record details while they are fresh.
• Limit discussions about the accident. Only share information with the police and your personal injury lawyer, avoiding conversations with insurance adjusters or other parties.
• Seek medical attention promptly. Get evaluated even if you feel fine to ensure your injuries are properly documented.
• Keep detailed records of all medical treatments and expenses. This helps establish the full extent of your damages.
• Contact an experienced personal injury lawyer. A skilled attorney can handle communications with insurance companies, protect your rights, and help maximize your compensation.

Does This Apply To Workers’ Compensation?

Nevada’s workers’ compensation system is different because it is a no-fault system. You don’t have to show that your employer caused your injury, and your own carelessness usually doesn’t stop you from getting better.

Your contributory fault doesn’t affect workers’ comp benefits except in extreme circumstances like intentional self-harm or being intoxicated at work. Standard workplace accidents are covered regardless of whether you made a mistake.

This is why workplace injuries often involve separate workers’ comp claims and third-party personal injury claims against equipment manufacturers or other drivers who contributed to your injury.

Are You Being Blamed for an Accident? Speak with a Personal Injury Attorney

If you find yourself unfairly blamed for an accident, it’s natural to feel overwhelmed and uncertain about your next steps. Don’t let insurance companies or opposing parties diminish your rightful compensation by exaggerating your fault.

At Ladah Injury & Car Accident Lawyers Las Vegas, our skilled personal injury attorneys understand Nevada’s contributory fault law inside and out. They are  ready to advocate fiercely on your behalf. 

Contact us for a free consultation and start your journey toward the compensation you deserve. By partnering with us, you gain a dedicated ally who will fight to minimize your percentage of fault and maximize your financial recovery.

Frequently Asked Questions

Is Nevada a contributory negligence state?

No, Nevada uses modified comparative negligence with a 51% bar. You can recover damages if you’re 50% or less at fault, but nothing if you’re 51% or more at fault.

What happens if I am exactly 50% at fault in Nevada?

At precisely 50% fault, you can still recover half your damages. If you are found to be 50% at fault, your compensation would be reduced by half according to Nevada car accident laws.

Can I recover compensation if multiple parties are at fault?

Yes, Nevada law allows recovery based on your percentage of fault compared to other parties involved.

What is the difference between contributory fault and comparative negligence?

Contributory fault can bar any compensation if you share any fault, while comparative negligence reduces compensation proportionally to your fault.

Does not wearing a seatbelt affect my compensation?

Yes, failing to wear a seatbelt can be considered contributory negligence and may reduce your compensation if it worsens your injuries.

Who decides the percentage of fault in an accident?

A jury or judge determines fault percentages based on evidence presented during a trial.

What should I do if the insurance company blames me for the accident?

Avoid admitting fault, document the scene, limit discussions to your lawyer and police, and seek legal advice immediately.

Can I recover compensation for financial losses caused by the accident?

Yes, you can recover compensation for financial losses, medical expenses, property damage, and pain and suffering, adjusted by your percentage of fault.

Is contributory fault an affirmative defense?

Yes, contributory fault is an affirmative defense, meaning the defendant must prove their share of fault.

Does contributory fault apply to workers’ compensation claims?

Typically, no, because workers’ compensation is a no-fault system, but exceptions exist in cases of intentional harm or intoxication at work.

Contributory Fault: Final Strategies to Protect Your Personal Injury Compensation

Understanding what contributory fault is and how it affects your personal injury claim is essential to protecting your right to fair compensation.

Nevada’s modified comparative negligence standard, with its 51% bar, offers a balanced approach, allowing injured persons to recover damages even if they share some fault, as long as they are not primarily responsible. However, insurance companies often use contributory fault to reduce payouts, so it’s vital to take steps to protect your claim and work with an experienced personal injury lawyer.

If you’ve been blamed for an accident or want to understand your rights better, don’t hesitate to schedule a free consultation with a qualified attorney who can help you navigate the complexities and fight for the compensation you deserve.