Nevada Negligence Laws
You were just changing lanes on I-80 and then bang, a speeding car in the lane next to you hits your truck. Who is at fault for the accident? Are they liable for your injuries and damage to your vehicle? And if you file a lawsuit, how does the claim work?
Here is a brief overview of negligence laws in Nevada.
General Negligence Law
There are several elements of a negligence case you must prove in court in order for your negligence claim to be successful:
- Duty: the other party owed you a duty of care;
- Breach of Duty: the other party failed to meet that duty;
- Cause in Fact: but for the other party's failure, you would not have been injured;
- Proximate Cause: the other party's failure (and not something else) caused your injury; and
- Damages: you have actually been injured and suffered some loss.
Negligence Laws in Nevada
State negligence laws vary significantly based on the civil justice system in that jurisdiction. The basics of negligence laws in Nevada are listed below.
|Code Section||§ 41.141 et seq. of the Nevada Revised Statutes|
|Modified Comparative Negligence||When the claimant's negligence is greater than the defendant's, no recovery, otherwise proportionate to the fault|
|Contributory Negligence --Limit to Plaintiff's Recovery||-|
|Contribution Among Tortfeasors||Yes, but only if the tortfeasor paid more than their share of the fault. Intentional torts bar the right to contribution|
|Uniform Act||§§ 17.225 to 17.305|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Contributory Negligence: A Limit on a Plaintiff's Recovery
A negligence claim is a legal way of assigning blame for injuries resulting from an accident. If one person has a duty of care to another and failed in fulfilling that duty, they might be liable for any injuries that result that are reasonably related to their lack of care. From the example above, the other driver owed a duty of care to drive safely and failed, or “breached," that duty by speeding. Therefore, they may be liable for a negligence claim.
Nevada law, however, employs a doctrine known as “modified comparative negligence." This means that liability will be spread proportionately according to a fault. However, if your negligence, as the claimant, is greater than the defendant's, then you are not entitled to recover any damages.
For example, let's say you were more than half to blame for an auto accident. Generally speaking, if you were more than 51% negligent in the accident, you may not be eligible to recover damages. As you can see, this is a very subtle, complex part of Nevada law.
Negligence Laws: Related Resources
Negligence law is complicated, and Nevada's laws can be harsh. You can visit FindLaw's section on Negligence for more resources and information on this topic.
Talk to an Attorney Before Filing a Nevada Negligence Claim
Nevada has numerous consumer tort, workplace liability, and personal injury laws. Finding a local Nevada attorney who understands Nevada's modified comparative negligence and tortfeasor contribution rules can make all the difference. If you're dealing with a personal injury matter that merits compensation, it's in your best interests to contact a Nevada injury attorney near you.
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