If you caused a car accident, you may face financial liability for the other party’s injuries and property damage. Nevada is an at-fault state, so the driver responsible for the crash must cover the losses. Even if you believe you are at fault, the full picture may be more complicated than you think.
How Does Nevada’s At-Fault Insurance Work?
Because Nevada is not a no-fault state, the at-fault driver’s liability insurance pays for the other party’s damages. Several driving behaviors can lead to a fault determination:
- Speeding or driving too fast for road conditions
- Running a red light or stop sign
- Distracted driving, including texting
- Following too closely
- Failing to yield the right of way
- Driving under the influence of alcohol or drugs
How Does Comparative Negligence Work in Nevada?
Nevada uses a comparative negligence system. This means that if the other driver shares some of the blame for the car accident, their compensation is reduced by their percentage of fault. If the other driver is found to be 51% at fault, they cannot recover damages from you at all. In that situation, you might be able to recover partially from them.
How Is Fault Determined in Nevada?
Insurance adjusters and, in some cases, a judge or jury in the Eighth Judicial District Court will review several types of evidence to assign fault. Adjusters and courts look at the full body of available information to conclude who caused the accident and to what degree:
- Police reports filed by the Las Vegas Metropolitan Police Department
- Photos and video from the scene or nearby traffic cameras
- Witness statements
- Cell phone records
- Vehicle damage patterns
- Medical records
Proving Fault in a Nevada Car Accident
The injured party must prove four elements to hold you liable for their damages. Each element must be supported by evidence:
- You owed a duty of care to the other driver
- You breached that duty through a negligent act or omission
- Your breach directly caused the accident
- The other party suffered actual damages as a result
Conduct alone is not enough to create liability. If an accident caused no measurable harm, there is nothing for a court to compensate, and no valid claim to pursue.
Damages You May Have to Pay for if You’re at Fault
If you are found liable, the injured party can seek compensation for a range of losses. Depending on the nature and severity of the injuries involved, recoverable damages may include:
- Medical bills and future medical treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
What Happens if You Are at Fault in a Car Accident and You Are Injured?
Even if you caused the accident, you may still have options for covering your own medical bills and vehicle repairs. Optional auto coverage, such as collision or medical payments (MedPay), and your health insurance can help pay for your losses, regardless of who is at fault. Nevada does not require drivers to carry MedPay, but adding it to your policy can cover immediate medical expenses after a crash, regardless of who caused it. Reviewing your own coverage is an important first step after any crash.
What Should You Do After a Collision You Believe Is Your Fault?
The steps you take immediately after an accident matter, even if you think you caused it. Protecting yourself starts at the scene:
- Call 911 and report the accident
- Check on all parties for injuries
- Exchange insurance and contact information
- Take photos of the vehicles, road, and surroundings
- Do not admit fault to anyone at the scene
- Avoid discussing your accident on social media
- Contact your insurance company promptly
- Contact a car accident lawyer immediately
Facing a Fault Claim After a Las Vegas Car Accident?
Are you facing a claim after an accident and unsure how to respond? Acting quickly helps preserve your options and protects you from accepting more liability than you deserve.
Since 2005, our team at Hanratty Law Group has helped Las Vegas drivers sort through the legal and insurance questions that follow a collision, including cases where fault is disputed or shared. Call 702-821-1379 or reach out online to schedule a free consultation with our Las Vegas car accident lawyers today.
We serve all areas in Las Vegas, Summerlin, and throughout Nevada.
Hanratty Law Group
1815 Village Center Cir #140
Las Vegas, NV 89134
Hours: 24/7
Phone: (725) 223-0279
