Las Vegas car accidents happen every day, from busy intersections on the Strip to crowded freeways like I-15 and the 215 Beltway. When they do, one of the first questions drivers ask is: who’s at fault?
Understanding how fault is determined under Nevada law is crucial for protecting your rights, proving liability, and pursuing fair compensation.
Here’s what you need to know about determining fault in a Las Vegas car accident.
Nevada Is a Fault-Based State
Nevada follows a fault-based system (also known as a “tort” system). This means the driver or party who caused the accident is financially responsible for the resulting damages, including medical bills, lost wages, property damage, and pain and suffering.
In most cases, that responsibility is handled through the at-fault driver’s insurance company, though lawsuits may follow if coverage is insufficient or fault is disputed.
If you were hurt in a crash, it’s important to take steps to protect your claim. You can review those steps in our guide:
What to Do After a Car Accident in Las Vegas →
Comparative Negligence in Nevada
Nevada also follows a comparative negligence rule (NRS 41.141), which means that more than one party can share responsibility for a crash.
Here’s how it works:
If you are less than 51% at fault, you can still recover damages.
Your total compensation will be reduced by your percentage of fault.
If you are 51% or more at fault, you cannot recover compensation.
Example:
If your damages total $100,000 but you were found 20% at fault, you could still recover $80,000.
Because fault affects how much you can recover, insurers often try to assign blame unfairly, which is why having a knowledgeable attorney matters.
How Fault Is Determined After a Car Accident
Determining fault involves collecting and analyzing evidence from the crash. The following factors are commonly used:
Police Reports: Officers often note violations, witness statements, and diagram details that help establish liability.
Traffic Laws: Fault may be clear if a driver violated a traffic law — such as running a red light, speeding, or failing to yield.
Eyewitness Accounts: Independent witnesses can help confirm what happened.
Video Footage: Dash cams, surveillance, or intersection cameras can show critical moments before the impact.
Vehicle Damage: The location and type of damage often indicate how the collision occurred.
Expert Analysis: Accident reconstruction experts can clarify disputed or complex crash scenarios.
Common Scenarios of Fault in Las Vegas Car Accidents
While every case is unique, here are some common examples of fault in local collisions:
Rear-end crashes: usually the trailing driver is at fault.
Left-turn accidents: the turning driver is typically responsible.
Distracted driving: texting, eating, or adjusting GPS contributes to many crashes.
Impaired driving: DUI-related collisions carry serious legal consequences.
Unsafe lane changes or speeding on I-15 or I-215.
In multi-vehicle or chain-reaction accidents, fault may be divided among several drivers — making thorough investigation essential.
Why Fault Matters
Fault determines who pays and how much. If you’re wrongly blamed or undervalued by insurers, your ability to recover full compensation can be at risk.
Working with Jerez Law, an experienced Las Vegas car accident attorney ensures that evidence is preserved, liability is proven, and your side of the story is heard.
Speak With a Las Vegas Car Accident Attorney
If you were injured in a car accident in Las Vegas, you don’t have to navigate fault disputes or insurance challenges on your own.
At Jerez Law, we investigate every detail to determine who’s responsible and fight for the compensation you deserve.
