How Nevada’s Comparative Fault Rule Works in a Single-Vehicle Rollover on I-15
In a single-car accident, say you were driving down Interstate 15 when your tire blew out, and you rolled over the highway shoulder. There may be more than one cause of the accident, and fault may not be placed entirely on you.
Say, for example, that there’s evidence that you were speeding when the tire let go and that you overcorrected when it happened and that the shoulder of the road was covered in soft dirt. All of those factors can affect who’s at fault.
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Under Nevada’s comparative fault rule (NRS 41.141), your compensation will be reduced by your percentage of fault. For example, if you were in a two-car accident and found 50 percent at fault, your compensation would be cut in half.
You can only be barred from recovering compensation if you’re more than 50 percent at fault—for example, 51 percent. Knowing the recovery threshold is only useful once you also know what drivers must do immediately after the rollover.
What Drivers Must Do Immediately After
After a rollover accident, the driver should stop, render reasonable assistance to anyone injured, and exchange names, addresses, and vehicle registration numbers. If the accident occurs when no police officer is present, the driver should report the accident to the police or the Nevada Highway Patrol.
Failure to do so violates NRS 484E.030. Build a record of what happened, which can help determine fault later, before the filing deadline runs out.
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When the Filing Deadline Actually Runs Out
Also, keep the statute of limitations in mind if you plan to file a personal injury lawsuit after your accident. Under NRS 11.190(4)(e), you generally have two years from the date you sustain an injury from someone else’s wrongful act or neglect to file a personal injury lawsuit.
This deadline runs from the date of the accident, not when you complete medical treatment or begin settlement negotiations with the at-fault party’s insurance company.
When Mixed Fault Appears in the Reconstruction File
If you’ve been injured in a rollover car accident or other type of single-car accident in Las Vegas, it’s important to understand that fault isn’t necessarily going to be placed 100 percent on you. There may be multiple factors that contributed to your accident, such as:
- Your driving speed
- The condition of the road (including the shoulder)
- A defective part of your vehicle, such as a tire
If you have questions about how these factors might affect who’s at fault for a single-car accident on I-15 or elsewhere in Clark County, a Las Vegas rollover car accident lawyer might be able to help. They might be able to assist you in piecing together what happened and understanding how fault may be apportioned among the factors that likely contributed to your accident.
The Bottom Line
Seeking legal guidance soon after an accident helps you track reporting obligations and important deadlines—including Nevada’s two-year limit to file a claim—while vehicle and scene evidence are still available.
Early attention to those details helps keep the focus on recovery percentages rather than on lost records or missed steps.
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