Many injury victims hesitate to pursue legal action because they think being partly at fault means they can’t win. But in many states, including Nevada and California, the law recognizes that accidents are often complex—and more than one party may share responsibility. At Mahna Law, we help clients understand their rights even in situations where fault is shared. This article will explain how comparative fault works and how you can still recover compensation after an accident.
Understanding Comparative Negligence
What is comparative negligence?
Comparative negligence is a legal principle that allows injured parties to recover compensation even if they were partially responsible for the accident. Your total compensation may be reduced by the percentage of fault attributed to you, but you are not barred from recovery unless you were mostly at fault. This is known as a “modified comparative fault” system.
How does it work in practice?
Let’s say you were injured in a car accident and the court finds you 20% at fault, while the other driver is 80% at fault. If your damages amount to $100,000, you would still be entitled to recover $80,000. At Mahna Law, we work to limit the percentage of fault assigned to you, maximizing the compensation you can receive.
Proving Fault and Building a Strong Case
Can fault be challenged?
Absolutely. Insurance companies often try to shift more blame onto the victim to reduce payouts. Our job is to push back. We gather evidence, consult experts, and reconstruct the events to challenge unfair fault allocations. Even if police reports or insurance adjusters claim you were partially responsible, you may still have a strong case.
What kind of evidence helps?
Photographs, witness statements, traffic camera footage, and expert testimony can all play a role in proving your side of the story. At Mahna Law, we conduct a thorough investigation to find the truth—and present it in a way that insurance companies can’t ignore.
Common Scenarios Involving Shared Fault
What if I wasn’t wearing a seatbelt?
Failure to wear a seatbelt may be used to reduce your compensation, but it doesn’t eliminate your right to file a claim. Courts may attribute a percentage of fault for the extent of your injuries, but the person who caused the crash is still primarily responsible.
What if I was speeding but the other driver ran a red light?
This is a classic example of shared fault. You may be found partially responsible for the crash, but the red-light runner still holds the majority of blame. Mahna Law will evaluate the full context and fight to make sure you aren’t unfairly penalized for minor infractions.
Why Legal Representation Matters More Than Ever
Can a lawyer really make a difference?
Yes—especially in shared fault cases. These claims are more complex and require detailed argumentation, negotiation, and evidence handling. Insurance companies will try to take advantage of legal gray areas. We make sure they don’t. With Mahna Law, you have aggressive, strategic advocacy on your side from day one.
What if I’m unsure about who’s at fault?
You don’t have to have all the answers—that’s our job. During your free consultation, we’ll go over the details of your case and explain where liability might lie. We’ll be honest about your chances and lay out a clear strategy forward.
Conclusion
Being partly at fault doesn’t disqualify you from seeking justice. With the right legal support, you can still recover meaningful compensation that helps you heal and rebuild. At Mahna Law, we treat every client with dignity and determination—because every injured person deserves a voice. And you pay nothing unless we win.
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