Nevada applies comparative negligence, not contributory negligence. Under NRS 41.141, a plaintiff’s own negligence does not bar recovery unless it is greater than the negligence of the defendant or defendants combined. If recovery is allowed, damages are reduced by the plaintiff’s percentage of negligence.
For motorcycle riders, this rule can come up in arguments about speed and lane position. This guide explains the difference and how the rule applies in a rider’s claim.
Key Takeaways
- Nevada uses modified comparative negligence under NRS 41.141.
- Recovery is barred only if the plaintiff’s negligence is greater than the defendants’.
- If recovery is allowed, damages are reduced by the plaintiff’s percentage of negligence.
- In Nevada, an unexcused violation of a safety statute that proximately causes injury can be negligence per se.
- Nevada has declined to apply this rule to strict products liability.
What Is the Difference Between the Two Rules?
| Rule | Effect of a plaintiff’s fault |
|---|---|
| Contributory negligence | Any fault can bar recovery entirely |
| Comparative negligence (Nevada’s modified form) | Damages are reduced, and recovery is barred only if the plaintiff’s negligence is greater than the defendants’ |
See our full guide to contributory and comparative negligence.
How Does the Rule Work in a Nevada Motorcycle Claim?
| Rider’s negligence | Defendants’ combined negligence | Result |
|---|---|---|
| 0 percent | 100 percent | No reduction |
| 25 percent | 75 percent | Damages reduced by 25 percent |
| 50 percent | 50 percent | Damages reduced by 50 percent |
| 51 percent | 49 percent | No recovery |
Under NRS 41.141, these questions go to the jury when comparative negligence is raised as a defense. Each party is assigned a percentage of negligence.
What Arguments Are Used Against Riders?
| Argument | Nevada rule that may be raised |
|---|---|
| Lane sharing | NRS 486.351 prohibits driving between vehicles in adjacent lanes, other than for on-duty police |
| Passing in the same lane | NRS 486.351 limits overtaking in the same lane |
| No motorcycle license | NRS 486.061 generally requires a motorcycle driver’s license |
| Speed | Nevada’s traffic laws in NRS Chapter 484B |
In Barnes v. Delta Lines, Inc., a 1983 decision involving a defendant, the Nevada Supreme Court said an unexcused violation of a statute designed to protect a class including the plaintiff is negligence per se if it proximately causes injury. Whether the violation was a proximate cause is a question of fact for the jury. Learn about negligence per se in Nevada.
What Rules Protect Riders?
Nevada law also places duties on others. NRS 484B.253 requires a driver turning left at an intersection to yield to an oncoming vehicle in the intersection or close enough to be an immediate hazard. After yielding and signaling as required, the driver may turn, and oncoming vehicles must then yield. NRS 486.341 entitles a motorcycle to full use of its lane. The National Highway Traffic Safety Administration says most multivehicle motorcycle crashes happen when other drivers fail to spot the rider.
What If More Than One Driver Was at Fault?
Under NRS 41.141, a plaintiff’s negligence is compared with the combined negligence of the defendants. Where comparative negligence is asserted against multiple defendants, each defendant is generally severally liable for its own share of the judgment, and the statute lists exceptions. If a defendant settles, the settlement amount is deducted from what the plaintiff can recover.
What If a Defective Part Was Involved?
Different rules can apply. In Young’s Machine Co. v. Long, the Nevada Supreme Court refused to apply the comparative negligence statute to strict products liability. See how auto defect claims work.
Does Shared Fault Change the Deadline?
No. Nevada generally allows 2 years to sue for personal injury under NRS 11.190(4)(e), and 3 years for injury to personal property under NRS 11.190(3)(c). Exceptions can apply. See Nevada motorcycle accident claims.
Talk With a Nevada Motorcycle Accident Lawyer
Vaksman Khalfin, PC handles Nevada motorcycle accident claims and has an office in Las Vegas. A lawyer can review your situation and explain the options that may be available. Contact us or visit our Nevada motorcycle accident page to learn more.
General information, not legal advice. This page is provided for general informational purposes only and is not medical advice. No attorney-client relationship is formed by reading this page or contacting the firm. Prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 11/09/2026
Frequently Asked Questions
Nevada is a comparative negligence state. Under NRS 41.141, a plaintiff's negligence does not bar recovery unless it is greater than the negligence of the defendant or defendants combined.
Possibly. NRS 486.351 prohibits lane sharing, and a defendant may raise it. Under NRS 41.141, recovery depends on your percentage of negligence compared with the defendants'.
NRS 486.231 requires protective headgear. Nevada's helmet statute does not address civil recovery, so a lawyer can explain how the issue may be treated.
Your negligence would not be greater than the defendants', so NRS 41.141 would not bar recovery. Your damages would be reduced by 50 percent.
