Shared Fault Arguments in Car Accident Scenarios and How to Defeat Them
Insurers love the shared-fault story. Why? Because in Nevada, your recovery drops by your percentage of fault — and if they can push you over 50%, you get nothing. That’s NRS 41.141 in action (modified comparative negligence).
The playbook is predictable. But if you move fast and build the right evidence, you can counter those arguments. At Mainor Ellis Injury Lawyers, we strive to help injured individuals get the compensation they deserve, even when the insurance company is trying to blame them for their injury.
How Nevada’s Shared Fault Works
Your damages are reduced by your share of fault. You’re barred only if you’re more than 50% at fault (NRS 41.141).
The goal is to keep your percentage at 50% or less — and preferably much lower — with hard evidence.
How can you do it? You will need to prove the other driver violated safety rules (negligence per se), lock down objective data, and neutralize the usual blame-shifting. Should you do it on your own? No. You can get the help of a Las Vegas car accident lawyer to counter the insurer’s arguments.
The Insurer’s Favorite Arguments (and What Actually Beats Them)
Here are some of the most commonly used arguments by insurance companies when you get into a car accident and
1. “You rear-ended them — case closed.”
They might say: You were following too closely or not paying attention.
Your counter: Show sudden, unnecessary brake-checking, unsafe merges into your lane, or a third vehicle’s cut-off. Use EDR (“black box”) data for speed/braking, dashcam/CCTV, and witness statements.
Nevada’s traffic code requires drivers to maintain a safe following distance and to change lanes/merge safely. Violations support negligence per se.
2. “It was a left turn — your fault for speeding through.”
They might say: You ran a late yellow or red; the left-turner had a reasonable gap.
Your counter: Signal timing and phasing, not guesswork. Pull intersection data, light sequencing, and camera video. Skid marks, crush patterns, and EDR speed defeat “you were flying.” Failure to yield on a left turn is a classic statutory breach.
3. “You both changed lanes — call it 50/50.”
They might say: No one has the right-of-way when lanes converge.
Your counter: Lane-change duty is on the mover. Prove who initiated the maneuver, blind-spot checks (or lack thereof), and turn-signal use from video, mirror settings, and telematics. If they drifted or crossed a solid line, that’s powerful.
4. “You stopped suddenly.”
They might say: You caused the crash by slamming the brakes for no reason.
Your counter: Document the reason — pedestrian, debris, lead vehicle, traffic. EDR shows brake application and speed deltas; rear cameras show what you saw. A driver must be able to stop safely for foreseeable conditions.
5. “Sun glare / weather / ‘act of God.’”
They might say: Nature made it unavoidable.
Your counter: Nature is foreseeable. Duty of care adjusts with conditions. Show failure to slow, increase following distance, or use headlights. Weather and glare aren’t get-out-of-liability cards.
6. “You were on your phone.”
They might say: Distracted driving = your fault.
Your counter: Pull carrier records and device logs. Nevada bans handheld use and texting (NRS 484B.165) — use it against them when it’s the other driver. If they can’t prove your distraction, the argument collapses.
7. “Low property damage means low injury.”
They might say: Minimal bumper damage = you couldn’t be hurt.
Your counter: Biomechanics, not bumper photos. Medical imaging, treating physician narratives, and expert analysis explain how occupant forces cause real injury even in “minor” collisions.
We Help Counter the Insurer’s Shared Fault Arguments
If an adjuster is trying to pin part of the crash on you, don’t let percentages become the excuse to underpay. Contact Mainor Ellis Injury Lawyers for a free consultation and get the help you need. We’ll build the evidence, beat the blame-shift, and fight for the compensation you’re owed. Call at 702-450-5000 today.
