Nevada Drivers and the Duty of Care

car-85320_640When people are injured in a car accident, it’s natural for them to assume that they are entitled to monetary compensation from the party that caused the accident. This may be true. However, a legal process is necessary before compensation is received.

The burden falls on the victim to prove that there is a cause of action. The best way to do this is through working with a Las Vegas personal injury lawyer. Frequently, attorneys rely on negligence as the theory for recovery.

If a personal injury attorney is going to prove that negligence caused a car accident, then they must demonstrate several things. These include that the defendant owed a duty of care, that this duty was breached and that this breach caused the injuries. Moreover, it’s the attorney’s job to demonstrate the value of the damage caused.

Nevada law requires that all drivers operate vehicles in safely. Accordingly, drivers owe a duty of care to others. A driver may breach this duty when he uses his cell phone while driving or fails to stop for a red light. If the driver fails to do something that a reasonable person would do, then they have breached their duty of care.

Then, it’s time to demonstrate causation. This means that the injuries were caused by the driver’s negligent actions, and that they would not have occurred if not for the driver’s breach of the duty of care.

Proving all of these elements requires the assistance of a seasoned Nevada personal injury lawyer. Call us today to have your case evaluated.