Many car accidents occur as a result of negligence. You may be traveling at the appropriate speed and doing everything right on your normal commute when you are suddenly struck by another vehicle. It’s important to know about the laws regarding negligence in Las Vegas, Nevada if you find yourself in this very situation.
Negligence in an auto accident refers to when a driver has behaved in a reckless or careless manner that causes injury to another person or damage to a vehicle. There are many different categories of negligence, from running a red light or failing to stop at a stop sign, speeding, driving without lights on at night to failing to stop for a pedestrian.
In car accident cases, the theory of negligence is frequently used. Drivers have the obligation to proceed with caution so that other drivers, passengers and pedestrians are free of harm. If anyone a driver encounters while on the road is injured as a result of their careless or reckless actions, that person is liable for it.
In a negligence claim, the individual who brings about the lawsuit must show that the defendant acted in a negligent manner at the time of the accident. The following must be shown:
• Law required the defendant to be reasonably careful. The laws require drivers to be careful when they encounter anyone on the road, other drivers, pedestrians, passengers in other vehicles and so on. This is referred to as “duty of reasonable care.”
• The defendant was not careful. This is considered breaching or violating the duty of reasonable care. To determine whether the individual was effectively careful, the driver’s conduct is compared with that of a reasonable driver. Examples of drivers acting reasonably careful include stopping at red lights, looking out for pedestrians and following other vehicles at reasonable and safe distances.
• The defendant cause injury to plaintiff. It must be shown that the plaintiff’s injuries came about because of the defendant’s careless behavior behind the wheel and not from another incident.
• The plaintiff suffered losses and/or was injured. Victims of car accidents are due compensation for injuries and damages that are provable.
If you have been involved in a car accident in Nevada, contact an attorney immediately. It will improve your chances of success in your case.