Establishing Negligence in Car Accident Suits
Drivers in Nevada and other states have a duty to follow the rules of the road and act safely, but some drivers take risks and engage in unsafe behavior. If a driver’s actions or failure to act results in a motor vehicle accident, this motorist could be negligent and responsible for a victim’s injuries. The injured party could seek compensation in civil court when negligence occurs, and negligence typically includes multiple factors.
Duty and Its Breach
Duty in car accident cases usually refers to the standard of care drivers owe others on the road. This standard of care generally involves the amount of caution a reasonable person would use. To show a breach of duty, a plaintiff or a plaintiff’s attorney would need to show how the driver’s actions put someone in danger. This may be more evident when a driver is engaging in actions that break a law like speeding or texting and driving.
The victims of car crashes are allowed to file suits in civil court to seek compensation for the losses an accident caused, so there must be some damages that a plaintiff wants to recover. The damages one suffers could be physical, financial or emotional and may include the costs for medical bills, time off from work or property damage.
A defendant’s actions must be linked to the damages one suffered. Proving cause is sometimes more complicated than it initially seems. For example, one could argue injuries would not have occurred if a texting driver did not crash into one’s vehicle. While this could serve as cause, a defendant might argue that a victim shares responsibility. If the victim was not wearing a seat belt, this could have contributed to his or her injuries.
Seeking compensation from a responsible party can help one recover after a wreck, and an auto accident lawyer in Henderson may be needed to ensure one receives a fair verdict or settlement.