Drivers in the Las Vegas area must exercise reasonable care otherwise they can be sued
Las Vegas, NV – Almost all accident lawsuits are filed as negligence cases. An important inquiry in the negligence analysis is to determine the relevant duty of care and how the defendant did not meet this standard of care through their actions. After a deviation from the relevant standard of care is established, the plaintiff must show causation and damages to complete all four elements of negligence. When all of these parts of the negligence action are demonstrated successfully and proven based on the relevant standard of care, the plaintiff can receive compensation for their injuries and other losses.
The relevant standard of care on the roads
Drivers are expected to obey all traffic laws, pay attention while they are driving, and not choose to drive if they are fatigued or under the influence of alcohol or drugs. The relevant standard of care also factors how a reasonable person would operate their car. While this analysis can be vague in some situations, the plaintiff can show mistakes by the defendant to show deviations from the relevant standard of care.
Reasonable person standards
This is supposed to be a comparison between how a reasonably prudent person would have acted in the same situation. This can factor in things like road conditions, weather, and the amount of traffic nearby at the time. In other words, things like illegal behavior, reckless driving, speeding, or even less serious offenses such as an improper lane change will likely violate this standard. Injury attorneys will often assist their client by introducing evidence of traffic violations and other relevant breaches of the law and road regulations.
Evidence that can show a breach of the duty of care
When someone is involved in a car accident, they should contact local law enforcement to begin an investigation and contact their insurance company. They can even take pictures of the scene and vehicle damage, or talk with witnesses if they desire to do so. All of these types of evidence can help prove negligence and damages. The police will even generate an accident report that gives more information about the drivers involved and an opinion regarding what happened in the seconds leading up to the crash. If there is strong evidence of the breach of the standard of care and the other elements of negligence, the defendant will likely choose to end the case with a settlement rather than a trial.
Meeting with an attorney to talk about injury lawsuits
Southwest Injury Law is an experienced firm composed of personal injury professionals. Anyone who needs help after an accident can contact the firm to speak with an attorney who is licensed and practices in Nevada.
Firm contact info:
8716 Spanish Ridge Ave, Suite 120, Las Vegas, NV 89148
702-600-3200
www.southwestinjurylaw.com
