How to Prove Fault in a Car Accident in Nevada
The first thing you should do after a car accident is obtain emergency medical assistance. Your attorney will handle the ensuing legal challenges such as proving another party is at fault for the accident. Your focus should be squared on improving your health and obtaining a formal police report. Let’s take a quick look at how fault is proven in Nevada auto accidents.
Proving Fault is not Always Easy
The legal burden of a personal injury lawsuit or wrongful death lawsuit following an auto crash is proving the other party involved in the crash or a third-party to the accident such as local government is legally liable for the crash. The party determined to be legally responsible might be forced to provide a significant amount of financial compensation for the damage to the vehicles, medical treatment and additional costs tied to the crash.
Even if the insurance company that insures the driver who caused your accident accepts that their insured party was at fault, they will likely do everything possible to minimize financial compensation, damages and responsibility. This is precisely why it is in your interest to have an experienced Nevada personal injury attorney on your side. Your attorney will gather evidence, interview witnesses and advocate on your behalf in and out of court so you can focus on getting your life back on track.
The word “negligence” refers to a party’s failure to provide others with the appropriate level of care. Nevada requires that the injured auto accident victim prove the other driver or another party was responsible for the accident. This means the victim’s attorney must show another party or several other parties are guilty of negligence. If your attorney can prove that party or several parties breached their duty of care to you while you were in their vicinity, they will be determined to be negligent.
From running red lights to failing to stop at a stop sign, texting while behind the wheel and speeding, negligence takes many different forms in the context of Nevada auto accidents.
Proving the Specific Cause of the Accident
Aside from showing that another party acted negligently, your Nevada personal injury attorney will also be tasked with proving that individual’s behavior had a causal relationship to the auto accident and subsequent damages. Though the other party might insist you were negligent and have partial legal liability, your attorney will help counter such claims. If the opposing party insists your injuries are not causally related to the accident, your attorney will reference police records, medical records and additional evidence to prove there is a causal relationship between your medical problems and the actual accident.
Obtaining Financial Compensation for Damages
Your Nevada personal injury attorney will work closely with you to determine the extent of your injuries and property loss stemming from the accident. This information is necessary to establish the amount of damages. As an example, you might have lost tens of thousands of dollars in wages, suffered significant diminished earning capacity, endured pain and suffering and be saddled with thousands of dollars of medical bills.
The total amount of damages will help you determine if a settlement offer is worth accepting or if it is better to pursue justice in a court of law. However, you cannot do this work on your own. You need a proven and trustworthy Nevada personal injury attorney on your side to determine the extent of your damages, gauge whether the settlement offer is a good one and potentially move forward with litigation that might takes weeks or months to resolve.