Generally all legal claims arising from car accidents are covered by the law on negligence. Any failure on the part of the driver to exercise the requisite diligence in operating a motor vehicle is negligence. Should he cause injuries or damage on account on his negligence, the injured or aggrieved party shall have the right to obtain compensation for damages from him.
But like most legal disputes, the victim must prove that:
- The driver was negligent,
- His negligence was the cause of the car accident, and
- The victim suffered injuries or incurred damages as a result of the driver’s negligent act.
However, the challenging part is figuring out who was at fault. In a traffic accident, one party can always put the blame on the other. One could say the other driver was the one who carelessly violated the traffic rules or initiated the collision, which resulted in the car accident.
In determining fault or negligence, the courts will look at the following:
- Violating traffic signals
- Changing lanes or turning without using the signal lights
- Driving beyond the posted speed limit
- Disregarding road safety by being intentionally reckless while driving
- Failing to recognize dangerous weather conditions
- Driving while under the influence of alcohol or drugs
Reckless driving is synonymous to unsafe driving. There is clear disregard to public safety and well-being, which increases the probability of a car accident happening. This act may take the form of any of the following:
- Intentionally running through a stoplight
- Improper changing of lanes
- Failure to signal when turning
- Irresponsible turning or changing of lanes with checking for nearby vehicles
- Driving at high speeds deemed dangerous under current conditions
Would you believe one person dies every 51 minutes as a result of drunk driving? Lives and limbs aren’t the only things at stake; property damage is also highly likely. It is a very irresponsible and dangerous act to drink alcoholic beverages then drive. The erring driver is not only a danger to himself but also to others who share the road with him.
Contact a Highly Experienced Las Vegas Car Accident Attorney
Were you involved in a car accident? Did you know suffer injuries or incurred property damage? Have you case reviewed by our highly experienced Las Vegas car accident attorney. Get in touch with Dan Lovell of Empire Law Group.