Author: Steve Dimopoulos

What Does It Mean If A Car Has ‘Diminished Value’ After A Crash?

Q: What does “diminished value” mean in the car accident context?

A: Given a choice between two vehicles identical in all respects (make, model, year, mileage, condition, etc.), with the one difference being one had been involved in a crash, a reasonable consumer would generally choose the crash-free-vehicle. Diminished value is the portion of a damaged vehicle’s pre-crash value that is not restored through the repair process. Although compensable, diminished value is generally worth pursuing only in limited circumstances, particularly exotic vehicle cases.

What is Negligence in a Las Vegas Car Accident?

Las Vegas residents know about distractions. In a city with a thousand different things to do, keeping focused on any one task can be difficult. However, that is exactly how people need to drive, especially in the congested confines of an urban area. Unfortunately, temptation gets the best of many people, and distracted drivers cause accidents that result in injuries to others. When this occurs, there may be a way for the injured party to receive compensation from the negligent driver.

But what is a “negligent driver?” Negligence is a legal term that has existed for hundreds of years, having its origin in the English common law. It is one theory that it used during a civil case for damages to show that one individual was a fault for the injuries of another, and should be held responsible for paying for all or part of them. Generally, to be able to recover from a negligent driver, a victim must be able to prove all the elements of the negligence theory.

The first element of negligence is legal duty. The person being sued must have had a recognized obligation to do, or to refrain from doing, some action. Then, the person must have breached that duty by not behaving as a reasonable person would have in that situation, and either doing or not doing the action that was obligatory. This breach of the legal duty must have been the cause of the injuries at issue. This cause must have been both direct and foreseeable, or in legal parlance, there must have been both “cause-in-fact” and “proximate cause.” Finally, there has to be some proof that damage of some kind occurred, either property damage or personal injury that caused a loss to someone.

While the above description may seem simple enough, in practice negligence cases are all very different and dependent upon the specific facts involved. Issues of duty and causation, which sound clear-cut, can quickly become very complex when discussing the possible litigation of a negligence case. Due to this, those who want to understand their rights after a Las Vegas car accident may wish to consider contacting an experienced attorney.

Important Facts About Ride-Share Auto Accidents

Auto accidents occur on a daily basis, and when you are involved in one, it is important that you take the right steps. When a ride-share company is involved, the process is different from a regular auto accident.

Understanding the different aspects of this special situation is key to receiving the compensation you deserve. There are a few things you should know and implement to place your claim.

The law

Transportation services, or ride-share services, begin once the driver accepts a ride request and ends once the last passenger exits a vehicle. By law, there are a few requirements for ride-sharing, or transportation services through a transportation network company. All drivers must meet specific requirements, including a clear driving record and criminal history check, and proper liability coverage.

Periods of liability

In the case of an accident where a ride-share driver is at fault, the period of liability determines which insurer is responsible. There are three different periods:

  1. No ride-sharing activity
  2. Driver active and waiting on request
  3. Rider request accepted

In period one, the driver’s insurance is the only liable party, while in periods two and three, both the driver’s and the ride-share company’s insurances are liable. However, in period two, the driver’s insurance is primary, and in period three, the ride-share company’s insurance is primary.

Comparative negligence

In the state of Nevada, comparative negligence may alter a claim. Under this law, if a claimant is partially at fault for the accident, then the award amount may decrease by the claimant’s percentage of fault. For those riders in the vehicle, this is rarely a concern. However, for drivers, this may be critical. It is important to collect as much evidence as possible to successfully argue a case and receive a compensatory settlement amount.

These are a few key facts to understand in the case of an accident involving a ride-share vehicle. If you or a loved one face injuries due to an accident that was not your fault, it may be beneficial to speak with an attorney and weigh all of your options.

Facts to Know About Hit and Run Accidents in Nevada

Automotive accidents occur on a daily basis. Just as there are different types of car accidents, there are also different types of issues that come along with them. What do you do if a car hits you and the other driver leaves the scene?

Hit and run accidents are unique, and drivers need to handle them properly, especially if they plan to make a claim. Before making a case, there are a few key facts to know about hit and run accidents in Nevada.

Types

There are a number of different types of hit and run accidents. Some of the most common forms include:

  • Parked car
  • DUI
  • Complex

Depending upon the type of hit and run accident and the severity of damage, the courts may classify the incident as a felony or a misdemeanor.  In general, if the incident only involves property, it is a misdemeanor, but if it causes injury or death, it is a felony.

Protocol

Nevada statute 484E fully details how drivers must handle automotive crashes legally. Both parties should administer emergency assistance if needed, pull over if it is safe and possible, and exchange contact and vehicle information. Depending on the severity of the incident the parties may have to call the police. Even if they do not, the individuals should still report the incident. In the case of a hit and run, the remaining driver should still follow the protocol as much as possible and contact the authorities to report the incident.

Penalties

If the driver or a witness is able to retrieve the tag number of the fleeing driver, it may be possible to bring charges against the individual. The penalties for this crime vary and may include heavy fines, jail time, or a license revocation. It may also be possible for the other party to file a civil suit.

These are just a few of the main factors for a hit and run case. If you are considering filing or are facing such charges, be sure to review the law and speak with a knowledgeable professional to understand your options fully.

What is a "Common Carrier" in Nevada?

Las Vegas is a popular destination for many tourists. People come from all over the country, and indeed the world, for various activities the city has to offer. Whether it is for a vacation, or a conference or another event hosted in the city, many of these individuals do not bring their private vehicles. That means that when coming to Las Vegas, as well as getting around to the city’s various venues, most people are using some form of “common carrier.”

A common carrier, in this context, is a legal term for businesses that hold themselves out as ready and willing to transport people from one place to another, either as part of a fixed, scheduled route, or on an on-call basis. This could include planes, buses, trains and even taxi companies. Some of these may be publicly operated, while others may be privately owned. What they have in common is that they are generally well-regulated by the federal and state governments.

This means that common carriers usually have to comply with many safety rules and regulations in order to operate legally. If one of these rules or regulations is broken, and people suffer injuries as a result, the company itself may be held liable for damages that occur. Further, even if a specific rule isn’t broken, a common carrier has a legal duty to act the way a reasonable operator would in caring for the safety of its passengers and could be responsible if someone in its employ acts negligently and injuries result.

Because many common carriers operate vehicles that carry many people at a time, the results of an accident involving one of these vehicles can be catastrophic. It is very important that those who run these kinds of businesses are held to the highest possible standard of safety to avoid any mass transportation injury situations.

Nevada Car Accident Statistics

Traffic accidents are a fact of life in the modern United States. With so many cars and trucks on the road, the country’s roadways are increasingly under pressure and the older infrastructure created decades ago can be seen to be deteriorating. In states like Nevada, where getting from place to place is very dependent on the use of private vehicles, car and truck crashes continue to be a significant cost to both individuals and the public at large, in Las Vegas and around the state.

How exactly do traffic accidents affect Nevada residents? First off, over 1,300 people were killed in accidents in the state from 2010 to 2014. This comes out to an average of over 260 people a year. In 2014, the state’s rate of motor vehicle fatalities was greater than the national average, with 1.15 people being killed for every 100 million vehicle miles traveled. In Las Vegas itself, almost 200 people per year lost their lives over the three-year period from 2010 to 2014. Apart from the loss of life, such accidents cost Nevada residents over $2.4 billion in 2014, including medical costs, property damage, legal and court costs and emergency services costs.

While the causes of these accidents are varied, some factors that may have been associated with such accidents are drivers’ behavior, vehicle characteristics and features of the roadways themselves. In fact, road features may have been factor in around 33 percent of all accidents.

As may be seen from the above numbers, accidents on Nevada roads are costly, both economically and in the wasted potential and emotional costs of lost lives. The state itself may be able to help ease some of these costs by investing in roadway improvements that reduce hazards and congestion that can cause accidents. However, when an individual has been hurt due to either someone else’s carelessness or the state’s failure to properly repair or reduce the effect of a hazard, future improvements do not help that person’s recovery. In such cases, car accident victims may be entitled to compensation from the parties who were at fault for the crash.

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