Understanding Driver Negligence And Car Accident Liability
Vehicle crashes are generally referred to as car accidents. But in many cases, accident is not an appropriate term to describe what happened. Drivers who knowingly engage in risky behaviors are acting with negligence, and when a crash inevitably occurs, it can hardly be called accidental.
While behind the wheel, each of us owes a duty of care to other drivers and passengers we encounter on the road. When one driver causes a crash through actions which are dangerous or reckless, they have breached that duty of care and can be sued for negligence.
What Constitutes Negligent Driving?
Even if you didn't know the legal definition of negligence, you can probably think of many examples of negligent driving. They include:
- Speeding or otherwise driving too fast for road conditions
- Texting, talking on the phone and other forms of distracted driving
- Driving while drunk or high
- Driving aggressively
- Failing to obey traffic laws and signals
- Failing to keep a lookout for pedestrians and motorcyclists
- Failing to yield right of way
- Fatigued or drowsy driving
- Failing to fix vehicle issues and perform routine maintenance
What If You Also Share Some Fault For The Crash?
Nevada law uses a legal doctrine known as modified comparative fault. Under this doctrine, percentage of blame for the accident can be attributed to any parties involved (including you as the injured victim). If you are deemed less than 50 percent at fault for the crash, you can recover compensation. Your compensation award will be reduced by the percentage of fault assigned to you. If you are determined to be 20 percent at fault for the crash, for instance, the total monetary award would be reduced by 20 percent.
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With an office in Las Vegas, Dimopoulos Law Firm proudly serves clients throughout the area. To take advantage of a free initial consultation with one of our skilled attorneys, call us at 702-800-6000, or fill out our online contact form.