Question 1

What Is Liability After a Car Accident?

Accepted Answer

Negligence implies a failure to act with the level of care that a reasonable person would have exercised under similar circumstances and establishes liability in car accidents. Where a driver's negligence causes an accident, they are usually liable. Issues arise when the negligent driver is not the car owner.

Question 2

When Can You Hold a Car Owner Liable?

Accepted Answer

A car owner is liable for someone else's actions in some instances, for example, if they allow an inexperienced, reckless, or impaired person to drive their car. Negligent entrustment is when a vehicle owner irresponsibly lends their car to someone unfit to drive, resulting in an accident.

Vicarious liability is a legal principle where an individual or entity is responsible for the actions or damages caused by another person, in this case, the driver.

The owner is liable if the injured party can show the elements of negligence:

The car owner had a duty of care to protect others from harm, including ensuring that anyone driving the car was sober, licensed, and had no history of dangerous driving habits.
The car owner breached their duty of care by negligently entrusting their vehicle to someone unsafe to drive.
The breach of duty caused the accident that resulted in injuries.

Question 3

When Is a Car Driver Liable?

Accepted Answer

You can hold a car driver liable for:

Rear-end collisions: In most cases, the driver who rear-ends another vehicle is considered liable for the accident. This is because drivers are expected to maintain a safe following distance and be able to stop in time to avoid a collision if the vehicle in front suddenly brakes.
Failure to obey traffic signals: If a driver runs a red light, ignores a stop sign, or disregards any other traffic signal, they are likely to be found liable for any resulting accidents. 
Speeding: Driving above the speed limit or too fast for road conditions can lead to accidents. If a driver's excessive speed is found to be a contributing factor to the collision, they may be deemed liable.

Question 4

How a Lawyer Can Identify the Responsible Parties?

Accepted Answer

Your lawyer can identify the accountable party by scrutinizing the facts, analyzing the rules applicable to your case, and understanding the relationship between the driver and the owner. Once they determine liability, they can determine the consequences that come with it, including the financial burden of damages and injuries and the potential compensation for your pain and suffering

Question 5

How Your Lawyer Works to Ensure Fair Compensation?

Accepted Answer

When it comes to compensation, your lawyer is indispensable. They meticulously document all aspects of your pain and suffering, advise you on gathering documentation, and present a case that accurately depicts your experience.

After establishing liability and understanding the consequences, the next step is to embark on the claims process, which often involves negotiations with insurance companies, court visits, and possible arbitration or mediation. The process can be daunting if you are unfamiliar with legal proceedings.

The claims process begins with filing an insurance claim and notifying the at-fault party. An investigation usually follows to analyze and collect evidence. After a thorough examination, the insurance company will either approve or deny your claim. In case of a dispute, your lawyer may proceed to court.

Category: Las Vegas Personal Injury Lawyer Blogs

The Ed Bernstein Show

Category: Las Vegas Personal Injury Lawyer Blogs

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Who Is At-Fault in a Rear-End Accident?

How to Determine Fault in a Rear-End Accident

What Is Diminished Value After a Car Accident?

Can I File an Insurance Claim Without a Police Report in Las Vegas?

Nevada Driving Laws

Is Nevada a No-Fault State?

What to Do if an Uber Hits You

How Our Lawyers Handle a State Farm Injury Claim

What to Know If You Have Been Involved in a Truck Accident

Who Is Liable: The Car Owner or the Driver?

The Ed Bernstein Show