What Counts as Negligence in an Auto Accident Case?

What Counts as Negligence in an Auto Accident Case?

The aftermath of a car crash is stressful. Insurance calls, car repair estimates, and doctor appointments quickly take over your life. If the wreck wasn’t your fault, you have one more thing to think about: proving the other driver was negligent. That’s the key to getting compensated for your injuries, damaged property, and everything else you’re dealing with. But what counts as negligence in Nevada, and how do you prove it? Find out here.

What Does Negligence Mean in a Car Accident?

Negligence is when someone failed to do what a reasonably careful driver would have done. Every driver in Nevada has a duty to drive safely, follow the law, and avoid putting others at risk. If someone checks their phone at the worst possible time, runs a red light, or drives recklessly—and you end up injured because of it—that’s negligence. This gives you grounds to take legal action.

Common Examples of Driver Negligence

Some forms of bad driving are obvious, while others are more nuanced. Any of the following behaviors could be enough to support an injury claim if the other driver caused the crash:

• Speeding: Driving fast makes a crash more likely and tends to result in more severe injuries and damage when a collision occurs.
• Distracted driving: Texting, eating, or putting on mascara behind the wheel are just a few examples of distracted driving.
• Following too closely: Tailgating cuts reaction time to almost nothing, especially at highway speeds.
• Running red lights or stop signs: Ignoring traffic signals is a fast track to intersection collisions.
• Driving under the influence: Impaired drivers make bad decisions and react more slowly, which may end in disaster. Drinking and driving could be more than negligence; it could be reckless or grossly reckless, and a drunk driver could be liable for punitive damages under Nevada law.
• Failure to yield: Whether merging or turning, not yielding the right-of-way creates dangerous situations.

What Is Needed to Prove Negligence?

Blaming the other driver isn’t enough—you have to back it up. In Nevada, your injury claim for a driver’s breach of duty only stands if all four of these elements are in place:

• Duty of care: The other driver was expected to drive safely, follow the law, and maintain their vehicle.
• Breach of duty: The driver didn’t meet that responsibility. Instead, they acted carelessly or recklessly.
• Causation: The driver’s actions directly led to the accident and your injuries.
• Damages: You suffered economic and non-economic losses from the accident, such as medical bills, lost wages, vehicle damage, pain and suffering, or emotional trauma.

Nevada’s Car Accident Negligence Rules

In Nevada, multiple drivers can share blame for a crash. You may still get compensated as long as you’re less than 51% at fault. However, your payout is reduced based on your share of the blame.

For example, you may be found 30% at fault for a collision if you were speeding while the other driver was texting behind the wheel. If your damages total $100,000, you would be eligible for $70,000. This makes proving legal negligence in crashes necessary to protect your claim and maximize your compensation.

The Role of Negligence Per Se

Nevada recognizes something called negligence per se. If someone breaks a traffic law designed to protect a specific class of people, that legal violation may automatically count as negligence.

For instance, traffic laws prohibit speeding through school zones to safeguard children. If a driver violates this law and causes an accident, their action may be deemed negligent per se. You still need to demonstrate that the accident caused your injury, but proving the driver breached their duty is now a whole lot easier.

Proving Negligence in Nevada Crash Lawsuits

Insurance companies will always try to shift blame or claim your injuries aren’t as bad as they look. That’s why you need solid proof to support your case, from how the crash happened to how it’s affecting your life. Here are the types of evidence that can link the driver’s actions to your injuries and support your claim that they breached their duty of care:

• Police report: This document often includes statements from both drivers, the officer’s notes about illegal behaviors and citations, and a preliminary opinion on who was at fault. Investigating officers may also document other evidence on the scene, such as skid marks, and determine where the impact first occurred. In some cases, police may be able to access video footage that is not available to regular individuals.
• Witness statements: Independent accounts from people who witnessed the crash carry a lot of weight, especially if the other driver tries to twist the facts or shift blame to you.
• Dash cam or traffic footage: If your vehicle or a nearby car had a dash cam, or the crash was caught on surveillance or traffic cameras, this video evidence can be highly revealing. Because businesses are not obligated to provide you with their surveillance videos, you may need the help of an attorney to secure any video of the accident.
• Photos of the scene: Clear, time-stamped photos taken right after the crash help reconstruct what happened. This includes vehicle damage, skid marks, debris, road signs, and anything else that gives context to the accident.
• Phone logs: If you suspect distracted driving, phone records can show whether the other driver was texting, calling, or using cellular data right before the crash. This digital trail can strongly support the claim of inattention behind the wheel.
• Medical records: Detailed records from ER visits, follow-up appointments, and physical therapy sessions show the severity and timeline of your condition, proving that your injuries were caused by the crash, not something else.
• Expert testimony: In complex cases, professionals like accident reconstructionists or medical specialists may be asked to explain how the crash happened and how your injuries align with the impact. Their insight fills in the gaps that photos and reports don’t cover.

Start Your Case with a Free Consultation

When someone else’s bad decisions put you in the hospital or out of work, you deserve more than a lowball settlement offer. Now that you understand drivers’ duty of care in Nevada and how to prove negligence, you may be eager to file your claim. Team up with Carvalho & Associates Attorneys at Law for the best results. We’ve been handling car accident cases in Nevada since 1995. People travel from across the state to work with us in Las Vegas and other personal injury attorneys refer cases to us, and with good reason. Our personal injury attorney has built a strong reputation over the years by securing major case wins, some of which have made headlines. Call today to schedule a free initial consultation and find out how we can help you build a strong case.