Proving Liability: Strategies to Establish Fault & Hold Accountable

Navigating The Insurance Claim Process & Proving Liability In Car Accidents: Key Definitions, Critical Evidence & Important Rules

With more people driving, the possibility of an accident continues to rise. Where there used to
be only one or maybe two cars per household, it is common for many households to own three or more cars. Whether you are traveling for work, travel, or to a friend’s house, you will likely notice that you are getting stuck in traffic more often or you may pass more car accidents on the side of the road.

As the likelihood of getting in a car accident rises, it is important to understand the insurance claim process and especially how proving liability works. Proving liability may seem like a simple process if you have the right evidence, but it is not.

Understanding Liability In Car Accidents: Key Definitions & Concepts

When you file an insurance claim after an accident, your insurance company will want to know who is at fault and/or what caused the crash. They are looking for liability. While in some situations, there
is one clear party who is liable, in others, multiple parties may be at fault. Not only that, but from one person’s perspective you may be liable, while from another perspective they were liable.

Liability is what helps determine whether or not you will receive compensation and how much. Knowing who is at fault is not black and white so it’s important to know how to prove liability.

A Las Vegas car accident lawyer can help you take the necessary steps to ensure the other party takes as much blame as they deserve to ensure your compensation is as high as it should be. Along with the help of a lawyer, there are several things you should keep in mind.

How To Determine Liability In Nevada Car Accidents

In Nevada, there are several aspects to proving liability for your insurance. Determining liability in a car accident falls under the laws of negligence. This means that if one or more parties were in an accident, it must be proven that the harm or damage that resulted happened because one or more of the parties were not acting with reasonable care or skill. It also must be proven that the damage that happened was a direct result of this lack of duty of care.

The party that faced damage or injury are the ones who must provide proof that there was a lack of duty of care. They will be required to find as much evidence as possible to prove that their injury or damage resulted from some form of negligence.

Essential Evidence To Prove Liability In Car Accident Claims

Evidence is an important part of proving liability. With the right evidence and the help of a Las Vegas car accident lawyer, it is possible to quickly implicate the other party as liable so that you can receive compensation in a timely manner as you face the difficulties the accident created. Some important examples of evidence include:

Photo Evidence: One of the most valuable pieces of evidence you can provide is photos and video of the accident scene. You should consider taking photos of the skid marks, debris, broken car parts, traffic conditions, weather conditions, overview of the scene, and any other evidence that may help determine who is at fault. You can also ask others around you for the pictures and videos that they took.
Witness Statements: After most car accidents, there will be several people who stop to help or provide their story of what happened. Get the names and information from each witness and gather statements from each one. Make sure the witnesses give as many details as possible.
Police Reports: Police reports are helpful as they are an unbiased perspective of the road conditions and will have on record whether or not traffic violations happened during the accident. The report will include all of the information about the vehicles involved as well as their observations, and other relevant information including which party was cited as vehicle 1, typically the offending party.
Medical Records: Give your medical records and other medical documents to your Las Vegas car accident lawyer to use as evidence of liability. These documents will be helpful in showing the physical injuries or emotional damage that resulted from the accident.

Proving Fault In Car Accidents Caused by Reckless Driving

In some cases, an accident will be caused by someone who is driving recklessly. In these cases, proving fault is much easier. In Nevada, reckless driving is operating a vehicle in any way that violates the law, puts people in danger, or shows blatant disregard for those around them. Examples of reckless driving include:

Excessive Speeding
Street Racing
Running Red Lights or Stop Signs
Driving Under the Influence
Road Rage
Wrong-Way Driving
Driving Without Proper Lights

Driving under the influence is the most common example of reckless driving and in these cases, proving fault can be helped by who was intoxicated and who was not. In cases of running red lights, there are often street cameras that can help prove liability.

However, for other circumstances where reckless driving does not have tangible evidence, you will need to prove liability through other means and a Las Vegas car accident lawyer can help you determine which evidence is necessary.

Handling Multi-Party Fault In Nevada Car Accidents

Each state has different rules as to how they handle multiple at-fault parties. Nevada falls under the “modified comparative negligence” rule. This rule states that the injured must be 50% or less at fault in order to recover damages. If they are 51% or more at fault, they will be barred from receiving anything.

However, if they are below the 50% threshold, then their compensation will be determined based on the percentage of their fault. For instance, if the damages are $100,000 and the injured party is 40% at fault, they will receive $60,000 in damages.

Our Las Vegas Car Accident Lawyers Can Help You Prove Liability

Whether your case is complicated or you simply want peace of mind knowing a knowledgeable lawyer is working to acquire the compensation you deserve, our Las Vegas personal injury attorneys at Benson & Bingham have you covered. With years of experience under our belts, and a passion to protect your rights, we are committed to stand by your side in this difficult time.

If you or someone you know has been injured in a car accident, contact us today.