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Understanding the Proof of Negligence

The Hypothetical

If driver A is proceeding lawfully down the road and comes to an intersection with a green light allowing him or her to proceed, that driver has the right to do so. If driver B is coming from the other direction and runs the red light controlling his or her direction and crashes into driver A, the likely result would be a Las Vegas auto accident lawsuit. Below are the necessary elements for proof in driver A’s case.

Legal Duty

The law assigns a legal duty of care to almost anyone, and this duty demands that people do not place others in positions of unreasonable harm. In this situation, driver B owed a duty to any other drivers on the road as well as any bicyclists, pedestrians or passengers in driver B’s car. This duty would extend to driver A.

Breach of the Legal Duty

After the legal duty has been established, driver A must prove that driver B breached this duty. This can be done by showing that driver B did not act reasonably under the circumstances or did not act as a reasonable person would have when faced with a stop light at the intersection. It can be assumed that a reasonable person would have stopped at the intersection and that driver B did not do so.

Causation

After driver A has proven the first two elements, the next step is proving that driver B’s breach of the legal duty either directly or indirectly caused the injuries and damages suffered by driver A. This is a very tricky element, particularly if other factors were involved such as bad weather or road conditions or even a lack of visibility of the red light.

Damages

Finally, if driver A establishes the first three elements, damages must be proven. This can be done in the form of showing medical bills or statements of lost income, but Nevada personal injury law also allows for damages claims to deal with pain and suffering.

Ultimately, given the facts of the scenario, it’s likely that driver A would prevail and recover damages. However, proving each element of negligence requires skill and strategy. Rather than assuming you can handle this situation by yourself and risk your claim if you’ve been injured in an auto accident, seek the help of experienced Las Vegas personal injury lawyers who have been doing this successfully for many years. Contact Jack Bernstein & Associates today to schedule a free initial consultation.