There are many causes of car accidents, and many of these causes can be traced back to negligence on the part of at least one of the people involved. When it comes to crashes, negligence can involve more than making a mistake with a driving maneuver.
In some cases, a motorist’s negligence can trace back to before he or she ever gets behind the wheel. That’s because all vehicles on the road need to be kept safe for operation. Unfortunately, that duty is not always handled, and the result is that many unsafe vehicles are driving around on Nevada roads. Crashes, injuries, and deaths inevitably occur when a vehicle that was in an unreasonable state of disrepair predictably malfunctions.
VEHICLE MAINTENANCE: LEGAL DUTY OF CARE
When it comes to negligence, people generally owe others what is known as a legal duty of care. Put simply, a legal duty of care is a requirement that people do not act in ways that put others in situations of unreasonable risks of harm. If someone causes an accident because they failed to properly maintain their vehicle, it will likely be seen as a breach of that legal duty of care.
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LIABILITY FOR MAINTENANCE-RELATED CAR ACCIDENTS
When someone drives a vehicle that has not been properly maintained and causes a crash that leads to injuries or death, those who have been harmed can respond by filing a Nevada personal injury lawsuit against that motorist.
At this point, the injured party and his or her attorney will need to present evidence that:
- The vehicle was clearly not maintained as it should have been
- That the failure either directly or indirectly led to the crash that caused the injuries and the losses the plaintiff incurred.
Proving this type of a case requires a thorough analysis of the vehicle and a generation of evidence that will show how a defendant failed to meet the legal duty of care.
FILE A CLAIM WITH BERNSTEIN & POISSON
Proving liability for maintenance failure-related car crashes can be complex and requires the professional skill and knowledge of a car accident lawyer. If you or someone you love has been injured in a crash caused by a faulty vehicle, we invite you to contact Bernstein & Poisson as soon as possible. Our Las Vegas attorneys are prepared to offer you a free, no-obligation case review to help you understand your rights and discuss your legal options for moving forward.