Las Vegas residents know about distractions. In a city with a thousand different things to do, keeping focused on any one task can be difficult. However, that is exactly how people need to drive, especially in the congested confines of an urban area. Unfortunately, temptation gets the best of many people, and distracted drivers cause accidents that result in injuries to others. When this occurs, there may be a way for the injured party to receive compensation from the negligent driver.
But what is a “negligent driver?” Negligence is a legal term that has existed for hundreds of years, having its origin in the English common law. It is one theory that it used during a civil case for damages to show that one individual was a fault for the injuries of another, and should be held responsible for paying for all or part of them. Generally, to be able to recover from a negligent driver, a victim must be able to prove all the elements of the negligence theory.
The first element of negligence is legal duty. The person being sued must have had a recognized obligation to do, or to refrain from doing, some action. Then, the person must have breached that duty by not behaving as a reasonable person would have in that situation, and either doing or not doing the action that was obligatory. This breach of the legal duty must have been the cause of the injuries at issue. This cause must have been both direct and foreseeable, or in legal parlance, there must have been both “cause-in-fact” and “proximate cause.” Finally, there has to be some proof that damage of some kind occurred, either property damage or personal injury that caused a loss to someone.
While the above description may seem simple enough, in practice negligence cases are all very different and dependent upon the specific facts involved. Issues of duty and causation, which sound clear-cut, can quickly become very complex when discussing the possible litigation of a negligence case. Due to this, those who want to understand their rights after a Las Vegas car accident may wish to consider contacting an experienced attorney.