Every case is unique, with facts and losses specific to the situation. You should consult a lawyer to discuss the specifics of your accident and injuries to determine whether you have a case.

In analyzing whether you have a case, the lawyer will look for a few elements. Drivers are liable for injuries resulting from two types of actions. Intentional collisions are rare, but they happen in Las Vegas. For example, as someone flees from the police, they may intentionally ram your vehicle to move it out of their path. Similarly, a driver may intentionally bump your car during a road rage incident.

To prove liability for intentional crashes, you must show the other driver intended to cause harmful contact with you. You do not need to prove they intended to injure you. If they intend to hit you, they are liable for any resulting injuries.

While an intentional crash will give you the right to sue for your injuries, you will probably not have a claim against the other driver’s insurance. Liability insurance typically only covers crashes resulting from a driver’s negligence. Thus, the other driver’s insurer will not pay you for an intentional crash.

The second ground for liability is negligence. Most cases arise when a driver negligently crashes into a vehicle, pedestrian, or cyclist, causing injuries or deaths. Negligence requires proof of four elements:

  • 1

    Duty of care

  • 2

    Breach of duty

  • 3

    Damages

  • 4

    Causation

All drivers owe other road users a duty to drive with reasonable caution and care. They breach this duty when they expose other road users to unreasonable risks of harm. A lawyer typically proves a breach of duty by proving that a driver violated traffic laws by speeding, tailgating, running a red light, or committing some other traffic violation.

A driver can also breach the duty of care by doing something unreasonably risky, albeit legal.

For example, a driver in Nevada cannot use a handheld cell phone while driving. They can use voice-to-text as long as they are not holding the phone when they do it. However, dictating a text message can distract a driver, leading to a car crash. Even though the driver did not violate any traffic or criminal laws, they may still be liable for damages arising from the injuries they caused.

Find Out If You Have A Case With A Trusted Legal Expert

Determining if you have a case after a car crash can be complex and overwhelming. It’s crucial to have an experienced advocate by your side.

At Hill Firm, we specialize in evaluating car crash cases and helping clients understand their legal rights. Our team is dedicated to fighting for your best interests and will guide you through the process of proving liability and seeking compensation.

With a proven track record throughout Nevada, you can trust us to handle your case with care and expertise.

Don’t wait to find out if you have a case. Contact Hill Firm for a free consultation today and let us put our experience to work for you.