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Determining driver negligence

When a car accident results in a personal injury, affected residents of Nevada might immediately start thinking about how they can prove another driver was at fault for the wreck. Fault in a car accident is referred to by the legal definition of "negligent driving." While negligent driving has a broad definition in casual conversation, its legal definition is slightly different. For example, while a person affected by a car accident may feel the other driver was negligent, in order for a court to agree, there has to be a loss or personal injury.

One way that a court determines negligence is by looking at whether the vehicle was properly maintained at the time of the accident. However, lack of maintenance needs to be a direct cause of the accident in order for it to be a factor in determining negligence. For example, if the accident was caused by the driver following too closely and his or her brakes were worn, that may be considered negligent driving. However, broken headlights during the day when the weather is clear might not be.

The court may also want evidence that the driver was not exercising care when the accident occurred. Failure to exercise reasonable care can include anything from texting while driving to swerving, failing a breathalyzer test and neglecting to wear prescription eyeglasses. Following another vehicle too closely and failing to adhere to traffic laws may also be considered negligent driving.

If a Nevada resident suffers a personal injury in a car accident and believes the other driver was at fault, he or she may consider a consultation with a qualified attorney prior to deciding to take the matter to court. It can be difficult to prove negligence, and an attorney with experience in car accidents may be able to help the affected person assess whether the court will agree that the other driver was at fault.

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