Nevada Car Accidents : Determining Fault

Having a car accident can be one of the most traumatic experiences you have in life

. There may be injuries as well as property damage that must be dealt with and to top it all off, there could be a dispute as to who is at fault.

After you report the accident to your insurance company, it is left to them to determine who will be held liable. While traffic citations and police reports certainly help, these things do not necessarily guarantee that one driver will be found to be at fault. Insurance companies typically send a person to investigate the accident, also known as an insurance adjuster. The insurance companies main concern is to find the other party, who is not their client, responsible for the accident.

In many car accidents, a person can be found liable if it’s determined they acted negligently. This means that the person acted so careless in his actions that it resulted in injury to another person and/or property. Examples of negligent acts would include failing to yield, speeding, or running a stop sign or a stoplight.

Even people not found to be directly involved in the accident could be found negligent. This is known as “vicarious liability”. If you suffered injuries in a car accident, it may be possible for you to recover from the party who is amply insured. For example, if the other driver was in a company vehicle and actively on duty when the accident occurred, the company may be liable depending on the facts of the case.

There is also a theory of negligence called “strict liability”. This means where a corporation or business fails to ensure people are safe, they could be negligent and held responsible as a result. For instance, if there is a known defect or malfunction in a car that was not repaired or recalled and as a result of the defect there was an accident the corporation or business may be legally liable for failure to rectify the situation.

Of course you have driver responsibilities that will also be considered in determining fault in a car accident. Your first driver responsibility is “lookout”. This means your full attention must be given to the road and you should always be alert. “Avoidance” is your second responsibility, which means you should do everything you can to avoid an accident. For example, if a car swerves in your lane, you are expected to take some action to avoid an accident. Lastly, you are required to obey the rules of the road. This means if you break a traffic law and get into an accident, you may be considered at fault.

by: Keith. Pickard.

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