If you’ve been involved in a car accident in Nevada, understanding the legal concept of “negligence per se” is crucial for assessing the viability of your claim. This legal doctrine could significantly impact the outcome of a personal injury case. Dobberstein Law Group, with its skilled personal injury lawyer in Henderson, Las Vegas, can offer crucial guidance.
What is Negligence Per Se?
Negligence per se is a legal doctrine that simplifies the process of proving negligence by establishing certain violations of law as inherently negligent. When an individual fails to comply with a statute or regulation, and this violation leads to an accident that causes harm, negligence per se may be applicable.
This principle is particularly relevant in the context of car accidents where adherence to traffic laws is paramount. Under Nevada law, negligence per se occurs when four criteria are met:
- Violation of a Law: There is a clear breach of a statute or regulation.
- Law Designed to Prevent Harm: The law violated must have been enacted to prevent the type of harm that occurred.
- Harm Caused by the Violation: The injury must be directly related to the violation of the law.
- Protection of the Injured Party: The injured party must be among those the law intended to protect.
For instance, Nevada Revised Statutes (NRS) 484B.307 explicitly requires drivers to obey traffic signals. This statute aims to prevent accidents at intersections, a common site for vehicle collisions. When a driver runs a red light and causes an accident, this violation can trigger the application of negligence per se, presuming the driver’s negligence without needing further proof.
The application of negligence per se greatly assists victims in personal injury cases by reducing the burden of proof. Instead of having to demonstrate that the other driver owed a duty of care and breached that duty, a victim can primarily focus on the damages suffered and the direct link to the violation.
The Role of Negligence Per Se in Car Accident Claims
Negligence per se significantly modifies the conventional approach to establishing fault in car accident claims. This legal concept shifts the focus from the broad obligations of care to specific legal violations that directly relate to the accident. In traditional negligence cases, the plaintiff must prove several elements to establish liability:
- Duty of Care: The defendant had a legal obligation to act with reasonable care towards others.
- Breach of Duty: The defendant failed to fulfill that duty through action or omission.
- Causation: The defendant’s breach directly caused the accident and the plaintiff’s injuries.
- Damages: The plaintiff suffered actual losses or injuries as a result.
However, negligence per se streamlines this process in cases where the defendant has violated a specific law meant to prevent the type of accident that occurred. By doing so, it automatically establishes that the defendant breached a duty of care, as long as the injury caused was the type the law intended to prevent.
The doctrine of negligence per se is rooted in the idea that laws and regulations are put in place to protect the public. When these laws are broken, and harm results, the breach is inherently considered negligent. For instance, traffic laws are designed to reduce the risk of accidents and enhance road safety. When these laws are ignored, and an accident results, negligence per se can be invoked to establish liability swiftly.
In Nevada, the applicability of negligence per se in car accident litigation is particularly significant due to the state’s busy roads and high rates of traffic violations. Legal standards, such as those outlined in the Nevada Revised Statutes, clearly define actions that constitute traffic violations, such as speeding, illegal turns, or failing to yield, which can all be pivotal in negligence per se cases.
For anyone seeking legal representation after an accident, understanding how negligence per se can aid your case is critical. Dobberstein Law Group, with extensive experience across Nevada courts, can help articulate how this doctrine applies to your specific situation. Learn more about our approach to personal injury on this page.
Call Dobberstein Law Group Today
Selecting an experienced legal team is paramount for leveraging negligence per se in your claim. Dobberstein Law Group, with its commitment to quality representation and fair pricing, stands as a prime choice for those affected by car accidents in Las Vegas. If you’re looking for guidance after an accident, reach out to our Las Vegas accident lawyer today.