How to Prove Negligence in a Car Accident

When someone else causes a car crash, they should be responsible for covering the costs of your injuries and other losses. However, to obtain the compensation you deserve, the law requires you to prove their liability. This involves proving they were negligent in causing the accident. 

While the driver’s negligence might seem obvious to you, proving it in legal terms can be much more complicated. Always contact a Reno, NV personal injury lawyer from Kidwell & Gallagher Injury Lawyers to handle this process for you. 

How Can You Prove Negligence in a Nevada Car Accident?

In Nevada, negligence in a traffic collision is proven by establishing four essential elements:

• Duty of care: Every driver is legally required to operate their vehicle safely and follow traffic laws.
• Breach of duty: If a driver violates that duty—speeding, driving under the influence, or failing to yield—they have breached their duty of care.
• Causation: You must show that the breach of duty directly caused the accident and your injuries.
• Damages: Finally, there must be measurable damages, such as medical bills, lost wages, or pain and suffering.

In Nevada, these elements are the foundation of any personal injury claim. The injured party bears the burden of proof, meaning gathering as much evidence as possible is essential. If you’re unsure how to start, an experienced attorney can help you navigate these steps and meet Nevada’s legal standards. 

Car Accident Liability Is Based on Negligence in Nevada

Nevada follows a comparative negligence rule, which can affect the amount of compensation you receive. Under this rule, you can still recover damages even if you are partially at fault for the accident—as long as your fault does not exceed 50%. For example, if you were 20% at fault, your compensation would be reduced by 20%.

This rule makes it vital to minimize any liability on your part, as higher percentages of fault can significantly reduce your settlement. If the other party is more than 50% responsible, they can be liable for your losses. 

An Overview of the Evidence You Can Use to Prove Negligence

Gathering strong evidence is indispensable to proving negligence in a car accident case. Here are the most important types of evidence to collect:

• Police reports: Always call the police after an incident. The report they create often contains critical information, including fault assessments.
• Witness statements: If any bystanders witnessed the incident, get their contact information and a brief statement. Their testimony can help corroborate your version of events.
• Photographs: Take photos of the scene, the damage to your vehicle, and any visible injuries. This visual evidence can be invaluable when determining fault.
• Medical records: These documents will prove the extent of your injuries and the treatment you received. Make sure to seek medical attention immediately after the crash to create a clear record.
• Surveillance footage: In some cases, nearby cameras may have captured the situation. An attorney can help you obtain any available footage from traffic or security cameras.

This evidence can be fundamental in establishing who was negligent in your accident. The more documentation you have, the stronger your case will be.

Building a Strong Case

Insurance companies will not volunteer to pay you a settlement. Instead, they want you to prove their policyholder’s liability through evidence, addressing each legal element of negligence. Having a Reno injury attorney is essential from the start of this process. 

Gathering Evidence

To prove negligence in a car accident case, you need strong evidence that demonstrates the other party’s fault. Here are some crucial steps to help you and your lawyer gather the necessary evidence:

• Take photos and videos: Document the accident scene, including vehicle damage, skid marks, road conditions, and injuries. Visual evidence can be compelling in establishing fault.
• Collect witness statements: Speak to any witnesses at the scene and ask them to provide their contact information. Eyewitness testimonies can support your version of events.
• Obtain the police report: If law enforcement responded to the accident, request a copy of the police report. It often contains valuable details and assessments of fault.
• Retrieve medical records: Seek immediate medical attention after the accident and keep a record of all medical treatments and expenses. Medical documentation can demonstrate the extent of your injuries and their connection to the accident.
• Preserve relevant documents: Keep copies of all documents related to the accident, such as insurance policies, repair estimates, and correspondence with the other party’s car insurance company.

Establishing Negligence

To establish negligence, your attorney must prove the following elements:

• Duty of care: The other party had a legal obligation to exercise reasonable care while driving to avoid causing harm to others.
• Breach of duty: The other party failed to uphold their duty of care by acting in a negligent or reckless manner, such as speeding, running a red light, or driving under the influence.
• Causation: The other party’s breach of duty directly caused the accident and resulting injuries.
• Damages: You suffered actual damages, such as medical expenses, property damage, lost wages, and pain and suffering.

By presenting compelling evidence, your lawyer can demonstrate the negligence of the other party and strengthen your claim.

Reno Car Accident Attorneys Ready to Help You

If you’ve been involved in Nevada and need assistance proving negligence and securing fair compensation, turn to our car accident lawyers in Reno. Our experienced legal team understands the complexities of car accident cases and is committed to fighting for your rights. 

Contact us today to schedule a free consultation. We are here to guide you through the legal process and ensure you receive the compensation you deserve.

Craig Kidwell

Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.

• With more than 21 years of experience in complex litigation cases in Nevada.
• In 2018, the State Bar of Nevada selected Mr. Kidwell as one of the five co-founding board members.
• Mr. Kidwell has lobbied and testified before the Nevada Legislature on behalf of the Nevada Justice.