When someone suffers harm in an accident, one of the most important legal questions that often arises is, What is breach of duty? You deserve to understand your rights after an injury, and in Reno, Nevada, understanding this principle is essential to any personal injury case, especially those involving motorcycles, where the consequences can be life-altering. At Kidwell & Gallagher | Personal Injury Lawyer Reno, we take the time to walk you through every option and help you navigate the legal process with clarity and purpose.
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A successful personal injury claim begins with establishing that someone else had a legal obligation, a duty of care. The circumstances shape this duty. For example, drivers must obey traffic laws and operate their vehicles safely. Property owners are expected to fix known hazards. Liability becomes a real issue when that responsibility is ignored and someone gets hurt.
Every day, the examples we see include:
These situations involve one party failing their duty, resulting in preventable injuries.
According to the State Bar of Nevada, ordinary negligence includes three key elements:
Motorcycle accident victims often meet these conditions. The challenge is proving it without a doubt. That’s where our firm focuses its efforts—from the first consultation through settlement or trial.
In some cases, injuries are worsened not just by the accident, but by the care received afterward. According to Nevada law, professional negligence occurs when a healthcare provider fails to use the level of care, skill, or knowledge that another provider with similar training would use under comparable circumstances.
In claims involving improper medical treatment—delays in diagnosis, surgical mistakes, or poor post-accident care—we incorporate this layer of legal responsibility into the claim, carefully applying Nevada’s unique legal requirements.
Nevada law holds common carriers, such as bus and transportation services, to a heightened standard of care when transporting passengers. If a commercial vehicle operator fails to take reasonable precautions to avoid an accident or injury, they may be liable for breach of duty. This includes reckless driving, vehicle malfunctions, or ignoring road safety protocols.
Identifying the party responsible is critical in motorcycle-related accidents involving larger vehicles or ride-share services, and it often depends on whether a carrier upheld its duty.
Negligence per Se applies when someone violates a law to protect others from harm. In these cases, breaking the law itself is considered evidence of negligence. For example, if a driver runs a red light and causes a crash with a motorcyclist, their violation supports a breach of duty claim without needing to prove reasonableness.
If you were injured in an accident and believe someone failed in their responsibility to keep you safe, we’re here to listen. We’ve proudly stood with accident victims across northern Nevada for over two decades. At Kidwell & Gallagher Injury Lawyers, our commitment is to help you regain control of your life. Call 775-384-6822 now.
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.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.