About a month ago, we very briefly outlined the basics of a negligence case that might stem from an accident in Nevada. When someone is injured on the road, there is often a search to determine who is at fault. Negligence is one theory under which an accident victim may hold someone else responsible for his or her injuries, and seek monetary compensation from that individual.
As we touched on previously, there are several elements to a negligence case that might follow injuries in a motorcycle accident. The first step in determining if such a case might succeed is to examine the elements of duty and breach. To hold another driver or entity liable for one’s injuries, the plaintiff will first have to show that the person involved had some legal obligation to the victim, and broke that obligation. In many cases, this legal duty will be the one that all drivers owe to others on the roads to drive with reasonable care based on the circumstances at the time they are driving.
Sometimes, however, there may be other parties that owed a duty. Perhaps a municipal government that knew about a dangerous road condition but abrogated its duty to the public by not acting in a timely manner to repair it or warn motorists about it. Or, an employer might have a duty to others to ensure that its vehicles are well maintained and its employees are sober and not too tired to drive.
Because whether a legal duty existed is generally a question of law rather than fact, a Nevada judge will usually determine if a defendant owed a duty to a plaintiff in any given situation. The question of whether a duty was breached, however will usually be decided by a jury, if there is one. Those with questions about how a motorcycle accident negligence case might work may want to consider contacting an experienced lawyer.