In April, this blog discussed a bit about the concept of negligence in Nevada and, more specifically, what the elements of such a claim would be in a civil case to recover damages due to, say, a motorcycle accident. We also touched on the elements of legal duty and breach of that duty as the first part of such a case. Some may realize that simply having a breach of a legal duty will not be enough to impose liability, however. The next part of a negligence case is showing causation; that is, did the injuries in the accident result from the breach of duty claimed?
"Grow a spine!" "Get some backbone!" These and other idiomatic expressions abound. But, while they may be useful in getting ideas across, often in a humorous way, actual spinal cord injuries are no laughing matter. It is an unfortunate fact that people cannot literally grow a spine, and when it is damaged in a car accident, medical malpractice incident, or other tragic situation, the result is that a victim's life is altered forever.
Nevadans are generally a hardy lot. Whether it is the old frontier mind-set or just a byproduct of the harsh, but beautiful, environment, Nevada residents tend remain stoic. However, dealing with an insurance company after a serious car accident can have a detrimental effect on even the calmest individual.
Most Nevada drivers are probably aware that the law requires them to carry insurance coverage for their vehicles. That is, they are not allowed to drive on the public streets unless they can show they have at least, a minimum amount of automobile liability insurance.
We have all seen the public service announcements by the government. These commercials by groups, like Mothers Against Drunk Driving (MADD), and the warnings from law enforcement about stricter monitoring of drunk driving. Yet, every day, people get behind the wheels of motor vehicles after having had too much alcohol. And, it often leads to drunk driving accidents, and sometimes, to death.