Whether you are a local or just a visitor, it probably does not surprise you to hear that Las Vegas gets substantially less rainfall per year on average compared to almost every other major city in the United States. Unfortunately, that means drivers in this area are not as used to driving through inclement weather as most other Americans are, and that can make them much more likely to drive too fast for road conditions or act irresponsibly in a way that leads to traffic collisions.
Car accidents involving bad weather in Las Vegas can serve as grounds for civil litigation like any other auto wreck. However, those weather conditions can sometimes make it more challenging to efficiently hold someone else liable for causing the crash. Therefore, seeking help from the skilled car accident lawyers at Shook & Stone is a good idea for anyone trying to get paid what they deserve after this type of incident.
Does Driving Recklessly in the Rain Count as “Negligence?”
No matter what the weather is like or where the wreck physically occurs, the legal basis for just about every personal injury claim based on a car accident in Nevada is “negligence.” In brief, someone is “negligent” under Nevada state law if they directly cause someone else to get hurt badly enough to need professional medical care by doing something reckless, careless, or illegal that violated the “duty of care” they owed that injured person.
Typically, proving someone at fault for an auto accident based on negligence means proving that they committed a traffic violation, were driving while drunk or distracted, or were doing something else irresponsible behind the wheel right before the wreck occurred, and then showing that the crash likely would not have happened at all without that reckless act. When it comes to bad weather car accidents in Las Vegas, though, providing evidence of a specific traffic violation may not always be necessary.
How “Comparative Fault” Could Impact Recovery
This is because the “duty of care” all drivers assume while on public roads includes an expectation that they slow down and drive more carefully when road conditions are poor. As a result, showing that someone was driving faster than a reasonable person would in the rain or did not have their headlights on could be enough to hold them legally at fault for an ensuing wreck.
By the same token, though, drivers who get hurt in Las Vegas bad weather car crashes can be found “negligent” themselves if something irresponsible that they did contribute to causing their wreck. As a knowledgeable legal professional could further explain, having “comparative fault” assigned to you in this way could lead to you being denied some or—if you hold a majority of fault for your crash—all of the compensation to which you otherwise would have been entitled.
Get Help from a Las Vegas Attorney With Your Bad Weather Car Accident Claim
No two car accident claims are exactly alike, and that goes double for claims where inclement weather was a factor in the crash happening in the first place. Fortunately, you have help available from well-practiced legal professionals who have handled cases like this effectively in the past.
After a car accident involving bad weather in Las Vegas, speaking with a proactive lawyer from Shook & Stone should be a top priority. Schedule a free consultation by calling today.