Battle Born Injury Lawyers | March 9, 2024 | Personal Injury
Most personal injury claims in Reno are based on negligence. However, negligence per se may also be used to prove that another party is responsible for causing your injuries and damages. The primary difference between negligence and negligence per se in a Nevada personal injury claim is violating a safety law.
Defining Negligence in a Reno Personal Injury Case
At its core, negligence is acting carelessly. It means that your conduct failed to meet the level of care that a reasonable person would have used under similar circumstances. A person can be negligent because of things they did or failed to do.
The legal elements of a negligence claim begin with establishing the party was under a legal duty of care. For example, drivers in Nevada have a duty to obey traffic laws. They also have a duty to operate their vehicle in a safe manner.
Therefore, if a driver makes an illegal turn or drives while texting, a jury may decide they failed in their duty of care. That is the second element of a negligence claim – breach of duty. The party that caused your injury must have failed to meet the standard of care for a specific situation.
After establishing a duty of care and breach of duty, you must prove that the party’s breach of duty directly and proximately caused your injury.
For instance, texting while driving might be considered negligent behavior. However, you must prove that the driver’s conduct caused the crash. For instance, while looking at a cell phone, the driver ran a red light, causing the accident.
The last element of a negligence claim is damages. You must have sustained injuries, harm, and other damages. You do not receive damages if you were not harmed because of the party’s negligence.
Proving Negligence for a Personal Injury Claim
The burden of proof for compensatory damages is by a preponderance of the evidence. A jury must believe it is more likely than not that the defendant caused your injuries. In other words, there is more than a 50% chance that the facts you allege are true.
Evidence in a personal injury case can include, but is not limited to, physical evidence, testimony, and documentary evidence. For example, a car accident case might include testimony from the drivers, medical records, photographs of the accident scene, expert opinions, and eyewitness testimony.
Sometimes, the evidence is clear. However, there are cases where the evidence might not be strong enough to establish fault. In those cases, negligence per se could help prove the case.
What Is Negligence Per Se for a Reno Personal Injury Case?
Negligence per se is a way of establishing negligence in a personal injury case. A person may be presumed negligent if they violate a safety statute or regulation. By breaking the law, the person is automatically considered to have breached their duty of care.
For example, Nevada has enacted traffic laws for public safety. The traffic laws include basic rules for driving at proper and reasonable speeds.
Drivers are required to obey speed limits, including a duty to decrease speed under certain circumstances (NRS §484B.603). If drivers violate the state’s speed limit laws, negligence per se might apply. You would need to prove that the driver caused the accident and you sustained damages to win the case.
However, negligence per se is a rebuttable presumption. It only shifts the burden of proof to the defendant to prove they were not negligent. The defendant can present evidence refuting the claim. It is up to the jurors to determine whether the defendant’s evidence is sufficient to prove they did not breach their duty of care.
What Should I Do if I Am Injured Because of Another Person’s Negligence?
Nevada personal injury laws provide for economic and non-economic damages when another person negligently causes your injuries. You could receive compensation for your medical bills, property damage, pain and suffering, and other damages.
An experienced Reno personal injury attorney can help you prove your case. An attorney has the resources to investigate your claim and gather evidence proving negligence. After seeking medical treatment for your injuries, you can schedule a free consultation to talk with a personal injury lawyer about your legal options.
Contact the Reno Personal Injury Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Reno and you need legal assistance, contact our personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768
Battle Born Injury Lawyers
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287
