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01/28

Drivers Who Fail to Maintain a Safe Vehicle Can Be Liable for Car Accident Injuries

Posted by: Jack Bernstein

car-accident-4There are many causes for car accidents, and many of these causes can be trace back to negligence on the part of at least one of the people involved. Negligence is also something that can arise in many situations, and when applied to crashes negligence can involve more than making a mistake with a driving maneuver. In some cases, a motorist’s negligence can trace back to before he or she ever gets behind the wheel of a vehicle involved in a crash. That’s because all vehicles on the road need to be kept at least minimally safe for operation.

Unfortunately, that duty is not always handled, and dangerous vehicles venture out onto public roads all too often. As a result, crashes will occur when a vehicle that was in an unreasonable state of disrepair predictably malfunctions and causes a crash that leads to injuries. Below you will find a brief overview of these situations. Anyone who has been harmed in a crash that was caused because a vehicle was not properly maintained needs to obtain the help of experienced Las Vegas accident lawyers as soon as possible.

Legal Duty of Care

When it comes to negligence, people generally owe others what is known as a legal duty of care. Put basically, a legal duty of care is a requirement that people do not act in ways that put others in situations of unreasonable risks of harm. When someone fails to properly maintain a vehicle when they either did know or should have known that a certain vehicle was dangerous and then he or she causes a crash because of a problem that arises with that automobile, it will likely be seen as a breach of that legal duty of care.

Legal Fallout

When someone drives a vehicle that has not been properly maintained and causes a crash that leads to injuries as a result, the person or people who have been harmed can respond by filing a Nevada personal injury lawsuit against that motorist. At this point, the injured person or people will need to present evidence that the vehicle was clearly not maintained as it should have been and that failure either directly or indirectly led to the crash that caused the injuries and the losses that a plaintiff incurred.

However, proving this type of a case will require a thorough analysis of the vehicle and a generation of evidence that will show how a defendant failed to meet the legal duty of care. This effort will require professional skill and knowledge of the rules of evidence and procedure. If you or someone you love has been injured because of a crash caused by a faulty vehicle, you need to seek the help of Las Vegas accident lawyers who have been fighting for the rights of those wrongfully harmed for many years. Contact Bernstein & Poisson today to schedule a free initial consultation.

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