Is It Wrong to Sue After An Accident?
If you’ve been injured in a car accident, you may be unsure whether it’s the right decision to sue the other driver involved. Medical bills and auto repairs can be expensive, and pain and suffering can be devastating. As you work with the insurance companies involved, you may be wondering when and how to make the decision to sue for compensation for your injuries.
ACCIDENTS HAPPEN – THAT IS WHY INSURANCE IS REQUIRED
Car accidents are going to happen, we see a lot of Las Vegas car accidents. People get hurt in car accidents. The State of Nevada requires every driver to carry at least a minimum amount of insurance to protect the citizens and visitors in Nevada when an accident happens.
The insurance companies’ job is to make educated guesses as to how many accidents will occur and how much damage those accidents will cause. The insurance companies then try to pay as little as possible on each claim. The insurance companies are the only ones who benefit when you are injured in an accident but do not pursue a claim for damages to make you whole because they are keeping your money. So unless you believe the insurance companies have a right to your money, there is nothing wrong with suing for your injuries after a car accident.
Protect Your Ability to Sue
There are some important deadlines to keep in mind that can help you protect your right to sue after an auto accident. First, reporting the car accident and your injuries to the police in a timely matter is important to preserve a record of the crash. Second, in order to pursue compensation, it is necessary to first work with your car insurer to handle your claim.
Nevada is a “fault” state for liability for auto accidents. This means that the driver who caused the car accident is responsible for the property damage, injuries and other damages incurred. In order to win a lawsuit against the other driver, you will need to show that the other driver caused the accident because they failed to act with reasonable care.
Drivers’ Duty of Care
All persons driving on the road owe a duty of reasonable care to others on the road. In other words, a driver must act a reasonably safe driver would act under the same circumstances. In order win your lawsuit or claim, you need to show that the other driver did not act reasonably or violated traffic laws. Specifically, all drivers have the responsibility to drive at a reasonable rate of speed for conditions, maintain control of their care and drive defensively and without distraction or intoxication. Drivers who engage in dangerous practices breach their duty of care toward others on the roadway and create unreasonable risks.
The next step in pursuing a lawsuit involves proving that the other driver was at fault. If you caused the accident due to your own actions, you will find it very difficult to successfully prevail in a lawsuit. However, if the other driver caused the crash due to their dangerous driving, you will have a much greater likelihood of success in working with a Las Vegas injury law firm to secure the compensation that you deserve.
Take Action to Protect Your Rights
When you have been injured in a car accident due to another driver’s dangerous behavior, whether they were driving under the influence, texting while driving, speeding down the roadways or running a red light, you may find that auto insurance want to pay all of your damages. You may be dealing with on-going injuries and ongoing pain and suffering as a result of that driver’s dangerous or negligent behavior. If you are in this situation, a personal injury lawyer at a Las Vegas injury law firm can help you to take action to protect your rights. Contact The Schnitzer Law Firm at 702-960-4050 or use our simple online form to set up a free consultation with no obligation.