What is the Liability for Speeding in Nevada?

While we all understand how dangerous speeding is, it’s still one of the primary causes of serious and fatal injuries in Nevada today. Just last month, nine individuals were killed by a speeding motorist traveling on Consumer Street at speeds of over 100 miles per hour.

Speeding kills. A driver who is moving at unsafe speeds is more likely to lose control or be unable to stop even if they have enough time to react to a potential crash.

The sheer force and impact of a speeding car result in more serious injuries and possible fatalities. While most people assume that the person who receives a speeding ticket is automatically presumed to be at fault, that is not necessarily the case, however.

Who is at fault in an Accident Involving a Speeding Driver?

An at-fault driver can be liable for the damages of others who were injured or killed in an accident. In Nevada, proving fault is critical in injury claims. However, determining fault in an accident is not always easy or clear. In a personal injury claim, the injured party is responsible for proving the negligence of that driver to get compensated for their injuries.

Negligence and Personal Injury Claims

In a personal injury claim, the burden of proof is on the injured party proving that the other driver acted negligently. Proving negligence has four specific parts:

• Proving the other driver had a duty of care to drive safely
• Proving the other driver breached their duty
• Proving the injuries were caused by that breach
• Proving that damages resulted from those injuries

While proving negligence can be complicated in many cases, speeding is a common form of driver negligence. When a driver is in violation of state safety laws, as they are when they are speeding, there is a presumption of negligence on the part of the speeding driver, which can make it easier for an accident victim to pursue an injury claim.

What compensation is an accident victim entitled to?

An accident victim who has sustained injuries in a crash involving a speeding driver may be able to recover compensation from that driver. These include

• Medical expenses, emergency transportation, emergency care, hospitalization, surgery, doctor fees, prescription medications, medical equipment, and rehabilitation costs
• Damage to personal property such as your car or personal items inside it
• Lost wages if you are unable to work during your recovery
• Potential future medical costs as they may be related to your injuries
• Loss of earning capacity if you cannot return to your type of employment
• Pain and suffering that you have experienced because of the accident
• Emotional distress and mental health issues stemming from the accident

If you have been injured by a speeding driver in Nevada, you should get the assistance of a skilled Las Vegas personal injury attorney to ensure that you get all compensation possible for your injuries.