Many people assume a car accident has to be the fault of one of the drivers. Human error is, after all, the number one cause of vehicle collisions in the U.S. Yet, not all accidents involve a driver’s fault – or even more than one driver. A single-vehicle car accident could involve just one car but still point to someone’s fault other than the driver. The driver might not be responsible for the auto accident, for example, if a defect such as a hazardous road was to blame for the collision.
Common Roadway Defects in Las Vegas
Consistent heavy traffic, extreme temperatures and dry, rocky terrain make it difficult to maintain safe roads in Las Vegas. The stretch of I-15 in Nevada from Las Vegas to Los Angeles, for example, is the second most dangerous road in the country based on fatal accident rates. Local roads in Las Vegas can fall behind in maintenance and contain many defects that prove dangerous for drivers.
- Loose rubble
- Dangerous construction zones
- Parked ambulances or police cars
- Uneven shoulders
- Missing guardrails
- Fallen trees
- Downed power lines
- Debris in the road
- Obstructed street signs
- Missing signs
- Poorly designed roadways
- Confusing road markings
Each day, hundreds of car accidents in the U.S. occur due to hazardous road conditions. While these crashes include acts of God such as bad weather and animals crossing, they also stem from preventable roadway defects. It is the city’s responsibility to maintain its roads and highways. Failure to do so could point to city liability.
Who Is to Blame?
A hazardous road crash in Las Vegas could come down to the liability of the government entity in charge of the road’s safety. The city or state government legally responsible for roadway maintenance may have to pay for a victim’s damages if the crash occurred due to a preventable roadway defect.
If a reasonable and prudent entity would have discovered the hazard and remedied it in time to prevent the crash, the government could be liable for the accident. If a resident complained about the pothole that caused the crash three months prior, for example, this could be proof of negligence. The liable party may also be a third party, such as the construction company that set up a dangerous detour. The liable party will be the one most responsible for causing the hazardous road accident.
How Can an Attorney Help?
A Las Vegas car accident attorney can help you understand who or what caused your crash. A lawyer will have connections to investigators and other resources to determine the underlying cause of your car accident. Whether it involved another driver, or your injuries came from a single-vehicle collision, a lawyer can search for signs of a hazardous roadway to see if the City of Las Vegas might share liability for your damages. Your lawyer can also obtain any evidence related to your claim, including police reports, photographs, video footage, eyewitness statements and medical records, to help build your case.
If an attorney does find evidence assigning fault to a hazardous roadway, he or she can help you bring your claim against the correct defendant. Your lawyer can handle the complicated claim process against a government entity or multiple defendants. A lawyer will understand the unique rules regarding a claim against the government in Nevada. You can focus on recovering from your serious injuries while a lawyer handles legal matters on your behalf.
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You have two years from the date of your hazardous road crash to bring a personal injury lawsuit in Nevada. The same statute of limitations applies even if the defendant is a government entity. A claim against the government, however, comes with a cap (maximum compensatory award) of $100,000 per claim. You cannot recover punitive damages in a claim against the government in Nevada. No matter who the defendant in your hazardous roadway crash is, contact an attorney in Las Vegas to bring a stronger claim to damages.