The question of fault is central to any case involving an automobile or truck collision. According to Nevada law, whoever is found to be at fault in an accident must compensate all other parties for their losses. But what if there’s more going on, like a car accident when one of the drivers was using a rental car? A reputable Nevada personal injury attorney can help consumers navigate the complexities of such cases.
Who Is Responsible for Damages, the Driver or the Vehicle Owner?
As per Nevada statute, the driver who is at least 51% at fault in an accident must pay for the damages. The negligent driver is usually liable for damages, even if they were using a rented car. The at-fault motorist is obligated to compensate the victims for their losses, which may include:
- Costs of healthcare
- Reduced pay
- Loss of property
- Consequences of the accident requiring long-term care
- Agony and distress
When might a car owner be held responsible for an accident?
In some cases, the owner of a car can be held accountable even if they were not behind the wheel:
- Careless Trusting
The owner of a vehicle may be held responsible for the activities of a negligent driver if the owner knowingly allows the driver to use the vehicle. Some characteristics of a poor driver are:
- Teenage motorist
- Drive without a license
- The use of drugs or alcohol by an individual
- A person who has repeatedly driven recklessly
Negligent entrustment describes this type of scenario. Damages will be paid for by the vehicle’s owner and their insurance company; the owner may also face other repercussions, like a rise in premiums.
- Careless Upkeep
Owners of motor vehicles have a duty to take reasonable care to maintain the mechanical integrity of their vehicles. This encompasses the likes of regular upkeep, full fluid tanks, correcting any known mechanical concerns, and properly functioning brakes, among other things. The owner of a vehicle may be held responsible for an accident even if someone other than themselves was behind the wheel, if the accident was caused by a mechanical breakdown that might have been avoided with normal maintenance, or if the driver was aware of the problem and chose not to correct it.
- Third-Party Responsibility
Under certain circumstances, such as when an employee is on the clock and performing their job duties, their employer may be held accountable for their negligent acts. When it comes to commercial vehicles like semi-trucks and buses, vicarious responsibility is a common issue faced by Las Vegas car accident lawyers.