If you were injured in a car accident, you will first need to prove the other driver caused the crash. In many cases, this may not be clear cut. However, in certain types of accidents, the legal theory of predetermined fault—also known as predetermined negligence—could make establishing the other motorist’s liability much easier. In these cases, you may not even need to file a lawsuit to obtain the compensation you could be entitled to.
Types Of Car Accidents Where Predetermined Fault Could Make Proving Fault Easy
In a predetermined fault case, the other driver was so obviously negligent that his insurance company and his attorney will most likely consider arguing about his liability a waste of time. This occurs in these types of crashes:
Rear-end collisions.
A driver is required to maintain a safe distance between his vehicle and the one in front of him to ensure he has adequate time to slow down or stop when necessary. The standard is that the driver should maintain a distance of one car length for every 10 miles per hour of speed or a distance so he has two seconds to stop if necessary. In most rear-end collisions, the driver was not maintaining a safe distance, and it is impossible for him to prove otherwise.
Left–turn collisions.
Before turning left, a driver must be certain he has a protected green arrow giving him right of way or that all oncoming vehicles travelling in the opposite direction have passed through the intersection. If he turns into the path of another vehicle, he will most likely automatically be considered at fault.
Have You Been Involved In A Henderson Or Las Vegas Car Accident?
If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Henderson office directly at 702.405.6000 to schedule a free initial consultation.