Roads in Las Vegas and throughout Nevada are not always properly maintained or kept in fair condition. Heavy wear and tear on major roads and freeways, along with high temperatures and dry weather conditions, can lead to many roadway defects and hazards. If a dangerous road hazard causes a car accident, the party responsible for maintaining the road can often be held liable through a car accident legal claim.
Who Is Responsible for Road Safety?
Road safety falls under a property owner’s legal responsibilities in Nevada. The owner of the roadway has a duty to ensure that the road remains reasonably safe for users, whether the owner is an individual (private property), business (commercial property) or government agency (public property).
The owner of the premises has a legal obligation to conduct reasonable inspections to search for new road hazards, remedy known or discovered defects in an appropriate amount of time, and warn drivers of potential safety issues.
If a road hazard such as a pothole, crack, uneven shoulder, loose gravel, debris or construction zone is negligently handled by the property owner, this can be enough for a victim to hold the owner responsible for a related car accident.
Who Can Be Held Liable for a Crash Caused By Dangerous Roads?
Under Nevada’s fault-based law, the party at fault for causing an automobile accident will be held liable or financially responsible for damages. In a case involving an unreasonably dangerous roadway, the liable party is often the owner of the road, as this party has a duty to protect drivers with proper road upkeep and maintenance.
Possible liable parties include:
- The municipal (city) government
- The Nevada State government
- The federal government
- A private property owner
- A casino, hotel or business
In addition, if a crash occurs in a dangerous construction zone, a construction company or contractor could be held liable for failing to maintain a safe work area. Other possibilities include at-fault motor vehicle drivers and vehicle or part manufacturers.
Proving a Road Hazard Claim in Nevada
Road hazard cases fall under Nevada’s premises liability laws rather than car accident laws alone. A plaintiff (or injured party) will have to prove that the party named as the defendant had a legal obligation to keep the road safe as the owner or controller, but failed to fulfill this duty of care.
Then, there must be evidence that the breach of duty directly caused the car accident and the victim suffered real harm as a result, such as medical bills and property damage. Proving a road hazard case typically requires evidence documenting the defect or problem, such as photographs, videos, prior complaints sent to the owner, a police report, and testimony from witnesses or experts.
Unique Rules Apply to Claims Against the Government in Nevada
If a car accident occurs due to a defect on a public roadway in Nevada, the subsequent claim will fall under the jurisdiction of the Nevada Tort Claims Act. This act enforces special laws and rules when it comes to holding a government agency liable for injuries.
One of the key differences is that Nevada Revised Statutes §41.031 makes it difficult to hold a government agency liable for injuries caused by the government’s failure to inspect a street or public highway to determine any hazards.
It’s important to work with an experienced personal injury attorney in Las Vegas for help with your road hazard claim. Your lawyer can navigate all the laws that apply to your case and help you overcome potential obstacles that could get in the way of your financial recovery.