If an accident occurs while using public transport in Las Vegas or elsewhere in Nevada, you may be eligible for financial compensation from many different parties – including the city or state government. It is important to understand your rights, and to recognize when it’s in your best interest to hire a Las Vegas car accident attorney after this type of accident.
Nevada’s Liability Laws
Nevada is a fault state, not a no-fault state, when it comes to who pays for an automobile accident. This means injured parties can seek financial compensation from those at fault for their accidents. While this rule can mean greater financial recovery for victims, with available damages such as pain and suffering, it also means the filing party must prove fault to be eligible for compensation.
Harmful traffic accidents involving public transportation such as city buses or The Deuce in Nevada are often caused by the same mistakes and acts of negligence (failure to exercise proper care) as standard car accidents. This includes careless operator errors, reckless driving, employer negligence and poor vehicle maintenance. Identifying the cause of your public transport accident can inform you of your rights.
A Public Transit Authority
The Regional Transportation Commission of Southern Nevada (RTC) may be liable for an injury that occurs on public transport if it or one of its constituents was negligent. The RTC is the owner of several major forms of public transportation in Nevada and the Las Vegas area. If the RTC is negligent as an entity or employer, it could face direct or vicarious liability for a related accident. If the RTC failed to ensure proper operator training and hiring practices, for example, it may be responsible for an accident caused by operator negligence. The RTC can also be held accountable for injuries that occur onboard public transport outside of collisions, such as slip and falls, injuries from overcrowding, attacks from negligent security, and equipment malfunctions.
The Vehicle Operator
Public transport operators must carry valid commercial driver’s licenses (CDLs). They have to undergo special training and certification to transport passengers. If a public transport operator is careless or reckless, this can cause a disastrous accident in Nevada. Examples include:
- Speeding
- Distracted driving
- Cell phone use, such as texting and driving
- Operating under the influence
- Driving while fatigued
- Violating federal regulations
- Aggressive driving or road rage
- Following too closely
- Making unsafe lane changes
- Failing to yield the right-of-way
When an investigation finds that a bus driver or another public transit operator was negligent in connection with a harmful incident, the individual could be held personally liable. It is more common, however, for public transit authorities to be held vicariously liable for driver and operator mistakes as the employer.
A Third Party
Third parties refer to entities that contribute to an accident or injury in some manner but are not directly involved. Examples include part and product manufacturers, maintenance teams, contractors, subcontractors, and property owners. Identifying all liable parties in your case can allow you to maximize your financial recovery, offering more than one insurance policy for coverage. If you were recently injured in a public transport accident in Nevada, contact Koch & Brim, LLP. We will listen to your story, assess your case and help you determine who could be liable during a free consultation.