FREE CONSULTATION (702) 553-1000 You pay nothing until we win.

Relevant Factors in Auto Accident Fault Determination

In Las Vegas, there are several ways to establish who is responsible for causing a particular auto accident. But what aspects of an accident are relevant in a personal injury lawsuit or wrongful death lawsuit – and which ones are irrelevant?

Here is a list of ten factors or conditions. Try to guess which of these ten (if any) can be considered when determining responsibility in an auto accident case.

  1. Driving without a license
  2. Borrowing a vehicle without the owner’s consent
  3. Driving at 30 mph on a road where traffic is flowing at 45 mph
  4. Being a citizen of another country who is in the U.S. legally
  5. Being a citizen of another country who is in the U.S. illegally
  6. Having a previous DUI conviction
  7. Having a previous texting-while-driving conviction
  8. Being a registered communist
  9. Wearing an "I Don’t Heart Harry Reid" T-shirt
  10. Singing a Britney Spears song while driving

Take a little time to write down your answers. Okay, time’s up…

First, let’s look at the list of irrelevant factors:

A. The driving status of an individual in and of itself has no bearing on whether he or she is responsible for an accident (although he or she may be issued a citation for this offense by police)

B. If a driver borrowed a vehicle without the owner’s consent (but did not actually steal it), then it’s irrelevant when determining accident fault (although the vehicle owner’s insurance company may not pay for damages to the vehicle)

D. and E. A driver’s residency or immigration status is a federal issue, and does not factor into whether he or she is accountable for the consequences of an auto accident in Las Vegas

F. and G. Unless the person was intoxicated/texting while driving during the accident in question, a previous conviction on either of these charges is not considered when figuring out who caused the accident

H. and I. Political viewpoints are irrelevant in accidents. Unless the drivers actually were too far left or right while driving (rimshot)

J. He/she may be guilty of being annoying or having no musical taste or talent, but it doesn’t matter in an accident investigation

That leaves only one relevant factor…C.

In Nevada, you can be ticketed for driving too slowly, which is often defined as traveling ten miles or more below the speed of the flow of traffic. If this is a direct cause of the auto accident, this citation can be brought up in a future personal injury lawsuit or wrongful death lawsuit.

How’d you do?