Negligence per se occurs when defendants violate a law that was drawn up to prevent the very harm that occurred. For example, Nevada law says it’s illegal to drive while under the influence. Defendants are under the influence if their blood alcohol level is 0.08 or higher. If defendants try a commercial vehicle then their blood alcohol level shouldn’t be 0.04 or higher. Nevada has a law against drunk driving because drunk drivers have slower reaction times and have less appreciation for oncoming traffic and traffic lights. Thus, they put others in danger of causing a car accident that can be fatal. If they hit and injure anyone while drunk, they’re negligent per se.
Should I Settle Or Go To Trial?
Once you’re the victim of a car accident, you may wonder whether you should settle or go to trial. Before we discuss the differences in settlement and litigation and how they can impact your recovery amount, we’ll start by saying that even the best car accident lawyer in Las Vegas NV can’t make this decision for you. A lawyer can only advise you on your options and suggest the likelihood of what can be expected. Whether to settle is solely your choice, however.
Even if you want to settle, you should still have a car accident lawyer at your side. After all, insurance companies will always do what’s in their best interest, so it’s ideal to have a lawyer who argues for what’s in your best interest against an insurance agent who may try to underpay you. Some people choose to settle because they find it’s a much shorter process. A settlement can end after a few weeks. A trial can take months to years to end. Because settlements are a quicker process, they’re more cost effective for the client. If your injuries are severe, you may want the money as soon as possible instead of waiting for your injuries to exacerbate as trial carries on.
But there are some downsides to settling, as well. When you settle, the defendant is not found guilty or not guilty. Thus, if it’s important to you that the defendant is found guilty for, say, reckless driving or driving under the influence, you wouldn’t want a settlement. Not to mention, a settlement can’t later be used as evidence of admission or guilt should you bring a separate suit that stems from the same incident. Also, you won’t get as much money in a settlement as you would at trial. This isn’t to say that you won’t get a fair amount that adequately compensates you, but one purpose of a settlement is that you take a smaller lump sum to quickly resolve the dispute without taking the costly, prolonged trial route.
Going to trial may be preferable if you’re seeking more money, would like a legal record of the case, and would prefer to leave justice in the hands of a jury of your peers. Typically, a jury or judge is more inclined to award an injured plaintiff than an insurance company.