Is distracted driving illegal?
Although all forms of distracted driving are dangerous, they are not all illegal. For starters, most states have deemed handheld cellphone use while driving to be illegal, while there are no laws in place to address eating, applying makeup, grooming, and other dangerous activities. So, you may find yourself wondering… if these actions are not illegal, how can a distracted driver who is responsible for a crash ACTUALLY be held responsible for the accident?
Nevada determines fault through formal legal proceedings where the Nevada Rules of Evidence apply. Although eating, drinking, and self grooming while driving isn’t necessarily illegal, it is reckless, and a reasonable person would probably agree that engaging in these activities while driving is hazardous. Therefore, a driver who engages in distracted driving that results in a crash can, and usually will, be held accountable based on their direct negligence.
Determining liability in a distracted driving case
Liability in distracted driving cases is easier to establish because engaging in distracted driving is negligence per se. Negligence per se is a legal tactic that can be used to jump over the liability hurdle. However, causation and damages still need to be established by a highly skilled and experienced attorney, to ensure that you will get adequate compensation for injuries.
Filing a claim after a distracted driver hits you
If you wish to make a claim against a driver for distracted driving, you must contact an experienced car accident attorney that can properly negotiate a claim or file a lawsuit on your behalf. Don’t delay, you should get the Injury Firm | Las Vegas on your side before speaking with any insurance companies to ensure the proper foundation of your personal injury case. Don’t forget that if you don’t have health insurance, we can still get you seen by a doctor, which is the first step to recovering from your injuries.
How can I prove that the driver who hit me was distracted?
The basis of winning any car accident claim is proving that the other party was at fault for your damages and injuries. Unfortunately, this is not always an easy task, it is definitely not as easy as proving negligence in other cases, such as a slip and fall, driving while under the influence, or medical malpractice. That is why it is imperative that you gather the following information as quickly as possible, alongside any video footage of the accident scene, following collision:
- Witness testimony or statement
- A testimony of the other driver or a statement
- Police reports; and
- If you can gather these, obtain reports from your opposing party’s phone company to determine whether a text or phone call was made that could have caused the collision.
This evidence can be incredibly difficult to obtain by yourself. That is why it is highly recommended that you work with an experienced personal injury attorney who can evaluate the scene and work with experts to obtain supporting documentation, like phone records!