If you have been involved in an auto accident that was the direct result of a distracted driver, then you should contact the Las Vegas distracted driving attorney at the Injury Firm | Las Vegas right away to determine your rights. Distracted driving is a common cause of auto negligence in this day and age due to the existence of cell phones, smartphones, GPS maps, and fast food. Distracted driving is illegal. Failure to pay full-time attention to the road is grounds for a citation pursuant to the Nevada Revised Statutes. Recently, the legislature has also enacted laws against using your cell phone while driving. Whenever a driver causes an accident while breaking the law, they are negligent per se, which establishes liability in favor of the auto accident victim.
What Is Distracted Driving?
Distracted driving is engaging in any activity that diverts a driver’s attention from the road, whether it be yelling at the children in the back, talking on a cell phone, texting, reading, looking at the scenery, anything that takes the driver’s focus from the road is considered a distraction, and is grounds for establishing liability against an individual. Distracted driving is the number one cause of rear-end accident, but can also result in car accidents, due to running stop signs, running red lights, or merging into another lane. These types of accidents often result in injuries as they will often involve sudden impacts, without any time to prepare.
NRS 484B.165 makes it unlawful to use a handheld wireless communications device to type or enter text, send, or read data, engage in invoice communication, or engage in voice communication without the use of a hands-free device. Failure to abide by that law will result in a citation and can be enough to establish negligence per se for a personal injury case. If you have been injured due to the negligence of a distracted driver, please be sure to contact our Las Vegas accident lawyer immediately at (702) 800-0988.
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.
Related: Henderson Police Department: Warning To Distracted Drivers
Can I file a claim if I was injured by a distracted driver?
If you wish to make a claim against a driver for distracted driving, you must contact an experienced Las Vegas car accident lawyer that can properly negotiate a claim or file a lawsuit on your behalf. Don’t delay, you should contact us 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.
Have you been injured in a Las Vegas distracted driving accident?
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 a 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 Las Vegas distracted driving attorney who can evaluate the scene and work with experts to obtain supporting documentation, like phone records.
If you have been injured due to the carelessness of a distracted driver, you should not have to navigate the complicated legal process alone. There are several steps you should take to ensure your rights are protected following the accident:
Call the local police department: Once you have found a safe spot to use your phone, call the police immediately. Provide a detailed description of the vehicle that hit you and remain there until they arrive. Police officers can help by investigating how the accident occurred and they will provide you with a statement detailing the crash. If you suspect the other driver was intoxicated, it is imperative that you let them know.
Gather critical information: Photographic evidence can and likely will be used in court to help strengthen your case. Take as many photos and videos of the accident scene. Include vehicles, damage, skid marks on the road, and if applicable, collect witness information. If you do not have a camera handy, take down as much information as possible about the distracted driver and their passengers.
Get medical treatment: You should obtain medical treatment as quickly as possible. Keep track of all out-of-pocket expenses and be sure to follow your doctor’s orders diligently.
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 Las Vegas distracted driving attorney, to ensure that you will get adequate compensation for injuries.
Contact a Las Vegas distracted driving attorney
If you have been injured in an accident that was caused by the negligence of another driver, you should call the Injury Firm as soon as possible. Attorney, Brian Boyer, has over a decade of experience, and he has helped his clients recover millions for their injuries. He will immediately begin building a strong case to present to the insurance companies to obtain maximum compensation. If the insurance companies dispute or deny liability, he has no problem fighting on your behalf in trial.
“I got into an accident that wasn’t my fault. When my insurance wanted to hold me accountable for it I didn’t know who to call so I reached out to The Injury Firm. I can’t tell you how satisfied I was! It was like having a personal assistant. They took care of everything for me. I hope I never get in an accident again but if I do, they’ll be the first call I make.” – Omid S.