Distracted Driving Accident Lawyers in Las Vegas
There’s no excuse for distracted driving. But far too often, people don’t give their full attention to the road. If you were hurt in a distracted driving crash in Las Vegas, Nevada law allows you to seek compensation for your injuries through a personal injury claim.
Distracted driving accidents can have serious consequences. You’re hurt. You can’t work. Yet the medical bills keep rolling in. The sudden and unexpected drop in income often puts victims in a precarious financial position. That’s when it’s time to contact an experienced car accident lawyer.
Contact THE702FIRM Injury Attorneys today. Our proven Las Vegas attorneys have more than 130 years of combined experience helping clients who have been injured in accidents caused by another’s recklessness. We’ll fight to hold the distracted driver in your case accountable for all of your injuries and losses.
Don’t wait to pursue the justice you deserve. Call us today or visit our online contact page to schedule a free consultation.
What Is Distracted Driving?
According to the Nevada Department of Motor Vehicles, there are three primary types of distractions that can occur while driving:
- Visual: A visual distraction occurs when drivers take their eyes off the road. Reading a text message or turning to assist a child in the backseat are both examples of visual distractions that can lead to collisions.
- Manual: Drivers who take their hands off the steering wheel are manually distracted. Texting, eating, adjusting the stereo, or reaching for an item are manual distractions that can affect a driver’s ability to fully control his or her vehicle.
- Cognitive: Anything that keeps the driver’s mind off the road is a cognitive distraction. Talking on the phone, singing to music, and even talking to passengers can pull the driver’s attention away from the task of driving without realizing it.
Texting or using a cell phone while driving are widely considered the most dangerous forms of distracted driving because they incorporate all three forms of distraction.
Common Types of Distracted Driving
In addition to texting and cell phone use, other types of distracted driving activities include:
- Adjusting the stereo or climate controls
- Personal grooming
- Reading, including maps or GPS navigation devices
- Looking at billboards or scenic views
- Reaching for fallen objects
- Looking in a purse, wallet, or briefcase
In Las Vegas, there is no shortage of roadside distractions, from the glitz of the Vegas Strip to the expansive views of the Mojave Desert. However, drivers have a legal obligation to keep their eyes on the road to keep motorists and pedestrians safe. When they fail to do so, they can be held liable for their negligence if they hit and injure someone else.
Distracted Driving Accident Statistics
Distracted driving accidents are alarmingly frequent. The most current statistics from the National Highway Traffic Safety Administration (NHTSA) show that 2,841 Americans were killed in distracted driving accidents in a recent year. Of that number:
- 1,730 of those killed were drivers
- 605 were passengers
- 400 were pedestrians
- 77 were bicyclists
Mobile devices remain the most serious threat. A NHTSA survey found that 77 percent of Americans said they talked on a cell phone at least some of the time while driving.
- Additional facts about distracted driving underscore just how dangerous it can be:
- Nearly 700 people are hurt on a daily basis due to distracted driving accidents. That adds up to more than 250,000 people hurt every year in distracted driving crashes. (National Safety Council)
- Many drivers believe that texting or talking on the phone make no difference whatsoever on their driving performance. In one study, at least half of all drivers said talking on the phone didn’t impact their driving. Around 25 percent of all drivers said texting while driving had no impact on their ability to drive safely. (NHTSA)
- In a survey, only 40 percent of all respondents said that they would speak up if their driver was talking on the phone while driving. However, 75 percent of passengers said they would say something if their driver was texting while driving. (NHTSA)
- Around 57 percent of people say they eat or drink while driving. (The Zebra)
- Roughly 9 percent of drivers acknowledge that they feel pressured to answer a text message as soon as it comes in. Around 7 percent feel that same pressure to respond immediately to work e-mails or messages. (The Zebra)
- 1 in 3 female drivers admit to taking photos while driving. (The Zebra)
While this data is disturbing on its own, researchers suspect that distracted driving plays a role in more crashes than the figures tell. That’s because it can be difficult to determine whether drivers were distracted at the time of the wreck unless they admit it or there is visual proof or witness statements to support the claim.
Damages in a Distracted Driving Claim
At THE702FIRM Injury Attorneys, our distracted driving lawyers will demand maximum compensation for all of your physical, financial, and emotional losses. In Nevada, accident victims can be awarded compensation for damages included but not limited to:
- Past, current, and future medical bills
- Lost wages
- Lost earning potential
- Pain and suffering
- Mental distress
- Lost enjoyment of life
- Punitive damages
When you file a claim, it will go to the at-fault driver’s insurance company. An adjuster will be assigned to investigate your case and determine an initial settlement amount. Keep in mind that the offer will always be lower than what you truly deserve. The best way to learn what your claim is worth is by working with a knowledgeable car accident attorney.
A distracted driving lawyer will know how to put a value on your claim by looking at the facts, the damages, and how cases similar to yours have settled in the past. This will help prevent insurers from getting away with lowball settlement offers that that won’t meet your current and future needs.
Establishing Negligence is Essential
The key to winning a distracted driving claim is proving that the other driver was at fault for the accident. This is called proving negligence.
There are four elements to a negligence case:
- Duty: Drivers have a responsibility to do everything in their power to keep others safe from harm. You must be able to show that the distracted driver had a duty to do this in your case.
- Breach: Once you have established that the driver owed you a duty of care, you must prove that he or she broke, or breached, that obligation to you. For example, providing video showing that the driver was texting at the time of the collision could help establish that a breach occurred.
- Causation: You need to show that the driver’s distraction directly contributed to your injuries.
- Injury/damages: Finally, you need to demonstrate that you suffered injuries that require compensation to make you “whole” again. Damages can be economic, which are meant to reimburse you for direct financial losses that can be calculated. You can also be awarded non-economic damages for losses that aren’t tangible but are no less real, such as pain and suffering. Punitive damages are sometimes awarded to “punish” distracted drivers for their particularly reckless conduct.
Distracted driving is certainly a negligent action. But these cases aren’t always simple to prove. That’s why you should reach out to a distracted driving lawyer as soon as possible after the wreck. An attorney will be able to gather the necessary evidence to show why you deserve full and fair compensation from the at-fault driver.
How to Prove a Driver Was Texting
Texting is one of the most common forms of distracted driving. If you were hit by a driver who was texting at the time of the crash, there are several ways to prove it:
- The driver may admit it.
- Witnesses may provide testimony that they saw the driver texting when the wreck happened.
- Video footage from red light cameras or dash cams lots that might have captured the distracted driver texting behind the wheel.
- A distracted driving lawyer can subpoena cell phone records from the driver’s carrier.
- An attorney can investigate whether the driver was cited for texting while driving at the scene of the crash or in the past.
If you decide to file a claim after being hit by a distracted driver, make sure to do it quickly. In Nevada, you only have two years to file a distracted driving claim. While that may seem like a long time, it’s best to act quickly to prevent valuable evidence from being lost, destroyed, or erased.
How Can THE702FIRM Injury Attorneys Help Me?
If you’ve been involved in a distracted driving accident in Las Vegas, a skilled attorney from THE702FIRM Injury Lawyers can help with every part of the claims process. We will:
- Listen to your story and review your legal options in a free consultation
- Manage all talks with the insurance company to push for a settlement that reflects the true extent of your losses
- Collect physical evidence, witness statements, medical records, bills, and other information that shows exactly what the distracted driving accident has cost you
- Build a strong and persuasive argument that stands up to challenges from the insurance company
- Fight aggressively so that you are not unfairly blamed for the crash
- Negotiate fiercely on your behalf
- Take your case to trial, if that’s what it takes for you to be fairly compensated
- Communicate with you every step of the way
Our lawyers don’t want concerns about cost to stop you from getting legal representation. THE702FIRM Injury Attorneys takes cases on a contingency fee basis. That means that you pay no upfront costs for us to work on your case. We only collect a fee if we win a settlement or verdict on your behalf.
We can get started on your case right away. Call now or fill out our online contact form for a free consultation.