Being in a car accident is a terrible experience, but it’s even worse when you know the crash was caused by a driver’s distracted driving. By law, drivers in Nevada owe others on the road a high degree of care in order to keep everyone reasonably safe. If a driver is engaged in distracted driving, such as texting while driving, driving while on the phone, or other forms of distracted driving, this can quickly lead to a serious accident. Distracted driving is especially dangerous when it causes the driver to veer into oncoming traffic, causing a head-on collision. These accidents are usually serious and can result in severe injury and even death.
If you have been injured by a distracted driver, you should reach out to a trusted personal injury law firm like Benjamin Durham Law Firm. An experienced attorney can help you negotiate a fair settlement with the insurance company or sue for damages from the distracted driver if necessary. Personal injury law can be quite complicated, with different parties accusing the other of being at fault. Accident victims deserve to see justice served in a car accident claim, and our experienced injury lawyers from Las Vegas can get the needed results.
What Are Some Forms of Distracted Driving?
Distracted driving can happen in many ways. Regardless of the reason, be it distractions that are visual, manual, or cognitive, a driver should never engage in an activity that takes their focus away from the road.
Visual Distractions
A visual distraction is an activity that causes you to look away from the road. Some examples are looking at the radio, looking at a cell phone, or looking at another passenger in the vehicle. These distractions are dangerous because the driver may not see an obstacle in the road or realize they are veering into another lane of traffic.
Manual Distractions
This type of distracted driving occurs when the person driving takes their hands off the wheel. Checking a text, picking up a cup to take a drink, or putting on make-up are all examples of manual distractions. These actions can cause a delay in reaction time, leading to an accident.
Cognitive distractions
Cognitive distractions happen when the driver is not mentally focused on driving. This includes getting bad news while at the wheel, daydreaming, or even singing while driving. It can be difficult to recognize a cognitive distraction, but these are a real danger to others on the road.
Triple Threat Distractions
When an activity distracts from the road in all three ways, we call this a “triple threat.” Some of the common triple threat distractions are cell phone use and eating while driving. These both require the use of your hands while also taking your eyes and mind off the road. If a distracted driver has injured you, please reach out to us immediately for help starting your distracted driving claim.
What Qualifies as Distracted Driving in Nevada?
Nevada state laws are very strict regarding driving while distracted. Distracted driving crashes are a real problem in the Silver State, and distracted drivers are held liable for damages they cause when they engage in such reckless behavior.
According to the Nevada DMV, “anything that takes a driver’s attention from the road is a potential hazard.” The website lists actions that could qualify as distracted driving, including eating, grooming, and cell phone use. These actions qualify as visual, manual, and cognitive distractions and are a violation of Nevada law.
Some activities that qualify as distracted driving in Nevada are:
- Cell phone use
- Eating
- Drinking
- Grooming
- Talking or arguing with passengers
- Reading
- Checking a map
- Adjusting the radio station or CDs
- Use of GPS
For help understanding what constitutes distracted driving in Nevada, reach out to a personal injury law firm like Benjamin Durham Law Firm. We will go over your case details and help you determine whether you have a claim of distracted driving. Our compassionate and caring legal team will listen carefully to your story and help you get the financial reimbursement you deserve.
What Compensation Can I Get for My Distracted Driving Claim?
Victims of distracted driving crashes may find themselves facing huge medical expenses because of their injuries. This can be overwhelming as it often comes when they are unable to work following the accident. If you have been injured because of a distracted driver, please get in touch with one of our knowledgeable and experienced attorneys who can help you get the most damages possible from your distracted driving crash.
Accident victims who were injured by distracted drivers can typically expect to recover:
- Medical bills, including hospital charges, ambulance costs, and physical therapy
- Future medical expenses
- Lost income, both past, and future
- Reduced capability of earning income
- Loss of enjoyment of life
- Loss of consortium if a spouse was killed in the accident
- Emotional distress
- Property damages
- Punitive damages if the distracted driver engaged in activities that constitute gross negligence
If you were injured in a car accident caused by a distracted driver, you deserve full and fair compensation. Call today to schedule a free consultation.
How Do You Prove Liability in a Distracted Driving Case?
Proving negligence can be difficult in any personal injury claim, but it is even more tricky when dealing with a distracted driving accident. It must be proven beyond a doubt that the driver was engaged in an activity that took their focus off the road and that this caused the accident. Your distracted driver accident attorney will be able to help you gather evidence and find out who is responsible for your crash.
Some ways attorneys prove liability are:
- Police reports
- Surveillance video footage
- Eyewitnesses
- Conducting an investigation
- Hiring professionals such as private investigators and accident reconstructionists
When you are injured in a distracted driving accident, you should rest and heal while experienced lawyers handle your car accident claim. Please don’t feel that you have to go it alone in pursuing fair compensation for the damages in your distracted driving accident. Call Benjamin Durham Law Firm today.
What Does Shared Fault Mean in Nevada?
Nevada is considered a shared fault state, which means that both drivers in an accident may share some portion of the liability. In a car crash where someone was driving in a distracted manner, the same law applies. Even if the other driver was texting while driving, applying makeup, or engaged in another activity that took the driver’s mind off the road, you still may share liability if you failed to drive in a safe manner also. This could include running red lights, changing lanes without signaling, or driving with a broken taillight.
When drivers share fault, this affects the amount of compensation you walk away with from your distracted driving case, even if the other driver was primarily liable for the crash. In Nevada, each driver is assigned a percentage of liability, and the damages they collect correspond with that percentage. For example, if a distracted driver caused an accident but you were also speeding, you may be assigned some of the liability. Assuming the court says you are 30% liable, you would only recover 70% of the full damages in the case. This is why it is so critical to hire a skilled personal injury lawyer who can bring evidence that proves the other driver was wholly responsible for the accident.
For personal injury lawyers who know how to construct a strong case that will show that you suffered injuries caused entirely by a distracted driver, contact Benjamin Durham Law Firm.
What Should I Do if I Was in a Distracted Driving Accident?
Distracted driving car accidents can wreak havoc on a person’s life and future. If you were involved in a car accident where the driver was texting or performing other distracting activities, you may feel frustrated and confused about what you should do next.
When you are in a car crash with a distracted driver, some things you can do to protect your rights are:
- Stay at the scene of the accident
- Call law enforcement
- Seek immediate medical attention
- Obtain contact and insurance information for the other driver
- Get names and contact information of eyewitnesses
- Take pictures of the accident
- Refuse to sign anything or accept settlements from the insurance company until you’ve talked with an attorney
- Avoid sharing details about the crash on social media
- Speak with a personal injury lawyer like those at Benjamin Durham Law Firm to open a personal injury case
Please remember that your safety is of utmost importance following any car accident. You must get clear of the flow of traffic and seek medical treatment, even if you think you aren’t severely injured. Once you are able, it might be time to find a trustworthy personal injury law firm like Benjamin Durham Law Firm, where you can get help reaching a fair and full settlement for your injuries. Don’t accept insurance company payouts until you’ve spoken with an experienced attorney, as these settlements are often far less than what the case would be worth.
Should You Hire Our Distracted Driving Attorneys?
The claims process following a distracted driving accident can be confusing and overwhelming. If you were injured because of another driver’s inattention to the road, you could collect damages for property damage, medical treatment needed because of your injuries, lost time at work, and wrongful death if your loved one passed away in the accident. Distracted driving violates Nevada’s state laws, and the person who engaged in such reckless behavior should be held responsible.
At Benjamin Durham Law Firm, we understand that every car accident victim is unique and that your personal injury case needs to be handled with care and utmost attention. We promise to devote our time and energy to get the results you need following your distracted driving accident. Our car accident lawyers have the experience and skills necessary to get a positive outcome from your claim. We will help you negotiate with the insurance company, gather evidence, and sue for damages as needed. Please rely on our skills and expertise so you can focus on resting and recovering. Call now at (702) 793-2326 for a free consultation to see how our caring and capable legal team can help you.
