In this age of technology, distracted driving has become almost as great a menace on the roadways as drunk driving. Drivers who are texting or otherwise distracted are not focused on the task of operating the motor vehicle, and they cause accidents as a result. If you have been injured by a distracted driver, contact The Janda Law Firm today for dedicated legal representation from our Las Vegas injury lawyer.
Why Choose Us After A Las Vegas Distracted Driving Accident?
- Founding Attorney Paul Janda is a doctor as well as a lawyer. He is the only neurologist-attorney in the state of Nevada.
- We are well aware of the tactics defense experts employ and know how to counter them in settlement negotiations or in court.
- We prepare our cases thoroughly, developing well-researched, comprehensive legal strategies to pursue the maximum possible compensation.
What Is Considered Distracted Driving?
As defined by the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that diverts the driver’s attention away from operating the vehicle. Texting is the most alarming distraction, as it requires manual, visual, and cognitive attention. Sending or reading a text takes the driver’s eyes off the road for five seconds at a time, equivalent to driving the length of a football field with the eyes closed.
Common Types of Driver Distraction in Las Vegas
Although texting while driving creates an enormous potential for accidents and injuries, it is not the only form of driver distraction. Other types of distracted driving behavior include:
- Talking on a cell phone
- Conversing with passengers in the vehicle
- Dealing with children
- Eating and drinking
- Reaching for objects in the car
- Operating the navigation system
- Adjusting in-vehicle systems
- Grooming or applying makeup
Distracted Driving Statistics
NHTSA reports on distracted driving statistics in the USA, yearly.
- 3,166 people died in distracted driving crashes on U.S. roadways in a single recent year.
- Nearly 20,000 people were killed in accidents involving a distracted drivers in a recent six-year period.
- 8% of teen driving fatalities died as a result of distracted driving.
- 10% of all fatal crashes over the past six years involved a distracted driver.
- 15 to 19 is the age group with the highest percentage of distracted drivers in fatal crashes.
- One out of every 10 crash fatalities in a recent year was caused by a distracted driver.
Nevada’s Fault Insurance System
Nevada is a fault insurance state, requiring motorists to carry certain amounts of liability coverage. This coverage pays for victims’ damages in any accidents caused by the policyholder. Under Nevada law, drivers who break traffic laws or drive dangerously are financially responsible for any accidents that occur.
Distracted driving is extremely dangerous and some specific actions, like texting and driving, break Nevada law. As a result, a distracted driver is liable for any collisions that he or she causes and may need to pay for victims’ medical care, property damage, pain and suffering, and other losses.
How to Prove a Distracted Driving Accident Claim in Nevada
To secure compensation in a distracted driving claim, you will need to prove that the driver’s actions caused your accident and the injuries that you suffered. During the insurance process, a company representative will conduct an investigation into the collision and determine who was at fault.
When you file a distracted driving lawsuit in civil court, you and your lawyer will need to prove the following four facts:
- The at-fault driver owed you a duty to drive safely and follow Nevada traffic laws at the time of the collision.
- The at-fault driver breached his or her duty of care by engaging in distracted driving.
- The at-fault driver’s actions caused your accident to occur.
- You suffered damages in the accident that you can claim in your lawsuit.
There are several pieces of evidence that you could leverage to prove a distracted driving accident claim. Your attorney from the Janda Law Firm will work closely with you to find and collect this evidence and craft a compelling case for your right to compensation.
For example, you can establish causation by supplying the police report, surveillance footage, and witness testimonies. Your medical records can establish the nature and extent of your injuries. Testimony from expert witnesses, such as medical professionals and accident reconstructionists, can clarify complex parts of your case.
What Damages Are Available in a Distracted Driving Claim in Las Vegas?
By filing an insurance claim or lawsuit against a distracted driver, you can hold him or her accountable for the losses that you endured. There are two categories of compensation in distracted driving claims: economic damages and non-economic damages.
Economic damages refer to the financial losses that you experienced as a result of the accident:
- Past and future medical expenses
- Lost wages during treatment and recovery
- Loss of future earnings if you are unable to return to work
- Property damage that you sustained in the crash
- Mobility equipment and other disability accommodations
- Rehabilitation, physical therapy, and specialized treatment
Non-economic damages involve the physical and emotional pain and suffering that you endured:
- Emotional distress
- Chronic pain
- Permanent disability
- Disfigurement or scarring
- Mental anguish
- Depression and anxiety
- Post-traumatic stress disorder
Your attorney from the Janda Law Firm can help you evaluate your situation and identify all possible avenues to compensation. Then, he will take steps to accurately calculate the full value of your award so that you can recover the settlement that you deserve.
Why You Need a Las Vegas Distracted Driving Car Accident Lawyer
If a distracted driver caused a car collision in which you were seriously injured, your best course of action is to speak with our Las Vegas injury attorney as soon as possible. At The Janda Law Firm, we can conduct a thorough investigation to determine if distracted driving caused your accident and gather and preserve evidence to support your claim. We can assess the full extent of your injuries, craft a compelling case based on the facts, engage in skillful settlement negotiations on your behalf, and fight for the compensation you deserve in court, if necessary.
Contact Our Las Vegas Accident Attorneys Today
At The Janda Law Firm in Las Vegas, we have the legal skills and medical background to quickly research your case, saving you both time and the added cost of medical experts. Our medical experience enables us to determine the exact costs associated with your injuries and assess the full extent of your losses, allowing us to pursue the maximum possible compensation in your claim. If you have been hurt in a distracted driving accident, contact us as soon as possible to schedule a free consultation with our car accident lawyer in Las Vegas today. There are no fees unless we are successful and win your case.