Distracted driving is a common issue that causes thousands of serious and fatal motor vehicle accidents each year. In Las Vegas, Nevada, drivers can become dangerously distracted by many things, including their cell phones and sights in the city.
At Edward Bernstein and Associates, our Las Vegas car accident lawyers represent people who have been injured by distracted drivers in Las Vegas.
Whether you were in your vehicle, riding your bike, or walking around Las Vegas, we can explore your rights and protect them throughout the claims process. Contact us to begin with a free consultation.
Why Choose Edward Bernstein and Associates?
- Our law firm has represented accident victims and their families in Las Vegas for almost 50 years. We have a thorough understanding of distracted driving accident cases.
- We have a reputation for achieving excellent results for our clients. We know what it takes to secure fair settlements and jury verdicts for seriously injured car accident victims.
- Our team of experienced car accident lawyers operates on a contingency fee basis, meaning we only charge a fee for our services if we win the client’s case.
How Can a Car Accident Attorney in Las Vegas Help?
Getting injured by a distracted driver in Las Vegas can lead to an overwhelming recovery process physically, emotionally, and financially. You may struggle to protect your rights while dealing with an insurance company that wants you to settle for as little as possible. You may not know the true value of your claim or how to negotiate a fair settlement.
Hiring a car accident attorney in Las Vegas to represent you can solve all of these problems. You can trust your attorney to take over communications and negotiations with an auto insurance company on your behalf while you focus on healing from your injuries. Your lawyer will ensure you are treated fairly and receive a just settlement for your losses.
What Is Distracted Driving?
Distracted driving refers to operating a motor vehicle while part or all of the driver’s attention is on something other than the driving task. Safely and prudently operating a motor vehicle requires a driver’s full attention and focus. Anything short of this increases the odds of an automobile accident.
A distracted driver may not notice a hazard or changing roadway situation in time to apply the brakes and come to a stop. It only takes a few seconds to make the difference between a car accident and an avoided collision. A driver who is distracted by something inside or outside of the vehicle is much more likely to cause a crash than one who is paying proper attention.
Most Common Driver Distractions in Las Vegas
Many different things can distract a driver enough to increase the risk of accidents. A driver who is negligent or does not act with an appropriate level of care could become dangerously preoccupied with many internal and external distractions.
Common examples include:
- Cell phones
- Emails and text messages
- Taking pictures or videos
- Eating or drinking
- Radio and GPS systems
- Reading or writing
- Personal grooming
- Looking at billboards or sites in Las Vegas
- Chatting with passengers
- Dealing with kids or pets in the back seat
- Daydreaming
Cell phones are the most dangerous type of driver distraction. According to the National Highway Traffic Safety Administration, looking at a cell phone for five seconds while traveling at a speed of 55 miles per hour is equivalent to driving across a football field blindfolded.
Nevada’s Distracted Driving Laws
To combat distracted driving, Nevada has passed laws prohibiting cell phone use behind the wheel. Nevada Revised Statute (NRS) § 484B.165 bans the use of a “handheld wireless communications device to type or enter text, send or read data, engage in nonvoice communication or engage in voice communications without the use of hands-free device.”
No driver in Las Vegas may talk, send, or receive text messages, or search the internet on a handheld device without the hands-free mode activated. The only exception is in an emergency. Violating this law is a civil infraction that can be punished with a fine.
While there are no other laws specifically against distracted driving, there are rules against traffic violations and reckless driving. If a distraction leads to violations, such as running a red light or speeding, a driver can receive citations for these infractions. If the distracted driver is guilty of reckless driving under NRS § 484B.653, he or she could face a misdemeanor charge.
How to Prove a Distracted Driving Accident Claim
Like most states, Nevada uses a fault-based car insurance law when determining liability, or financial responsibility, for automobile accidents. If you believe the other driver involved in your crash was distracted, you can file a claim with that driver’s insurance company in pursuit of financial compensation.
During a fault-based insurance claim, the burden of proof rests with the claimant. This means you or your attorney must prove that the other driver was distracted using clear and convincing evidence. The evidence available may include cell phone records, social media activity, a police report, witness statements, crash reconstruction, photos and videos, and expert testimony.
What to Do After a Distracted Driving Accident in Las Vegas
If you get injured in an accident where the other driver appeared to be distracted, there are steps you should take right away to begin building your injury claim. Here’s what to do:
- Put your safety first by pulling over in a safe location and checking yourself for injuries.
- Call 911 to report the car accident. When the police arrive, explain why you suspect distracted driving.
- Seek immediate medical care for any injuries you suffer.
- Exchange contact and insurance information with the distracted driver. Do not admit fault.
- Document the scene before you leave by taking photos of any evidence of distracted driving, such as food wrappers in the front seat.
- Ask witnesses for statements to find out if anyone saw the other driver texting or being otherwise distracted.
- Contact your car insurance company to notify them of the accident.
- Before entering into settlement negotiations with the other driver’s insurer, consult with an attorney about the value of your case.
Once you hire a car accident lawyer in Las Vegas to represent you, you can rest and focus on healing while your lawyer handles the complicated legal process for you.
Contact Us for a Free Distracted Driving Case Review in Las Vegas
If you or a loved one was recently injured in a distracted driving car accident in Las Vegas or anywhere in Clark County, Nevada, don’t hesitate to contact Edward Bernstein and Associates for a free consultation. We will discuss your rights and help you choose the best way forward for you and your claim. Call (702) 508-7334 today.