You’ve been rear-ended, and when you check your rearview mirror, you notice that the other driver had been texting on their phone when it happened – textbook distracted driving. This is a situation that no one wants to find themselves in, but it happens all too often.
Drivers texting while driving are dangerous to themselves and everyone else on the road. According to the National Highway Traffic Safety Administration, motor vehicle accidents involving distracted drivers caused 3,142 deaths in 2022.
You probably don’t know what to do next if you’ve been wounded in such a car accident (and it can be much worse than rear-ending). Contacting a qualified and capable Las Vegas auto accident lawyer from the Las Vegas Lawyers 360 Firm in such cases is a prudent course.
We can help you get the compensation you deserve, but for now, let’s understand how texting while driving leads to car crashes.
What Is Texting-And-Driving?
Texting while driving
is illegal in many states across the United States, including Nevada.
Texting and driving at the same time divides the level of attention that a driver can offer on the road (which should be no less than 100%). When one is texting, they can’t pay attention to the road. They’re not looking out for other cars or pedestrians; they’re not watching for red lights or stop signs; all they’re focused on is the phone screen.
And that’s a recipe for disaster.
Such a distraction can cause serious accidents, serious enough to cause death(s). One may face legal consequences if caught texting and driving, such as a fine or jail time. People often think that they can text and drive without harming anyone. But the data paints the exact opposite picture – distracted driving is the leading cause of car crashes.
The distracted driver is almost always deemed at fault when you are injured in such a car accident. And if you do get injured in such an accident, you are eligible to file a personal injury claim. In an injury lawsuit, you can recover compensation for your lost wages, medical bills, and pain and suffering.
The Dangers of Texting and Driving (A Public Safety Message)
When you’re driving, your full attention should be on the road. But when you’re texting, your attention is directed to the phone screen, not the street. This way, you’re not just putting your life at risk but also other drivers in danger. Just think of how many accidents have been caused by people who were texting and driving. It’s a scary thought, and it’s one that we should all be aware of. If you see someone driving and texting, please don’t hesitate to call them out on it. It could save their life and the lives of others.
In short, if someone says that they’re confident that they can text and drive at the same time without being distracted, tell them that this is strictly impossible.
Possible Damages In A Distracted Driving Car Accident Case
Suppose you ever get injured in a car accident where the other party was texting and driving. In that case, it is essential to understand your legal rights and the compensation for all the damages sustained that could be available to you. Damages in a Vegas car accident case can include:
- Medical expenses
- Property damages
- Lost wages
- Pain and suffering
- And more…
Medical expenses include the cost of hospital visits, physical therapy, prescription drugs, etc., related to the accident and can add up quickly. Likewise, if your property was damaged or destroyed due to the accident, you may be able to recover compensation for those losses. This might include damage to your car as well as any personal items that were damaged or destroyed.
You may recover lost wages due to the time spent away from work while recovering from your injuries or attend court hearings associated with the case. In addition, you may also seek compensation for pain and suffering caused by the accident, which can include emotional distress and physical discomfort caused by the crash.
Proving Negligence In A Las Vegas Car Accident Case
If you’ve been in an accident caused by a driver texting and driving, you are likely entitled to compensation under Nevada law. However, it is important to prove that the other party was indeed doing so – this can mean obtaining any relevant evidence, such as text messages or cell phone records.
You must remember that it is not always easy to prove that the other driver was at fault, and the burden of proof lies on the victim. When trying to prove negligence, some things can help build your case – such as evidence of distracted driving or reckless behavior. An experienced Las Vegas auto accident lawyer can review all evidence and determine who is liable for your damages.
Exercise Your Rights & Get In Touch With A Las Vegas Personal Injury Lawyer
As we mentioned earlier on, in Nevada, it is illegal to text while driving, and there are severe penalties for those caught using their phone while behind the wheel.
In terms of legal action, if you find yourself the victim of a texting driver, you can seek financial compensation through a personal injury lawsuit. If you pursue this route, it’s important to be aware that this type of case will be complex as you will need to prove that the other party was texting at the time of the accident.
It’s also important for victims of texting and driving accidents to understand that these cases can take months or even years before they can be settled in court. For this reason, it is strongly recommended that victims seek legal assistance from an experienced Las Vegas personal injury lawyer from the Las Vegas Lawyers 360 Firm. We will help you navigate the legal process and ensure that you get the justice (compensation) you deserve.
Contact us today for a free case review, initial consultation, and subsequent legal action.