Distracted driving is a top cause of Las Vegas car accidents. Drivers often fail to pay proper attention to the road, resulting in devastating collisions. After a collision involving a distracted driver, accident victims may not know where to turn for advice or assistance. The Las Vegas distracted driving accident lawyers at Koch & Brim, LLP have spent years representing clients in personal injury and car accident cases of all kinds.
If you or a loved one has been injured in a distracted driving car accident, contact a personal injury lawyer at our law firm for a free case consultation. Our car accident lawyers are committed to holding distracted drivers accountable on behalf of injured victims. We can help you pick up the pieces and rebuild your life as much as possible after a devastating distracted driver accident in Las Vegas.
Why Choose a Distracted Driving Lawyer from Koch & Brim?
- We are known as the small law firm that delivers big results. Your case will be handled personally by a car accident lawyer, not a paralegal or assistant, from start to settlement.
- Our auto accident attorneys have collected millions of dollars on behalf of past clients. We will work tirelessly to achieve the best possible outcome for your distracted driving accident case.
- Our Las Vegas personal injury lawyers have over 42 years of experience. We understand all of the state and local laws that apply to Las Vegas distracted driving accidents, and will fight for you.
- You will pay us $0 upfront and $0 unless we win your case. Our car accident attorneys operate on a contingency fee basis, meaning you won’t ever pay our attorney’s fees out of pocket.
How a Las Vegas Distracted Driving Accident Lawyer Can Help You
Hiring a car accident lawyer after a collision involving a distracted driver can help you understand and protect your rights. Your lawyer can explain your legal options, such as filing a car insurance claim against the at-fault driver or bringing a personal injury lawsuit. Then, your attorney can take care of confusing legal processes for you, such as filing your claim before Nevada’s deadline and negotiating a fair and full settlement with a car insurer.
A car accident attorney can also help you establish fault and prove your damages. Your attorney will conduct a thorough investigation of the accident to determine causation and identify the defendant(s). Then, he or she will preserve evidence and take steps to prove your case. A law firm will have connections to medical experts and crash reconstructionists, for example, who can testify on your behalf to strengthen your claim.
While most car accident cases reach settlements in Las Vegas, an attorney will also have the power to go to court, if necessary. This may be needed if a car insurance company rejects your claim, denies that its policyholder was driving distracted or refuses to offer a reasonable settlement. You can count on your lawyer to take care of all the legal aspects of your case while you focus on healing from your injuries.
What Is Distracted Driving?
Every motor vehicle driver has a duty to pay attention to the road and fully focus on the driving task. A driver’s hands must remain on the wheel, eyes on the road and mind on operating the vehicle at all times. This is the only way a driver can reasonably prevent car accidents and ensure the safety of others. A driver distraction can refer to any activity that interferes with the driving practice; typically, an activity that involves a cell phone.
Why Is Distracted Driving So Dangerous?
Distracted driving significantly increases the risk of a car accident because it interferes with a driver’s ability to notice changing roadway situations and react in time to avoid a collision. For example, a distracted driver may not see a traffic light changing red, a pedestrian crossing the street, or a car coming to a stop in front of him or her. Delayed reaction times can prevent the driver from coming to a stop and avoiding a crash. Distracted drivers are behind some of the deadliest collisions in Las Vegas, including head-on collisions, high-speed rear-end collisions, intersection accidents, and bicycle and pedestrian accidents.
Distracted Driving Statistics
Distracted driving was responsible for the deaths of 3,522 people in the U.S. in 2021, according to the National Highway Traffic Safety Administration. This was a 12.1 percent increase from 3,142 deaths in 2020 and a 12.9 percent increase from 3,119 deaths in 2019. Cell phone use is the number one cause of driver distraction. According to the National Safety Council, in one decade, the prevalence of drivers using handheld electronic devices increased by 127 percent, from 1.5 percent in 2012 to 3.4 percent in 2021.
Using a cell phone while driving is so dangerous because it encompasses all three forms of distraction: manual, visual and cognitive. Reading an email, sending a text or talking on the phone can simultaneously take a driver’s hands off the wheel, eyes off the road and thoughts off the driving task. One study found that reading a text message while driving (looking at a phone for just five seconds) is the equivalent of driving across the length of an entire football field while blindfolded.
Common Types of Driver Distractions in Las Vegas
Las Vegas has a lot of sites to see and roadside attractions that can distract motor vehicle drivers. Bright lights, electric billboards, pedestrians, bicyclists, e-scooters and taxis are just some of the external distractions that may divert a driver’s attention from the road. In addition, careless or reckless drivers may be sidetracked by internal distractions, or distracting activities that take place inside the vehicle. Examples include:
- Cell phone use
- Driver texting
- Social media access
- Photographs and videos
- A GPS or navigation system
- Children or pets
- Vehicle passengers
- Personal grooming
- Food and drink
- Daydreaming
Statistics show that teenagers are the most likely age group to cause texting and driving crashes. Other examples of distracted drivers are Uber and Lyft drivers, who often interact with their cell phones to accept rides while transporting other passengers. Delivery drivers may also engage in dangerous distracted driving practices, such as reading address labels and house numbers while driving.
Distracted Drivers Can Cause Serious Car Accident Injuries
Distracted drivers are behind some of the worst car accidents in Las Vegas and the surrounding area. A distracted driver may not have time to hit the brakes before crashing into another vehicle, bicyclist or pedestrian. This can lead to a high-speed collision that causes catastrophic injuries, such as paralysis or brain damage. At Koch & Brim, LLP, our personal injury attorneys are equipped to handle car accident cases involving all types of injuries, including:
- Back and spinal cord injuries
- Broken bones
- Bruising and contusions
- Burn injuries
- Facial trauma
- Head trauma and skull fractures
- Herniated disks
- Internal injuries or organ damage
- Muscle strains, sprains and other soft-tissue injuries
- Neck injuries, such as whiplash
- Nerve damage
- Rib fractures
- Scarring or disfigurement
- Severe lacerations
- Traumatic brain injuries
- Wrongful death
We can help you receive the medical care that you need from top doctors in Las Vegas after a distracted driver accident. Our Las Vegas distracted driving accident lawyer will make sure you have everything you need to move forward and recover – physically, emotionally and financially. Then, we will navigate the legal process for you, assessing your damages and fighting for the case results that you deserve based on the extent of your injuries or losses suffered due to a loved one’s death.
What Is Nevada’s Texting and Driving Law?
Like most states, Nevada has passed cell phone laws to try to decrease the number of distracted drivers on the roads. Nevada law prohibits motor vehicle drivers from texting while driving. Under Nevada Revised Statute, Section 484B.165, it is illegal to communicate using a handheld electronic device while driving.
The cell phone law includes texting, accessing the internet and making calls using a handheld device. Any prohibited cell phone use while driving can result in a fine of $50 for a first offense, $100 for a second offense, and $250 for a third or subsequent offense within seven years. Offenses involving cell phones while driving are class 1 misdemeanors in Nevada.
Who Pays for a Distracted Driving Crash in Las Vegas?
Nevada is an at-fault car accident state. This means the person responsible for causing a car accident must pay for the damages. If you or your lawyer can prove that the other driver involved in your crash was driving while distracted, this could place financial responsibility on the driver for your medical expenses, property repairs and other losses. You can file a claim with the distracted driver’s auto insurance policy for coverage, up to the policy limit. If the limit does not fully cover your losses, you may seek secondary coverage from your own car insurer.
Comparative Negligence Rule
Nevada has a rule known as modified comparative negligence. Under this rule, if a car accident is deemed to be more than one person’s fault, each party can be allocated a percentage of the blame. If you are given a proportion of fault for a car accident involving a distracted driver, this could reduce your payout by an equivalent percentage.
If you are found to be more than 50 percent at fault, however, you will lose the right to recover any compensation for your losses. If the other driver’s insurance company attempts to place a degree of fault with you, contact an attorney to help you prove the other driver’s liability and protect your right to recover compensation.
How to Prove Fault for a Distracted Driving Accident
After a car accident with a driver who was texting or distracted, you or your lawyer will be given the task of proving fault. Your lawyer must demonstrate with clear and convincing evidence that the other driver is more likely to have caused your crash than not. This is known as a preponderance of the evidence, or the “more likely than not” standard. It requires proof of the driver’s fault with at least a 51 percent certainty. Proving distracted driving may require evidence such as:
- Cell phone records
- A police report
- Photographs from the scene
- Dashcam or video surveillance footage
- Food wrappers in the driver’s front seat
- Personal grooming supplies
- Books, magazines or reading materials
- Eyewitness statements
A distracted driving accident attorney from Koch & Brim, LLP can help preserve and collect evidence to support your distracted driving accident claim. Our lawyers can obtain a copy of the police report, access the other driver’s phone records, hire experts and crash reconstructionists, interview eyewitnesses and take other steps to build your car accident case. We will use our years of experience to demonstrate the other driver’s fault and your crash-related losses.
How Long Do You Have to File a Distracted Driving Accident Claim in Nevada?
In Las Vegas, injured car accident victims have no later than two years from their accidents to file related claims. This is the statute of limitations, or deadline, on most personal injury cases in Nevada. If you attempt to recover damages after two years have passed from the date of your distracted driving car accident, the courts will most likely refuse to hear your case.
With only a few exceptions to the rule, you will forfeit the right to hold someone else accountable and seek financial compensation for your losses if you file late. It is important to speak to an attorney about a potential claim as soon as possible to ensure you file within the required amount of time. A lawyer can make the filing process as easy and efficient as possible.
Compensation Available for a Las Vegas Distracted Driving Car Accident
A successful distracted driving accident claim in Las Vegas could lead to a financial recovery for several of your related economic and noneconomic damages, including:
- Past and future medical bills
- Vehicle repairs or replacement
- Lost wages
- Lost future capacity to earn due to a disability
- Pain and suffering
- Emotional distress
- Permanent debilitation or disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages, if applicable
- Punitive damages, in some cases
Discuss the potential value of your case before negotiating settlements with insurance companies. An attorney can give you an accurate idea of how much your claim may be worth.
Contact a Las Vegas Distracted Driving Car Accident Lawyer Today
If you or a loved one has been injured in a car accident involving a distracted driver, our Las Vegas car accident attorneys can help you seek the justice and financial recovery that you deserve. Our texting and driving accident attorneys can guide you through the legal process from start to finish. Contact us today for a free case evaluation.
Our contact information is (702) 410-6034 for both our east office location (4520 South Pecos Rd., Suite 4, Las Vegas, NV 89121) and our west office location (10155 W. Twain Ave., Suite 100, Las Vegas, NV 89147). We also respond promptly to free case consultation requests submitted through our online contact form.