Distracted driving is a pervasive and dangerous problem that leads to countless accidents on our roads each year, many of them right here in Las Vegas. With our bustling city attracting tourists and residents alike, the risk of encountering a distracted driver is unfortunately high. At Jack Bernstein Injury Lawyers, we’ve seen first-hand the devastating impact that these accidents can have, and we’re committed to helping those affected seek the justice and compensation they deserve. If you or a loved one has sustained injuries and other damages due to the negligence of a distracted driver, you will want a team of experts auto accident lawyers to help you build a strong case for compensation.
Understanding Distracted Driving
Distracted driving refers to any behavior that diverts a driver’s attention away from the primary task of driving. This can involve any activity that takes your , hands off the wheel (manual distraction), or mind off driving (cognitive distraction). Each form is dangerous and can lead to serious, sometimes fatal accidents.
Aside from the physical harm, victims often suffer emotionally and financially, facing medical bills, loss of income, and reduced quality of life. In the state of Nevada, it is illegal to text, email, or talk on a handheld cell phone while driving. These laws are in place to keep our roads safer, but tragically, not everyone respects them.
Common Types of Distracted Driving
There are three general types of driver distractions, each of which can be equally dangerous behind the wheel:
- Visual Distraction: Taking your eyes off the road
- Manual Distraction: Taking your hands off the wheel
- Cognitive Distraction: Taking your mind off driving
Specific Examples of Distracted Driving:
- Texting or Using a Smartphone: Whether it’s reading messages, browsing the internet, using GPS, or adjusting music, this activity combines all three distraction types—making it among the most dangerous.
- Eating and Drinking: Although common, these actions require at least one hand off the wheel and can lead to unexpected spills or reactions.
- Interacting with Passengers: Conversations, managing children, or handling pets can easily divert a driver’s attention and increase crash risk.
- Grooming: Activities like applying makeup, shaving, or checking your appearance in the mirror take your focus off driving.
- External Distractions: Roadside events, accidents, or flashy billboards can all pull your attention away from the task at hand.
Even seemingly harmless distractions can quickly turn dangerous. Staying fully focused is critical to preventing serious accidents.
Liability in Distracted Driving Accidents
When it comes to distracted driving accidents, determining liability is often a critical step in securing compensation for your damages. The party responsible for causing the accident due to their negligent behavior is typically the one held liable. This means the driver who was distracted at the time of the accident is usually at fault. However, other entities could share in this liability depending on the circumstances of the accident. For instance, if a commercial driver was distracted because of demands from their employer, the company might also share some responsibility.
At Jack Bernstein Injury Lawyers, we work diligently to establish negligence in distracted driving cases. This often involves collecting evidence, such as cell phone records, surveillance footage, witness testimonies, and police reports. We understand that the burden of proof lies with the plaintiff, which is why we strive to build a compelling case on your behalf.
What To Do After a Distracted Driving Accident
If you’ve been involved in a distracted driving accident, taking the right steps immediately can significantly improve your chances of receiving fair compensation.
- Seek Medical Attention: Your health comes first. Get checked by a medical professional—even if your injuries seem minor, some symptoms may appear later.
- Report the Accident: Contact the police and ensure an official report is filed. This document is essential for your insurance and any potential legal claims.
- Document the Scene: If it’s safe, take photos and videos of the vehicles, road conditions, injuries, and any contributing factors. Also, gather witness names and contact information.
- Do Not Admit Fault: Avoid making statements about who was at fault. Only share the necessary details with law enforcement and your lawyer.
After addressing your immediate needs, consult a trusted car accident attorney with experience in distracted driving cases. Legal guidance early on helps protect your rights and strengthens your claim.
How Jack Bernstein Injury Lawyers Firm Can Help
At Jack Bernstein Injury Lawyers, we are committed to fighting for the rights of victims in distracted driving cases. Our team works tirelessly to investigate the circumstances of your accident, gather evidence, prove liability, and negotiate with insurance companies.
We understand that distracted driving accidents can have life-altering consequences, and our goal is to ensure you receive the compensation you deserve. We help determine the value of your claim, considering all past and future medical expenses, lost wages, pain and suffering, and any other damages you’ve incurred.
We offer a personalized and compassionate service, standing by you every step of the way so you can focus on your recovery.
Distracted Driving Accident Claims and Compensation
When it comes to filing a claim after a distracted driving accident, there are several factors that may influence the compensation you may receive. These include the severity of your injuries, the extent of your financial losses, and the impact of the accident on your quality of life.
Damages are typically divided into two categories: economic and non-economic.
- Economic damages compensate for direct financial losses like medical bills and lost wages
- Non-economic damages cover pain, suffering, and emotional distress.
In situations where the accident wasn’t the distracted driver’s fault – say, for instance, their car malfunctioned – different rules might apply. Our experienced lawyers can help navigate these complexities to ensure your rights are protected.
Distracted Driving Case FAQs
Distracted driving encompasses any activity that diverts the driver’s attention from the task of driving. This could include texting, talking on a phone, eating, drinking, using a GPS, or adjusting the radio.
Proving distracted driving can be challenging. It often involves gathering evidence such as witness statements, police reports, and cell phone records. Our legal team has extensive experience in collecting and analyzing this type of evidence to build a strong case.
Yes, passengers injured due to the driver’s distraction can also file a claim against the driver’s insurance policy for their injuries and damages.
You may be entitled to various forms of compensation, including for medical expenses, lost wages, pain and suffering, property damage, and potentially more.
Nevada operates under a comparative negligence rule, which means you can still recover damages if you were partially at fault, though your compensation might be reduced by your percentage of fault. It’s essential to speak with our experienced attorneys to understand how this rule might apply to your case.
In Nevada, you typically have two years from the date of the accident to file a personal injury lawsuit. However, the specifics of your case might alter this timeframe, so it’s crucial to consult with our attorneys as soon as possible.
It’s common for insurance companies to try and minimize payouts by downplaying their insured’s fault. Our legal team has experience countering these tactics and will fight to ensure you get the fair compensation you deserve.
Yes, you can still file a claim if you were involved in a distracted driving accident while visiting Las Vegas. Our firm can help guide you through the process, even if you live out of state.
Contact Us for a Free Consultation
Choosing the right vehicle accident attorney is a critical decision that could significantly impact your recovery process and your life. At Jack Bernstein Injury Lawyers, we’re committed to helping those in Las Vegas recover from personal injury incidents and get back to enjoying their lives. Contact us today for a free consultation. We’re ready to fight for you.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
