Distracted Driving Can Cause Pedestrian Accidents
Distracted driving is a significant concern on Las Vegas roads, posing a serious threat to pedestrians. With the increasing use of smartphones, infotainment systems, and other electronic devices behind the wheel, drivers are more susceptible to distractions than ever before.
The Impact of Distracted Driving on Pedestrian Safety
Distracted driving significantly impairs a driver’s ability to detect and respond to pedestrians on or near roadways. When a driver’s attention is diverted from the road, their reaction time is slowed, increasing the likelihood of accidents. Common distractions include:
Texting and Smartphone Use
Texting while driving is particularly dangerous as it involves visual, manual, and cognitive distractions simultaneously. Even a momentary glance at a phone screen can result in a catastrophic collision.
Talking on the Phone
Conversations on handheld or hands-free devices can divert a driver’s attention from the road, leading to reduced awareness of pedestrian activity.
Using Infotainment Systems
Adjusting music, navigation systems, or other in-car technology can take a driver’s eyes off the road and impair their ability to respond to pedestrians.
Eating or Drinking
Consuming food or beverages while driving can lead to manual distractions, causing drivers to take their hands off the wheel and their eyes off the road.
Grooming
Activities such as applying makeup, shaving, or grooming while driving can significantly impair a driver’s ability to focus on the road and detect pedestrians.
Rights of Pedestrian Accident Victims
Pedestrian accident victims have the right to file a personal injury claim against the distracted driver to pursue compensation. This legal action seeks to hold the negligent driver accountable for their actions and recover damages for the victim’s injuries. This compensation may cover medical expenses, lost wages, pain and suffering, and other related damages.
Injury victims must establish the distracted driver’s negligence to recover compensation. This involves demonstrating that the driver breached their duty of care by engaging in distracted driving behavior, such as texting, talking on the phone, or using electronic devices while driving. In addition, it is critical to be aware of the statute of limitations for filing a personal injury claim in Nevada. Under Nevada Revised Statutes 11.190, it is generally two years from the date of the accident:
“4. Within 2 years:
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.”
Failing to file a claim within this time frame can result in losing the right to seek compensation.
How to Prove a Driver was Distracted
An experienced Las Vegas Pedestrian Accident Attorney can play a crucial role in helping a pedestrian accident victim prove that the driver who hit them was distracted. Here are several ways they can assist you:
Investigation and Evidence Gathering
A Las Vegas pedestrian accident attorney can conduct a thorough investigation into the circumstances surrounding the accident. This may involve gathering evidence such as witness statements, police reports, surveillance footage, and cell phone records to establish that the driver was engaged in distracted behavior at the time of the crash.
Expert Analysis
Attorneys may enlist the help of accident reconstruction experts or forensic specialists to analyze the evidence and determine the cause of the accident. These experts can provide valuable insights into factors such as vehicle speed, braking patterns, and driver behavior leading up to the collision.
Negotiation and Settlement
Attorneys can leverage the evidence gathered to negotiate a favorable settlement with the insurance company or the at-fault driver’s legal representation. By presenting a strong case for distracted driving, attorneys can increase the likelihood of obtaining fair compensation for your injuries and losses.