Las Vegas Distracted Driving Accident Attorney

Call Harris & Harris Injury Lawyers today if you need a Las Vegas distracted driving accident attorney. At Harris & Harris Injury Lawyers, we are here to help if you or a loved one have been injured. We will investigate what happened and work to secure the compensation you deserve.

Why Choose Harris & Harris Injury Lawyers?

The team at Harris & Harris Injury Lawyers has more than 20 years of experience representing clients in all areas of personal injury law.

• We focus on understanding our clients’ goals and needs. You will always have an open line of communication with your accident attorney in Las Vegas.
• We spare no expense in preparing your case for settlement negotiations or for a trial.
• You will never have to worry about how to pay for your case. We operate on a contingency fee basis, and you only owe us if we win.

How Will a Distracted Driving Attorney Help My Case?

When you are driving around Las Vegas, you should not have to worry about being injured due to the actions of a distracted driver. However, distracted driving incidents are becoming more and more common.Distracted driving cases can be tough to prove. Often, the at-fault driver will say they were not distracted at all, and they may even try to blame you for the crash. Your distracted driving attorney will know how to get through this. They will:

• Obtain phone and data usage records for their devices if necessary.
• Secure any business surveillance footage that shows the driver’s inattention.
• Gather all accident reports and eyewitness accounts.
• Search the at-fault driver’s social media accounts or online presence for any posts, photos, or status updates that suggest distraction or provide contradictory evidence to their claims.
• Some vehicles and electronic systems have event data recorders or black boxes that capture important data about the vehicle’s operation leading up to an accident. This data can be examined to determine if distractions occurred.
• Hire experts, if necessary, to analyze the damage sustained by the vehicles involved to provide insights into the mechanics of the collision and support the claim of distracted driving.

Using this information, your personal injury lawyer will work to negotiate a fair settlement with the at-fault driver’s insurance carrier.

What Compensation Can Be Recovered After a Distracted Driving Crash?

The compensation that can be recovered after a distracted driving crash can vary, but here are the common types that are often available:

Medical Expenses

Medical costs resulting from the accident, including emergency room treatment, hospital stays, surgeries, medications, rehabilitation, therapy, and any anticipated future medical care.

Property Damage

If your vehicle or other property was damaged in the crash, you may be entitled to compensation for repairs or its fair market value.

Lost Wages

If you had to miss work while recovering or your injuries resulted in a loss of income, you may be able to recover compensation for the wages lost. This can include both current and future lost earnings if the injuries have long-term effects on your ability to work.

Pain and Suffering

Compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life resulting from the accident and injuries.

Disability and Impairment

If the accident caused a permanent disability or impairment that affects your ability to work or enjoy life as you did before the accident, you may be entitled to compensation for the impact on your future earning capacity and quality of life.

Punitive Damages

In some cases, where the at-fault driver’s behavior was especially reckless or egregious, punitive damages may be awarded as punishment and to deter similar conduct in the future.

How Long Do I Have to File an Accident Claim in Nevada?

In Nevada, the statute of limitations for filing a car accident claim is generally two years from the date of the accident. If you miss the deadline, you will lose the right to file a lawsuit and seek compensation for your injuries, as the court will likely dismiss your distracted driving accident case. It is imperative to contact a Las Vegas distracted driving accident attorney as soon as possible after a collision.

Who Can Be Held Liable?

After a distracted driving accident, liability can extend to various parties depending on the specific circumstances. Here are some potential parties that may be held liable:

The Distracted Driver

The primary party liable in a distracted driving accident is the driver who was not paying attention. If it can be established that the driver was negligent and their distraction contributed to the accident, they can be held responsible for the resulting damages.

Employers

If the distracted driver was operating a vehicle for work purposes, their employer may be liable under the legal principle of “vicarious liability.” Employers can be held responsible for the negligent actions of their employees as long as they were acting within the scope of their employment when the accident occurred.

Vehicle Owners

In situations where the distracted driver was operating a vehicle owned by someone else, the owner of the vehicle may also be liable for the accident if it can be proven that they negligently entrusted the vehicle to the distracted driver.

Manufacturers

In some cases, the manufacturer of a vehicle or its components may be liable if a defect in the vehicle or its equipment contributed to the accident or exacerbated the injuries sustained. For example, if a faulty infotainment system or other electronic device contributed to the driver’s distraction.

Government Entities

Government entities can be held liable for a distracted driving accident if, for example, a hazardous road condition or inadequate signage contributed to the accident. In those cases, the government agency responsible for maintaining the road could be partially responsible for the resulting damages.

Nevada follows a modified comparative negligence rule with a 51% bar. This means that a party can only recover damages if their assigned fault is 50% or less, and their compensation will be reduced accordingly. For example, if the total damages amount to $10,000 and you are assigned 30% of the blame, your potential compensation would be reduced by 30% to $7,000. Furthermore, if you are found 51% or more at fault, you cannot recover any compensation.

Types of Distracted Driving

Distracted driving is a serious problem in the US. According to the Centers for Disease Control and Prevention (CDC), around nine people are killed and more than 1,000 injured each day due to distracted driving in the US. The CDC lists three types of distractions behind the wheel:

• Visual – taking your eyes off the road
• Manual – taking your hands off the wheel
• Cognitive – taking your mind off of driving

Cell phone use is a major cause of distracted driving and significantly increases the risk of a collision. Sending or reading a text message takes a driver’s eyes off the road for an average of 5 seconds, which, at 55 mph, is equivalent to driving the length of a football field blindfolded.

Common Causes of Distracted Driving

In many cases, those who cause distracted driving crashes are involved in multiple types of distractions. Some of the most common causes of distracted driving crashes in Las Vegas include:

• Cell Phones: Talking on the phone, reading or sending text messages, browsing the internet, or using apps is a significant cause of distracted driving. The urge to check notifications or respond to messages often deters a driver’s attention from the road.
• In-Car Technology: Modern vehicles often come equipped with advanced infotainment systems and navigation devices. Adjusting the car radio or navigation system while driving can be distracting.
• Food and Beverages: Eating or drinking while driving, reaching for items, unwrapping food, or spilled drinks.
• Grooming and Personal Care: Activities such as applying makeup, shaving, or brushing hair.
• Passengers: Interacting with passengers, especially if they are behaving in a disruptive or engaging manner, can distract a driver and impact their ability to concentrate on the road.
• Daydreaming: A driver’s mind wandering can lead to cognitive distraction, causing them to miss important visual cues or traffic signals.
• External Distractions: External distractions such as billboards, scenery, or accidents on the side of the road can divert a driver’s attention.
• Fatigue: Driving while drowsy or fatigued can significantly impair a driver’s attention, reaction time, and decision-making abilities.

Injuries from a Distracted Driving Accident

Distracted driving accidents can cause severe injuries, and our Las Vegas distracted driving accident lawyers regularly help clients suffering from:

• Broken or dislocated bones
• Spinal cord injuries
• Severe lacerations or amputations
• Internal organ damage
• Internal bleeding
• Traumatic brain injuries

What to do After a Distracted Driving Accident

Here are some critical steps to take after a distracted driving accident:

• Ensure Safety: Move to a safe location if possible, turn on hazard lights, and check for injuries. If anyone is seriously injured, call emergency services immediately.
• Contact the Police: If calling 911 is unnecessary, still call the police and report the accident and mention the involvement of distracted driving.
• Document the Scene: Take photos or videos of the accident scene, including vehicle damage, skid marks, traffic signs, and any visible injuries. This documentation can be valuable for insurance claims and legal proceedings.
• Gather Information: Exchange contact and insurance information with the other driver(s) involved. Also, collect contact details of any witnesses who saw the accident.
• Avoid Admission of Fault: Refrain from discussing fault or apologizing, as it may be used against you later. Stick to factual information when interacting with the other party, the police, and insurance companies.
• Seek Medical Attention: Even if you are not transported to the hospital or do not have apparent injuries, it is still vital to get a medical evaluation as soon as you leave the scene. Some severe injuries may have delayed symptoms. Additionally, keep records of all medical treatments, including doctor visits, tests, and prescribed medications.
• Notify Your Insurance Company: Report the accident to your insurer as soon as possible.

Contact our Las Vegas Distracted Driving Accident Lawyers Today

If you or someone you care about has been injured due to the actions of a distracted driver, you should seek legal assistance as soon as possible. You may be entitled to significant compensation, including:

• Your medical expenses related to the incident
• Lost wages and benefits if you cannot work
• Pain and suffering damages
• Loss of personal enjoyment damages
• Possible punitive damages against a grossly negligent driver

At Harris & Harris Injury Lawyers, we are dedicated to helping you get through this. When you need a Las Vegas distracted driving accident attorney, we will investigate your case thoroughly. You can contact us for a free consultation of your case by clicking here or by calling us at (702) 384-1414 or toll-free at 1 (800) 393-2350.