Distracted Driving Accidents
Las Vegas, Nevada
Distracted driving lawsuits
If you have been the victim of a distracted driver, you need to hire a knowledgeable and aggressive lawyer to file a claim on your behalf. Call us at 702-432-1000 to speak with our attorney directly about your case. We can get you monetary compensation for your injury and other related damages.
Distracted driving definition
Distracted driving is the act of driving while performing an activity that can divert a person's attention away from the road. Examples of activities that can cause distracted driving include:
- Texting or talking on the phone
- Using a smartphone for web browsing, emails, playing games, or watching videos
- Reading or writing
- Eating or drinking
- Using a navigation system
- Using a navigation system
- Adjusting car settings (mirrors, radio, wipers)
- Grooming
- Changing clothes
- Applying makeup or other cosmetics
Still, most distracted driving road accidents are caused by texting or talking on a phone.
Facts about distracted driving
In 2014 alone, accidents caused by distracted driving killed 3,179 people and injured 431,000 others. The problem of distracted driving is particularly prevalent with young drivers. According to The National Highway Traffic Safety Administration (NHTSA), 10% of all drivers 15 to 19 years old who were involved in fatal crashed were found to be distracted drivers.
Distracted driving laws in Nevada (NRS 484B.165)
NRS 484B.165 covers distracting driving laws. Texting, accessing the Internet or using a hand-held cell phone while driving is banned throughout the state of Nevada since 2012. This ban applies to drivers of all ages. Violators of the law are subject to fines ranging between $50 and $250. Exceptions are made for drivers making medical emergency calls or reporting a safety hazard or criminal activity.
Distracted driving claims
In many ways, a distracted driver accident claim is very similar to a car accident claim - the lawyer has to prove that the driver's negligence caused the accident, connect that negligence to the victim (or multiple victims), determine the damages, and file a claim to get monetary compensation for all medical bills (past, present, and future) and other damages.
If you had been injured in a car accident caused by a distracted driver, call us at 702-432-1000 and learn what can be done in your case.
Can you sue someone for causing an accident while texting?
Yes, when the person who was texting was also the driver who caused the accident. Whenever a person fails to follow the rules of the road and causes an accident, that a person can be sued under two theories of liability.
- The first is that they failed to exercise due care by not paying attention to other drivers.
- The second theory is called "per se" liability. This means that the driver broke a rule of the road and caused an accident. In this case, the rule of the road was to NOT text and drive.
A harder question to answer is whether you can sue a person who texted a driver who then crashed. That would be considered a novel theory of liability that has not yet stuck in Nevada. But, the law of negligence is always changing. As the law changes, our attorneys take advantage of each new change and make sure our clients get the most value for their claim.
When multiple parties involved
In certain circumstances, liability for a distracted driving accident can be extended to other individuals or businesses. For example, when multiple vehicles are involved in a crash, the drivers of each car can share liability. This liability will also extend to the owners of the cars when those owners negligently lent those vehicles to mediocre drivers. In this way, multiple parties can also be liable.
If the parties cannot agree on what percentage each party is at fault, then a jury will ultimately decide.
When is a company liable?
Corporations benefit from making their employees instantly accessible 24/7. But, when their employees are responsible for an accident - the company is also responsible. A good example would be distracted driving accidents involving FedEx or UPS vehicles.
Proving distracted driving
Typically, the cell phone records, witness reports, and traffic camera footage are used to confirm that the driver was distracted at the time of the accident. In cases involving significant injury and multiple victims, the attorneys often bring expert witnesses who can reconstruct the accident and assist a jury in understanding the evidence.
About settlements
Most of the personal injury cases in Las Vegas - and this includes distracted driving claims - are settled before trial. The lawyer can negotiate the settlement at any time - before litigation, during litigation, or during the trial.
Some distracted driving lawsuits are settled for millions of dollars.
Issues/challenges of distracted driving liability claims
There are many challenges that any attorney is facing in getting a fair settlement for the client(s):
- The at-fault driver may have crappy liability insurance with low maximum coverage.
- Even though the driver was on a business phone during the accident, his/her employer refuses to admit their fault.
- The insurance may dispute a claim based on the pre-existing condition of the injured person.
Lawsuits involving distracted drivers are complex and require a skilled and resourceful lawyer to establish the liability of the driver and any potential third parties.
Call us at 702-432-1000 with any questions you may have. Often on the phone, we can tell you what should be the right course of action in your case.
We can help
At Heshmati & Associates, we pursue distracted driving lawsuits very aggressively and will bring insurance companies and other responsible parties to court, if needed.
We handle all distracted driving cases on a contingency basis, which means - you don't have to pay anything until we win your case in court or get you a settlement.
Heshmati & Associates represent clients in Las Vegas, Henderson, Summerlin, North Las Vegas, Clark County, and throughout Nevada. Many of our clients are tourists who got injured while visiting Las Vegas.
Call us at 702-432-1000 to schedule an appointment. We don't charge for consultations.
