If you’ve been involved in a car accident caused by a distracted driver in Las Vegas, you can indeed sue for damages. Nevada law allows victims of distracted driving accidents to seek compensation for their injuries and losses. However, proving distracted driving and navigating the legal process can be complex, requiring a thorough understanding of Nevada’s laws and compelling evidence.
At Jack Bernstein Injury Lawyers, we’ve been helping residents with distracted driving cases for over 40 years. We understand the nuances of these claims and can guide you through each step of the legal process.
What Qualifies as Distracted Driving in Nevada?
“Distracted driving” is a description rather than a defined term in Nevada law: it covers any activity that takes a driver’s attention off the task of driving. What Nevada regulates by statute is narrower, the use of a handheld wireless communications device while driving. That matters to a claim, because most of the other habits on the list below break no specific statute; they are argued as a failure to use reasonable care.
Common types of distracted driving include:
- Visual distractions (taking your eyes off the road)
- Manual distractions (taking your hands off the wheel)
- Cognitive distractions (taking your mind off driving)
Specific examples:
- Texting or using a smartphone
- Eating or drinking
- Grooming
- Adjusting the radio or GPS
- Talking to passengers
What the Nevada statute actually prohibits while you are operating a motor vehicle on a highway in this State:
- Manually typing or entering text into a cellular telephone or other handheld wireless communications device, and sending or reading data on such a device to access or search the Internet or to engage in nonvoice communication such as texting, electronic messaging or instant messaging (NRS 484B.165(1)(a))
- Using such a device for voice communication, unless it is used with an accessory that lets the driver communicate without using their hands (NRS 484B.165(1)(b))
- It is not a flat ban on having a device in your hand. The section does not prohibit a voice-operated global positioning or navigation system affixed to the vehicle, and it does not apply to emergency responders and law enforcement acting in the scope of their work, a person reporting a medical emergency, safety hazard or criminal activity, a licensed amateur radio operator communicating in a disaster, or a utility employee on an emergency dispatch (NRS 484B.165(2) and (3))
Penalties for violations range from $50 for a first offense to $250 for third and subsequent offenses, with fines doubled in work zones.
To learn more about Nevada’s distracted driving laws and penalties, visit our detailed guide.
Cite: NRS 484B.165
Proving Distracted Driving in Your Case
To successfully sue for a distracted driving accident, you’ll need to prove the other driver’s negligence. This involves demonstrating:
- The driver owed you a duty of care
- They breached that duty through distracted driving
- This breach directly caused your accident
- You suffered damages as a result
Gathering strong evidence is crucial. Types of evidence often used in distracted driving cases include:
- Cell phone records
- Witness statements
- Police reports
- Traffic camera footage
- Accident reconstruction reports
In some cases, obtaining a copy of the car accident report in Las Vegas can help strengthen the available evidence. It’s also important to note that Nevada follows a modified comparative negligence rule. This means:
- You can recover damages as long as your negligence was not greater than the negligence of the driver, or the combined negligence of the defendants you are suing
- Your compensation is reduced by your percentage of fault
- If your share of the fault is greater than theirs, you cannot recover damages
For more information on proving negligence in distracted driving cases, check out our comprehensive guide.
Steps to Take After a Distracted Driving Accident
Taking the right actions immediately after an accident can significantly strengthen your potential case:
- Ensure safety and call 911 if necessary
- Document the scene:
- Take photos of vehicle damage and the accident scene
- Collect contact information from witnesses
- Note any observations of the other driver using a phone or engaging in distracting activities
- Seek medical attention, even if you feel fine
- Report the accident to your insurance company
- Consult with an experienced attorney before giving statements to any insurance companies
Remember, the evidence you gather immediately after the accident can be crucial for your case. Learn more about what to do after a car accident in Las Vegas.
Filing a Lawsuit: Key Points to Know
If you decide to sue for a distracted driving accident, here are some key points to keep in mind:
- Statute of Limitations: In Nevada, you have 2 years from the date of the accident to file a personal injury lawsuit, and 3 years for property damage claims. More information on Nevada’s filing deadlines for personal injury claims can help clarify the timing.
- Legal Process Overview:
- Initial consultation with an attorney
- Investigation and evidence gathering
- Filing the complaint (steps involved in starting a personal injury case)
- Discovery phase
- Negotiations or mediation
- Trial (if necessary)
- Most cases settle before going to trial, but being prepared for court is crucial.
It’s also important to consider how Nevada’s comparative negligence rule could influence the outcome of your case, particularly if multiple parties share fault.
Potential Compensation in Distracted Driving Cases
If your lawsuit is successful, you may be entitled to various types of compensation:
- Economic Damages: Medical expenses, lost wages, property damage
- Non-Economic Damages: Pain and suffering, emotional distress
- Punitive Damages: In cases of extreme recklessness (rarely awarded)
The specific amount you might recover depends on factors such as:
- Severity of injuries
- Impact on your ability to work
- Long-term or permanent effects
- Degree of fault assigned to each party
To learn more about potential compensation in car accident cases, explore our comprehensive guide.
How an Attorney Can Help
Navigating a distracted driving lawsuit can be complex. An experienced attorney can:
- Track the filing deadlines that apply to your claim
- Handle communication with insurance companies
- Gather and present compelling evidence
- Negotiate for fair compensation
- Represent you in court if necessary
At Jack Bernstein Injury Lawyers, we understand the impact a distracted driving accident can have on your life. With 40 years of experience handling these cases, we’re committed to fighting for your rights and pursuing any compensation that may be available under the facts and the law.
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas car accident lawyers. You will gain an advocate for every stage in the claims process, and we will pursue your claim to a resolution.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.