Jack’s Got Your Back
Las Vegas Distracted Driving Lawyers
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 pursue any compensation that may be available under the facts and the law. If you or a loved one has sustained injuries and other damages due to the negligence of a distracted driver, you will want experienced auto accident lawyers to help you build a strong case for compensation.
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Free, confidential evaluation in as little as 5 minutes. Contact us today to speak to Jack personally.
- You pay nothing until we win
- Get an immediate call back. 24/7
- We do not sell or share your information
Over $500 Million in Verdicts & Settlements
Jack Bernstein stays personally involved in the cases his firm handles. We will investigate your claim and pursue any compensation that may be available under the facts and the law.
*Jack Bernstein has worked on the above cases during his career at this firm or another firm. Past results do not guarantee, warrant, or predict future cases.
See Case ResultsWhy hire Jack Bernstein Injury Lawyers?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 years.
Speak to Jack about your caseIf any one is looking for a lawyer look no more and go to Jack Bernstein injury lawyers. They handled everything for me in little to a few months. They were very helpful and answered any questions that i had. The staff are very friendly. Definitely recommend them and would come back to them in a heartbeat if needed. Thank you Jack Bernstein Injury Lawyers and Team!
$500 million+ recovered
More than 40 years of verdicts and settlements for injured people and their families. Past results do not guarantee your outcome.
Jack is personally involved
You are not a case number. Jack stays involved in your case, and you will always know who is handling it.
We know how insurance companies work
Auto insurers want you to take a fast, low offer. We build every crash case as if it is going to trial.
Experts who strengthen your case
Accident reconstruction experts, doctors and investigators who show how the crash happened and what it has cost you.
No fee unless we win
No upfront cost. We advance the expenses of your case, and you pay no attorney fee unless we win.
Free consultation, day or night
Call any time, 24 hours a day. Tell us what happened and you will get an honest answer about your case.
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 eyes off the road (visual distraction), 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, NRS 484B.165(1) provides that a person operating a motor vehicle on a highway in this State shall not manually type or enter text into a cellular telephone or other handheld wireless communications device, send or read data using such a device to access or search the Internet or to engage in nonvoice communications, or use such a device to engage in voice communications without an accessory that allows the person to communicate without using his or her hands. The section has its own exceptions, listed in subsection 2. 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
Manual distraction
Cognitive distraction
Specific examples of distracted driving:
Texting or using a smartphone
Eating and drinking
Interacting with passengers
Grooming
External distractions
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
Report the accident
Document the scene
Do not admit fault
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.
If you are not sure what to do next
You do not have to gather the report, the photos and the witness details on your own before you call. Tell us what happened and we will tell you honestly whether it is a case worth bringing.
Free consultation · No fee unless we win · Available 24/7
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 we will investigate your claim and pursue any compensation that may be available under the facts and the law. 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. Under NRS 41.141, each defendant is normally severally liable only for its own percentage of the fault, but joint and several liability survives for certain claims, including strict liability and an injury resulting from a product manufactured, distributed, sold or used in Nevada. Either way, you can still recover if you were partly at fault, as long as your negligence was not greater than the negligence of the defendant, or the combined negligence of the defendants you are suing, with any award reduced in proportion to your share. Our experienced lawyers can help you navigate these complexities and explain which rule fits your case.
Distracted driving case FAQs
Have questions about your case?
Every distracted driving case is different. These answers cover the general rules; what applies to you depends on the facts.
Call us any time, 24 hours a day, and we will go through the specifics with you. It is free, and there is no obligation.
(702) 633-3333 Free consultation · Available 24/7 Or send us the details onlineWhat qualifies as distracted driving?
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.
How can I prove that the other driver was distracted at the time of the accident?
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.
Can passengers in the vehicle of the distracted driver also file a claim?
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.
What types of compensation can I receive from a distracted driving accident claim?
You may be entitled to various forms of compensation, including for medical expenses, lost wages, pain and suffering, property damage, and potentially more.
What should I do if I was partially responsible for the accident because I was distracted?
Nevada follows a modified comparative negligence rule (NRS 41.141), which means you can still recover damages if you were partially at fault, as long as your negligence was not greater than the negligence of the defendant, or the combined negligence of the defendants you are suing. Any damages awarded are reduced in proportion to your share of the fault. It’s essential to speak with our experienced attorneys to understand how this rule might apply to your case.
How long do I have to file a claim after a distracted driving accident in Nevada?
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.
What should I do if the insurance company tries to downplay the distracted driver’s fault?
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 we will gather the evidence of fault and pursue any compensation that may be available under the facts and the law.
I was involved in a distracted driving accident while visiting Las Vegas, can I still make a claim?
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.
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.
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