When it comes to distracted driving, texting while driving is one of the most serious and dangerous activities that can put your life in jeopardy. According to the Centers for Disease Control and Prevention (CDC), more than 9 people are killed every day in the U.S. due to accidents involving a distracted drivers, with texting being one of the leading causes. If you have been injured in an accident caused by a driver texting while behind the wheel, then you may be wondering if you can sue for liability in Las Vegas texting and driving car accidents. Hiring a Las Vegas auto injury lawyer can help you understand your legal rights and options.
Nevada Law & Your Right to Sue
In Nevada, all drivers owe a duty of care to others on the road. When a driver chooses to text and drive, they are breaching that duty and can be held liable for any resulting damages. If you have been injured or lost a loved one in an accident caused by texting while driving, then you could have grounds for filing a lawsuit against the at-fault driver.
Proving Liability & Collecting Evidence
To pursue a claim, it is important to show that the at-fault driver was distracted by their phone while operating a motor vehicle. Oftentimes, it can be difficult to prove this without solid evidence. That’s why it is essential to work with an experienced Las Vegas texting and driving car accident attorney. An experienced attorney can help you collect the necessary evidence to prove that the other driver was texting while driving and, thus, liable for your damages.
Comparative Negligence & Reduction of Damages
It is also important to note that in Las Vegas, Nevada follows a “comparative negligence” rule when it comes to awarding damages. This means that if you are found to be partially at fault in the accident, your compensation may be reduced by the amount of blame that is assigned to you. For this reason, it is always important to have a knowledgeable attorney on your side who can help protect your rights and make sure you receive the full amount of compensation you deserve.
What Proof Is Needed For a Car Accident Lawsuit?
In order to prove liability in a car accident lawsuit, you’ll need evidence that establishes the other driver was negligent or acted recklessly. This can include witness testimony, photographs of the scene, and any audio/video recordings from dash cams or cell phones. Additionally, your attorney may request phone records from the at-fault driver that prove they were texting or using their phone at the time of the accident. This means that it is important to hold onto any evidence related to the accident and contact an attorney as soon as possible.
Average Settlements for Car Accidents Involving Texting
The amount of compensation you can recover from a car accident lawsuit will depend on the specific facts and circumstances of your case. The average settlement for cases involving texting while driving may include:
- Medical bills, past and future
- Lost wages
- Pain and suffering damages
- Property damage
- Loss of consortium
Having a lawyer on your side can make a major difference in the amount of compensation you receive, as they will work hard to ensure that all of your losses are accounted for and that you receive the full amount of damages you deserve.
