Las Vegas Distracted Driving Accident Lawyer

Nevada follows a fault-based system for car accident claims, meaning the party responsible for causing the crash may be held legally liable for damages. While the distracted driver is often at fault, liability doesn’t always stop there. 

Depending on what caused or contributed to the distraction, more than one party may share some of the legal responsibility.

Possible At-Fault Parties

Liability in a distracted driving accident depends on how the distraction influenced the crash. Under Nevada’s comparative fault rules, several parties can be found partly responsible and may share the consequences. Below are common parties who could be named in a lawsuit arising from a distracted driving collision.

Distracted Driver Liability

Most of the time, the driver who caused the accident while distracted is the one who is often found liable. This could include eating or talking on the phone, for example. Nevada law (NRS 484B.165) says that you can’t write, read, or send texts, access data, or use a personal device while you’re driving. You can only make hands-free calls.

While driving, if a driver breaks these rules or does something else that a reasonable driver would not do, that can be used to show negligence.

Employers of Commercial or Delivery Drivers

If a delivery driver, truck driver, or rideshare driver (like Uber and Lyft) causes an accident while on the job, their employer may be “vicariously liable.” This could happen if a company driver hits something while using company apps or looking up directions. 

For companies that don’t train, supervise, or enforce safety rules for their drivers, they can also be sued and held directly responsible.

Third-Party Drivers in Multi-Vehicle Accidents

In complex crashes involving more than two drivers, several parties may each have played a role in the accident. In Nevada, if multiple drivers jointly created a dangerous situation, each one may share civil liability.

Vehicle Manufacturers and Technology Failures

Accidents aren’t always just the fault of careless drivers. Sometimes dangerous situations are caused by problems with the technology. 

If a car’s infotainment system or lane-assist system breaks down and distracts the driver, the maker of the car might be responsible. When defective technology causes the distraction that leads to the crash, a product liability case might be filed.

Government Entities for Unsafe Road Conditions

Some accidents result or get worse because of unsafe road design, missing signs, or malfunctioning traffic lights. In very rare cases, local or state governments might be partly to blame for a crash. There are strict rules and dates for filing claims against government entities, so prompt action may be important.

Recognizing all the possible parties at fault helps make sure that people hurt by distracted driving can seek fair compensation and justice. This is not just from the driver but from everyone whose actions played a role.

Anyone injured in a distracted-driving accident may be able to recover compensation. This is for their financial losses and the personal consequences of the crash. 

The value and type of damages available depend on different factors. This usually includes the severity of your injuries, the length of your recovery, and the ways your life is affected day to day.

Economic Damages

Economic damages cover clear, out-of-pocket costs after your accident. These include hospital bills, surgery, physical therapy, medications, and costs for future treatments. You can also request lost wages, reduced earning potential if you can’t return to work, and repair or replacement of your vehicle and other property.

Non-Economic Damages

These damages address the pain and everyday issues you face after the accident. You may receive compensation for physical pain, lasting trauma or anxiety, changes to your lifestyle, and disruption to your family or relationships. 

While harder to put a number on, they are an important part of what compensation may be available to you. 

Punitive Damages in Cases of Reckless Conduct

Punitive damages might be awarded in rare cases. This only occurs when the defendant’s conduct is particularly reckless and egregious. An example could be texting and driving at a really high speed. These damages are given to punish the defendant. 

They’re also supposed to prevent similar behavior from happening again.

Each accident and recovery journey is different. That being said, understanding the range of possible compensation is important for all victims. 

If you’ve been hurt in a distracted driving crash, taking these important steps can help protect you and your legal case.

1. Get to safety. Move away from the road and oncoming traffic if possible. 
2. Call 911 immediately. Report the accident and request emergency medical care. This should be done even if you think your injuries are minor.
3. Ask for an official police report. This document is important for insurance and legal claims.
4. Document the accident scene. Do this by taking photos and videos of all vehicle damage. Also photograph road conditions and debris. Pictures of skid marks, vehicle positions, and any visible injuries can help too.
5. Get contact details for the other driver. Also get their insurance information. Ask witnesses for names and phone numbers in case more information is needed later.
6. Avoid admitting fault. Don’t make statements that could be misunderstood as admitting responsibility.
7. Seek advice from a Las Vegas distracted driving accident attorney. It’s helpful to do this before speaking with insurance adjusters or agreeing to any settlement. 

Taking these steps can help you pursue compensation for your injuries and other losses. 

A distracted driving accident can cause many different types of injuries. This could include: 

• Whiplash and neck injuries
• Concussions and traumatic brain injuries
• Spinal injuries and back damage
• Bone fractures
• Soft tissue sprains, strains, and bruising
• Internal injuries, such as organ damage or bleeding
• Emotional effects like anxiety, PTSD, or depression

Some symptoms may not show up until days or even weeks after the collision. Always pay attention and seek medical attention for any injuries that arise. 

One of the most important and difficult parts of a distracted driving case is actually proving that the other driver wasn’t paying attention when the crash happened. This requires a focused investigation and strong evidence clearly tying the distraction to the cause of the accident. 

Evidence Used to Show Driver Distraction

In distracted driving cases, key evidence includes:

• Cell phone records (showing calls, texts, or data use at the time of the crash)
• Police reports
• Witness statements 
• Video footage from dashcams or traffic cameras
• Physical items like a dropped phone or fast-food wrappers in the car
• Expert testimony and accident reconstruction 

Nevada Negligence and Duty of Care Standards

Nevada drivers must drive safely and pay attention. Texting, eating, or looking away is breaking this rule. When you’re arguing that the other person was distracted, you have to show a few things to win a claim. 

You have to show that the other driver was not paying attention and that their actions caused the accident. After that, you have to prove that the incident caused your injuries. That link is very important.

Comparative Fault and Shared Liability

According to the modified comparative negligence rule (NRS 41.141), people who are hurt in an accident can recover damages if they are not more than 50% responsible. Recovery is generally barred if a person’s fault is 51% or more.

For instance, if you are 20% to blame and your damages are $100,000, your award would be 20% less. In other words, you would get $80,000. You would not get anything if you were more than 51% to blame.

Distracted driving accidents are often more serious because reduced attention slows reaction time. It also makes the severity of the crash higher because there is often little or no braking. Many of these crashes occur at full speed, resulting in more severe injuries than in most other wrecks. Several specific risk factors help explain this increased danger:

Delayed Reaction Time and High-Speed Impact

• Distracted drivers often don’t react in time, leading to collisions at higher speeds.
• Texting may prevent drivers from braking at all, resulting in more severe injuries.
• These crashes often involve violent force and a greater chance of disabling injuries. 

Increased Risk of Rear-End and Intersection Collisions

• Distraction is a main factor in rear-end crashes and missed traffic signals.
• Intersection and crosswalk accidents become more common, especially with pedestrians.
• Common outcomes include T-bone and stop-and-go pile-ups. 

Combined Visual, Manual, and Cognitive Distractions

• Distraction may involve the eyes, hands, and mind, all at once.
• Phone use while driving engages all three distraction types, making crashes much more likely.
• These layered distractions greatly increase risk compared to other kinds of negligence.

Distracted driving can lead to severe injuries and should be taken seriously by everyone on the road. 

Distracted driving crashes often involve drivers taking their eyes, hands, or attention off the road. Research identifies several high-risk behaviors that appear in these crashes.

Texting While Driving

Texting requires visual and manual focus. Research shows it is one of the highest-risk tasks.

Reading While Driving

Reading while driving takes a driver’s eyes off the road. Research identifies it as a high crash-risk activity.

Reaching for Objects

Reaching for items can interrupt the controlled operation of a car. Research shows this behavior is tied to increased risk of getting in a crash.

Handling Objects While Driving

Manipulating objects can distract a driver. Research identifies this as one of the highest-risk secondary tasks.

Using a Phone While Driving

Dialing or interacting with a phone requires visual and manual attention. Research shows these tasks increase crash risk.

Looking Away From the Road

Taking eyes off the road can increase crash risk. Research shows the longer a driver looks away, the higher the risk.

Using Navigation Systems

GPS use can pull a driver’s focus away from driving. Public health agencies recognize it as distracted driving.

Eating or Drinking While Driving

Eating or drinking can take hands or focus away from driving. Safety agencies identify this as a distraction.

If you’re considering filing a lawsuit after a distracted driving accident in Nevada, it’s helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a person to recover damages if their negligence is not greater than the negligence of the parties they are seeking recovery from, with damages reduced based on their percentage of fault.

Example: Let’s say you were injured in a distracted driving accident and later sue, but evidence shows you were 30% at fault for making an unsafe turn, while the other driver was 70% at fault for texting and failing to pay attention to traffic. If the total damages are $100,000, you may still recover compensation, but it would be reduced by 30%, resulting in a $70,000 recovery.

Nevada’s Statute of Limitations Law

NRS 11.190 – Requires that an action to recover damages for personal injury or wrongful death be filed within 2 years.

Other Related Nevada Laws

NRS 41.085 – Allows the heirs and personal representatives of a decedent to bring an action for damages and recover specified damages on behalf of themselves and the decedent’s estate.

NRS 484B.165 – Prohibits a person from manually using a handheld wireless communications device to type, send, read data, or engage in voice communication without a hands-free device while operating a motor vehicle.

NRS 484B.600 – Prohibits driving at speeds that are unreasonable or unsafe, exceed posted limits, or exceed 80 miles per hour.

NRS 484E.010 – Requires a driver involved in a crash resulting in bodily injury or death to immediately stop, remain at the scene, and stay until required duties are completed.

NRS 484E.030 – Requires a driver involved in a crash to provide identifying information, exhibit their license upon request, render reasonable assistance to injured persons, and report the crash if no police officer is present.

NRS 484B.653 – Prohibits reckless driving, including driving in willful or wanton disregard for safety, and imposes penalties for such conduct.

If you or a loved one has been injured by a distracted driver in Las Vegas, you don’t have to handle the aftermath alone. Experienced Las Vegas distracted driving accident lawyers can answer your questions. We will also pursue compensation that may be available. Contact us to get a free consultation for a distracted driving accident lawsuit. We will explain how we can help you move forward.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117