Distracted driving has become one of the leading causes of car accidents in Las Vegas and across the country. Drivers who take their attention off the road, even for a moment, put everyone around them at risk. When a distracted driver causes a serious accident, the consequences can be life-changing. Las Vegas auto accident lawyers work tirelessly to help accident victims seek fair compensation, proving negligence and holding at-fault drivers accountable.
Here’s how skilled personal injury lawyers fight for car accident victims of distracted driving crashes and guide them through the legal process to obtain full and fair compensation.
1. Understanding What Distracted Driving Is
Distracted driving occurs when a driver’s attention shifts away from operating his or her vehicle safely, and these distractions can be:
Manual distractions: Taking hands off the steering wheel
Visual distractions: Looking away from the road
Mental distractions: Losing focus while driving
Common distractions include cell phone use, adjusting the radio, eating, or engaging with passengers. Any distraction reduces a driver’s ability to react to road hazards and increases the risk of a serious accident.
Nevada law prohibits cell phone use while driving unless a hands-free device is used. Violating these laws can play a key role in proving negligence in a distracted driving case.
2. Investigating the Accident Scene
A thorough investigation of the accident scene is crucial in distracted driving cases. Auto accidents involving distracted drivers often require detailed evidence to prove liability.
Las Vegas driving attorneys start by collecting evidence from the scene, such as:
Photos of the accident scene
Police reports
Witness statements
Surveillance footage
Plus, accident victims should also document the scene, if possible, by taking photos. Moreover, they must gather contact and insurance information from the other driver.
3. Proving Negligence in a Distracted Driving Case
Proving negligence requires showing that the distracted driver’s actions caused the car crash. This involves demonstrating that the other driver’s behavior directly contributed to the accident and resulting injuries.
Law firms use various methods to prove liability, such as:
Cell phone records to show the at-fault driver was using their phone
Police reports documenting distracted driving behavior
Witness testimony to confirm the distracted driver’s actions
A skilled personal injury lawyer will build a strong case to prove the other driver’s fault and ensure accident victims can recover compensation for their losses.
4. Securing Medical Records and Expenses
Car accident victims often suffer serious injuries that require extensive medical treatment. Common injuries from distracted driving crashes include:
Traumatic brain injuries
Spinal cord injuries
Broken bones
Internal injuries
A distracted driving lawyer will gather medical records to document the extent of the injuries and calculate the associated medical expenses. These records are essential in seeking compensation for medical bills, ongoing treatment, and physical therapy.
5. Calculating Lost Wages and Future Losses
Serious accidents often prevent victims from returning to work, resulting in lost wages and diminished earning capacity. Injury attorneys will account for both current and future income losses when building a distracted driving accident claim.
They work with financial experts to estimate future losses, ensuring accident victims receive maximum compensation for their injuries and inability to work.
6. Negotiating With Insurance Companies
Insurance companies often attempt to minimize payouts in personal injury cases. Car accident victims should never accept an initial settlement offer without consulting an experienced attorney.
A distracted driving attorney handles all negotiations with the insurance company to ensure victims receive full and fair compensation. This includes compensation for:
Medical expenses
Lost wages
Property damage
Pain and suffering
Negotiation skills are critical when dealing with insurance companies that prioritize their bottom line over accident victims’ recovery.
7. Filing a Personal Injury Lawsuit When Necessary
If the insurance company refuses to offer a fair settlement, the next step is to file a personal injury lawsuit.
Driving accident lawyers prepare a strong case by gathering all necessary evidence, including:
Cell phone records
Medical bills
Police reports
Witness statements
Filing a lawsuit holds the at-fault driver accountable and pushes for fair compensation through the legal system.
8. Addressing Emotional and Psychological Impact
Distracted driving accidents cause more than just physical injuries. Accident victims often endure emotional distress, anxiety, and PTSD.
Las Vegas law firms recognize the importance of mental recovery and seek compensation for emotional suffering. Proving emotional damages requires documentation from mental health professionals, which experienced attorneys help secure.
9. Pursuing Wrongful Death Claims for Fatal Crashes
Tragically, some distracted driving crashes result in fatalities. In these cases, a wrongful death claim may be filed on behalf of the deceased’s family members.
Wrongful death claims seek compensation for:
Funeral expenses
Lost income
Emotional distress
An experienced attorney provides compassionate legal assistance to grieving families, ensuring they receive the financial support they need.
10. Offering a Free Consultation and No Upfront Costs
Most personal injury law firms, including Bourassa Law Group, offer a free consultation to discuss the case and explain the legal process.
In addition, many law firms operate on a contingency fee basis, meaning clients don’t pay upfront legal fees. Instead, the attorney receives payment from the final settlement, ensuring that accident victims can access legal representation without financial stress.
FAQ
What qualifies as a Las Vegas distracted driving accident? A Las Vegas distracted driving accident occurs when a driver’s attention is diverted from the road, often causing severe injury or damage to motor vehicles. Common distractions include phone use, eating, or adjusting controls.
How do I file a distracted driving claim? A distracted driving claim is filed by proving that the at-fault driver’s distraction caused the car accident. Evidence like cell phone records, witness statements, and police reports are crucial for determining liability.
Can a distracted driving accident lawyer help with my claim? Yes, a distracted driving accident lawyer will help prove negligence, gather evidence, and negotiate a settlement or pursue a personal injury claim to seek compensation for medical bills, lost wages, and emotional distress.
What are the serious consequences of a distracted driving accident? Crashes involving distracted drivers can lead to head-on collisions, severe injury, and even fatalities. The legal consequences for the at-fault driver include potential lawsuits for damages.
Bonus Questions
Can I claim for injuries caused by a distracted driving accident in Las Vegas? Yes, victims of a Vegas distracted driving accident can file a personal injury claim to recover compensation for injuries caused by the crash. Severe injury like traumatic brain injury or spinal cord injury may be part of the claim.
What types of crashes are common in distracted driving accidents? Distracted driving accidents often lead to rear-end collisions, head-on collisions, and crashes involving pedestrians. These accidents can result in serious injuries and severe consequences for the victim.
What is involved in determining liability in a distracted driving accident? Determining liability involves gathering evidence such as police reports, witness testimony, and cell phone records to prove that the distracted driver caused the crash and injuries.
How does a personal injury claim work in a distracted driving case? A personal injury claim involves seeking compensation for injuries, medical expenses, and emotional distress caused by the accident. An experienced lawyer will help file the claim and fight for fair compensation.
Conclusion
Las Vegas auto accident lawyers play a vital role in fighting for victims of distracted driving. They prove negligence, negotiate with insurance companies, and ensure accident victims receive the compensation they deserve.
If you or a loved one has suffered serious injuries due to a distracted driver, contact Bourassa Law Group for compassionate and experienced legal representation.
Reach out today to schedule your free consultation today and let us help you recover maximum compensation for your losses.
1-800-870-8910