The days following a car crash can be filled with strong emotions and your life can feel as though it’s been turned upside down. When you have been hurt in an accident because of another motorist’s texting and driving, the unfairness of the situation can weigh heavily on your mind.
There are still financial obligations and insurance claims to deal with and the whole situation can seem hopeless and overwhelming. It’s important to understand that you don’t have to handle the situation alone.
The Boulder City attorneys of Pacific West Injury Law Firm have dedicated their careers to helping accident victims. We have effectively handled numerous car accident claims involving distracted drivers and recovered significant compensation on behalf of our clients.
Do You Need an Accident Lawyer After a Texting While Driving Accident?
While determining who the responsible party is may seem obvious at first, there may be underlying factors at play. A lawyer will understand how to identify all of the potential sources of liability to ensure that all responsible parties are held to account.
Your lawyer will have knowledge of Nevada texting and driving laws (Nevada Revised Statutes 484B.165) and will know how to navigate the complex issues involved in insurance claims, but they can also make the entire claims and legal process much easier on injury victims.
Proving liability in a distracted driving case isn’t always easy, but a lawyer can help you by gathering information and evidence that can help to prove the defendant’s negligence.
An attorney with our firm will:
- Review and gather evidence such as security or traffic camera footage, police reports, surveillance videos, or witness interviews
- Complete a comprehensive accounting and evaluation of the true value of damages in your claim
- Handle all correspondence and contact with the opposing counsel and the insurance company adjusters and attorneys on your behalf
- Identify and locate all liable parties in your accident claim
- Develop a legal strategy for your claim
- Offer legal advice and guidance specific to your situation
- Conduct negotiations with insurance company representatives or opposing counsel
- Preparing your case for court in order to pursue legal action if necessary
The insurance company and its attorneys will act very quickly to reduce their liability and devalue your claim. Seeking legal counsel early in the process can be a valuable step in the recovery of full compensation.
What Damages Are Considered in a Texting And Driving Accident in Nevada?
The damages you can collect will depend on the specifics of your case. A Boulder City texting while driving accident attorney may choose to work with financial experts, healthcare planners, or economists to accurately determine the full value of your claim.
These experts can testify and offer credence to a claim that requires a substantial amount of compensation to cover your damages.
The following damages can be collected in Nevada car accident cases:
- Medical costs: All medical treatments, prescriptions, and physical therapy
- Lost wages: current and future loss of wages and benefits
- Future lost wages: reduced earning potential, vocational rehabilitation
- Property damage: repair or replacement of your vehicle or other property damaged in the crash
- Diminished quality of life: if an accident causes disability or loss of limbs or senses
- Pain and suffering: physical and emotional pain experienced due to the accident
- Disfigurement, scarring: permanent disability and physical disfigurement
As every case is unique and the damages you suffer are your own, some damages you may collect may not be listed here. A lawyer can provide you with an estimated claim value for your case and help you to understand the calculation methods used.
What Should You Do if an Insurance Adjuster Contacts You?
An insurance adjuster’s primary focus is to settle your claim quickly with as little payout as possible. Adjusters are skilled professionals who commonly employ a number of tactics to save their companies money. As sympathetic or kind as they may appear, they are not on your side.
Questions from an insurance adjuster or offering your agreement to record a statement can seem harmless but have the potential to be used against you later. They usually make lowball settlement offers for your car accident that won’t cover a fraction of your expenses.
To be sure your interests are being represented, refer them to your texting and driving accident attorney in Boulder City.
How Do You Prove Liability in a Texting and Driving Accident Case?
A complete evaluation of the evidence is needed to determine the sources of liability and to discover if there is any evidence to prove negligence occurred. An attorney will gather information from various sources to help build your case against the other driver.
An attorney can gather evidence such as:
- Cell phone footage from witnesses
- Surveillance video from nearby homes or businesses
- Traffic camera footage
- Eye witness accounts
- The police report from the accident
- Accident reconstructionist testimony
Even if it seems obvious that the driver was distracted by their phone, it’s still necessary to provide proof of negligence in a court of law. The insurance adjusters are aware of this, and they can deny your claim if you don’t have the right evidence.
The evidence to prove a driver was texting and caused your accident can be any of the following:
- Driver admission: the driver tells the police, you, or witnesses they were texting
- Camera footage: a traffic cam, dashboard cam, security camera, or cell phone video
- Law enforcement: they were cited for texting and driving
- Cell phone records: cell phone records can be subpoenaed and will show the text activity
- Accident reconstructionist: an expert witness can analyze the evidence and offer testimony
The ability to prove negligence has occurred is paramount in any accident claim. A Boulder City texting while driving accident lawyer will have the resources available to gather and analyze evidence to build your case.
Contact a Boulder City Texting While Driving Accident Lawyer Today
At Pacific West Injury Law, our primary concern is recovering financial compensation for people who have experienced injuries and losses because of the negligent acts of others.
If you have been hurt in a texting and driving car accident, you should not be forced to handle the financial consequences, and you don’t have to face it alone. Our attorneys can help you to understand your legal options and evaluate your claim with no cost to you and no obligation.