Cell phone use has permeated the daily routines of nearly everyone in the country. It’s almost compulsory to check your phone when you hear a notification. However, when people forget the importance of focusing on the road to pay attention to their cell phones instead, car accidents can happen.
Distracted driving is a considerable problem for motorists, especially when someone is texting while driving and causes a car crash. Any accident involving texting and driving will have its own set of circumstances, but they don’t change the fact that a distraction caused your injury.
If your car accident was caused by another driver who was texting while driving, the Enterprise texting while driving accident attorneys of Pacific West Injury Law may be able to help. Texting and driving in Nevada is against the law, and you may be owed compensation.
Texting While Driving Is a Form of Distracted Driving
Texting and driving is distracted driving, and Nevada Revised Statutes § 484B.165 defines the laws of cell phone use while driving. It is prohibited to talk or text while driving unless it is used with a hands-free device.
According to the Centers for Disease Control (CDC) about 3,000 people are killed in accidents involving distracted drivers every year. A staggering 20% of the people killed by distracted driving accidents were not even in a car. They were either bystanders, walking, or on a bicycle.
If you were one of the nearly 500,000 people hurt each year by a distracted driver, you are legally entitled to seek damages for your injuries, lost wages, and other damages. Distracted driving is negligence, and a texting while driving accident attorney can help you file a claim.
Liability in a Texting While Driving Accident
Proving liability in a car crash isn’t always as easy as it seems. The distracted driver’s insurance company will fight against the claim and attempt to reduce their liability. They want to minimize the settlement payout by any means possible, and they often try to place some of the fault on the victim.
A texting while driving accident lawyer in Enterprise can defend you against any allegations of liability. Your attorney will understand the complexities of insurance claims as well as know how to prove negligence against the liable party.
In order to fight against the insurance company and opposing counsel effectively, your attorney will gather evidence and perform a comprehensive review to determine all sources of liability and to find the proof that is needed to substantiate your claim in court.
Your lawyer can help to prove liability by gathering evidence such as:
- Cell phone footage from witnesses, surveillance or dashcam video, traffic camera footage
- A police report from the accident
- Accident reconstructionist testimony
- Eye witness accounts
Conducting a complete evaluation of your case is one way a lawyer can help to ensure a positive outcome in your claim and can also aid in maximizing the compensation you receive.
How to Prove a Texting While Driving Car Accident Claim
Finding evidence to prove that texting while driving was the cause of your accident requires finding the right evidence. While the cause may appear to be evident, it’s still necessary to have the proof in the event your claim is denied by the insurance company or if the case proceeds to court.
Here are the ways that we may use to prove a driver was texting when they caused the accident:
The Driver Admits It
Sometimes, people simply tell the truth and admit they were distracted by a phone call or text. People are often in a heightened emotional state after a car accident, and they may blurt it out only to deny it later. Then, you, the officer, or another witness can be called to testify about what was previously said.
Other drivers, pedestrians, or a passenger may tell the police what they witnessed. While witness testimony can be unreliable, it is hard to refute if more than one person who was not involved in a crash can corroborate the story.
Security Camera Footage
Depending on where the accident occurred, a security camera for a nearby business, parking lot, or building may have caught the driver texting while on camera.
Accidents at intersections often occur because of texting and driving. While focusing on their phone, the other driver will be unaware of other drivers or a changing signal.
If the driver was cited for texting and driving, they may have admitted it by agreeing to pay the fine. If they chose to challenge the ticket and lost, it could be used as evidence in your civil court claim.
An expert witness can be called to testify. In many cases, we have hired accident reconstructionists. These expert engineers can gather facts about how the cars were traveling in the moments before a crash and reconstruct the scene to reach a conclusion.
They can find evidence others may have missed or they may conclude that the driver was distracted in some way before a collision.
Cell Phone Records
Cell phone records can be subpoenaed for texting while driving accident cases. If evidence can be found that text activity was occurring while the person was driving, it can be used as evidence to validate your claim.
Dealing With the Insurance Company
It can be risky to handle your claim with the insurance company without the aid of legal counsel.
Even if it can be proven that your injuries are a direct result of another motorist’s driving and texting, the insurance company will fight hard to reduce or deflect liability.
If they believe they can shift a percentage of the blame to you, they can avoid paying out the full amount of damages. Even if you have a clear-cut case and compelling evidence that you weren’t at fault, an insurance adjuster has no incentive to pay a fair settlement.
Unless you have an attorney ready to take them to court, they aren’t motivated to negotiate and your compensation may be seriously undervalued. A texting while driving accident attorney in Enterprise can fight to preserve your right to claim the full amount of damages in your case.
Contact an Enterprise Texting While Driving Accident Law Firm Today
While all drivers owe a duty of care to drive responsibly to protect other motorists from harm, distracted driving behaviors like texting and driving have proven to be extremely dangerous. Our car accident attorneys have helped many injury victims prove that other drivers were distracted and recovered significant compensation on their behalf.
In any personal injury claim, the burden of proof is on you. This is why having the Enterprise texting while driving accident lawyers of Pacific West Injury Law on your side can be invaluable. If you would like to discuss your case and see how we may be able to help, contact us today.