Texting and driving is negligent behavior, one of the most unsafe things people can do behind the wheel. There is simply no way to have your complete focus on the road, and people are injured or killed because of it every day.
Using a cell phone while driving isn’t yet illegal in every state, but Nevada has made using handheld devices illegal while operating a motor vehicle. The fine for violating this law is relatively low, but the cost to the victims can be extremely high.
If you believe a distracted driver caused your accident, you are entitled to seek compensation for your injuries and pain. A texting while driving lawyer from Pacific West Injury in Sunrise Manor can help to validate your claim and fight for maximum compensation.
Why You Shouldn’t Deal With Insurance Adjusters Alone
Many people attempt to negotiate with the insurance company or try to secure a settlement on their own. This can make financial sense in cases involving no injuries and minimal property damage. However, it can put your claim at risk when serious injuries are a factor.
Insurance adjusters are professionals who fight multiple claims every day. They have the knowledge and experience to know what works when it comes to saving money for their company. They are trained to reduce payouts and deny claims whenever possible.
While the insurance company has the advantage, you don’t have to fight them alone. A Sunrise Manor texting while driving accident attorney can level the playing field. We can handle the insurance adjusters on your behalf and negotiate aggressively for your compensation.
The Crash Was The Other Driver’s Fault And You Don’t Think You Need A Lawyer
Even when it seems obvious that the other motorist was texting and driving before the crash, you’ll need to prove it. Your word against his will not be enough to validate your claim, and the insurance company may try to deflect some of the blame on you.
Nevada follows the doctrine of comparative negligence. What this means to you is that you can be held partially liable for a crash. For example, the insurance adjuster may argue that you were driving four mph over the speed limit and therefore contributed to your own injuries.
If you are found to be 20% liable for the car accident, your settlement is reduced by 20%. If you are found to be 51% or more at fault in the crash, you will be barred from collecting any compensation. A Sunrise Manor texting while driving accident lawyer can defend you against allegations of liability.
Liability In A Texting While Driving Accident Claim
Your attorney will conduct a thorough evaluation of all the evidence in your claim to identify all the sources of liability. This information will help to build a solid foundation for your case.
An attorney can gather evidence such as:
- Accident reconstructionist testimony
- Driving records and history of accidents
- Eye witness accounts
- Surveillance videos
- Cell phone footage from witnesses
- The police report from the accident
- Traffic camera footage
Other evidence can help to prove your claim as well. The driver can admit to the police that they were texting, a law enforcement officer can cite them for texting while driving, or cell phone records can show the text activity before the crash.
A texting while driving accident lawyer in Sunrise Manor will have the ability to gather the evidence needed to prove liability and maximize the compensatory damages in your claim.
Recoverable Damages In A Texting While Driving Accident Case
The damages in a personal injury claim can include any or all of the following:
- Medical costs
- Cost of future treatment and care
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Loss of wages
- Loss of consortium
- Loss of future earning capacity
- Emotional distress and mental anguish
You Felt Fine After The Accident, But Now You Think Something May Be Wrong
The impact of a car accident can cause injuries that aren’t immediately apparent. It’s always a good idea to have a medical professional evaluate you after a crash. If you walked away and realized you were injured later, don’t be afraid to seek medical attention.
Internal bleeding, bone fractures, and other injuries can be masked by the adrenaline your body releases after an accident. It is possible for these late-onset injuries to become emergency matters, so if you don’t feel right, trust what your body is telling you and get a medical evaluation.
Some people may be hesitant to seek medical attention in the hours or days after a car crash. Your claim will not necessarily suffer any damage by getting the treatment you need if your injuries didn’t become apparent until later. Your health is critically important, and you should seek treatment.
Learn How A Sunrise Manor Accident Law Firm Can Help With A Texting While Driving Accident Claim
When you are facing the insurance company, the claims process can be daunting. Many accident injury victims do not have the energy or time to contribute the effort needed to ensure a successful outcome.
The financial repercussions of a distracted driving crash are always stressful to injury victims. We know that an accident can turn life upside down, and we don’t want to add to the problem. We can help to alleviate some of the pressure in your situation and review the details of your case and advise you of your legal options for free.
We work on a contingency fee basis, and no payment is due until we win your case or recover a settlement on your behalf. Contact Pacific West Injury Law today to schedule an appointment.
