What To Do If I Was Hit By Someone Who Was Texting & Driving?
An increasingly common cause of car accidents in Nevada is texting while driving. If you’ve been injured in a car accident by a driver who was distracted because they were texting while at the wheel, you may be able to file a lawsuit against them known as “negligence per se.” With the assistance of a Nevada car accident lawyer, you may be able to seek financial compensation for medical bills, lost wages while you were unable to work, pain and suffering, disability as a result of the accident, and more. Additionally, the motorist who was texting while driving may face a civil penalty according to Nevada state code.
What Is Required For a Negligence Per Se Lawsuit?
In order to successfully win this type of lawsuit, you and your Reno personal injury lawyer will need to prove four elements:
- That there is a Nevada state statute that exists to protect a class of persons
- That you, the plaintiff, were a member of that class at the time of the accident
- That the texting driver, the defendant, violated that statute
- That the defendant’s violation of the statute likely caused your injuries and damages
In short, your attorney will need to prove that the driver was distracted by reading or sending a text message, or otherwise handling their mobile device in violation of NRS 484B.165, and that this incident caused the car accident in which you were injured. As the plaintiff, you have the burden of proof that the defendant acted negligently and that they are more likely than not to be liable for your injuries.
What Proof Is Needed For a Car Accident Lawsuit?
Your Henderson truck accident lawyer will investigate the accident and work to recover evidence on your behalf. Pieces of evidence commonly used in negligence per se cases include:
- Police reports filed regarding the vehicle accident
- Traffic surveillance footage
- Eyewitness testimony from people who witnessed the collision
- Cell phone records verifying the text messaging activity
- Medical records and bills from your initial ER visit and ongoing medical care needs
- Pay Stubs and statements from your employer regarding your inability to work, if applicable
How Much Money Can I Win?
If you have been injured in a car accident that resulted from a motorist who was texting while driving, you may be able to recover financial compensation for your damages. The amount will vary significantly based on the circumstances of the accident, the severity of your injuries, and more. With an experienced Las Vegas car accident lawyer, you may be able to recover damages for the following common expenses:
- Medical bills, including your ER visit after the accident, surgeries, hospital stays, medications and equipment, rehabilitation, physical therapy, psychiatric care, and other ongoing medical bills, as related to the accident
- Property damage, such as repairs to your vehicle, fence, and other damage
- Lost wages if you were unable to work as a result of your injuries
- Pain and suffering, which can be significant if the accident caused serious injuries or disfigurement
- Other bills and losses, such as needing to hire someone to help with housework or errands if your injuries prevent you from doing so yourself
How Are Car Accident Injury Cases Resolved?
The majority of car accident claims are settled out of court through negotiation between your Nevada personal injury attorney and the defendant’s insurance company. If the defendant is uninsured, you may be able to recover damages by filing an uninsured motorist insurance claim with your own insurance company. Occasionally, car accident claims cannot be resolved through negotiation, in which case it may go to trial and be determined by a judge.
In addition to paying financial damages to you as the injured party, the texting motorist may also be subject to civil penalties from the state of Nevada, which may include fines, demerit points, and ultimately a license suspension if there are extenuating circumstances or if the driver has accrued 12 or more demerit points within a year. The driver’s insurance premiums are also likely to increase.
Legal Options After Texting & Driving Accidents
Have you been injured by a driver who was texting or otherwise distracted while driving? Get legal advice and guidance from the highly rated attorneys at Benson & Bingham Accident Injury Lawyers. We are ready to help you understand your rights and options, represent you in negotiation, and take your case to court if necessary. Schedule your confidential case review with us today!