Distracted driving is a serious safety issue in Las Vegas. A driver is considered to be distracted if their attention is not focused on the road. This could be as a result of texting while driving, eating while on the wheel. A distracted driver is likely to lose control over the vehicle and cause a severe accident. If you are involved in an accident resulting from distracted driving, you are entitled to compensation for your injuries. Also, if your loved one dies from such an accident, you can file a wrongful death against the driver. Proving that a distracted driver caused an accident could be quite complicated. Therefore, it is crucial to enlist the help of a competent personal injury attorney. At Las Vegas Personal Injury Attorney Law Firm, we will work hard to ensure you get maximum compensation from your claim.
Overview of Distracted Driving In Nevada
Distracted driving occurs when a driver takes their attention off the road. Distracted driving causes more accidents than people imagine. When you think of distracted driving, most individuals believe texting while driving. However, there are more ways in which a driver can get distracted and cause an accident, including:
- Manual distraction is anything that causes you to take your hands off the wheel. This will include eating, smoking, or reaching out for an object.
- Visual distractions - This is any factor that makes you take your eyes away from the road.
- Cognitive distraction - Cognitive distraction is anything that takes your mind off the task of driving. This could be having a conversation or going over things you need to do in your head.
Proving that a distracted driver caused the accident in which you suffered significant injuries could be difficult. Therefore it is crucial to navigate a personal injury claim with guidance from a competent personal injury attorney.
The following are some common accidents that result from distracted driving:
Head-on Collision Accidents
A head-on collision accident takes place when two vehicles traveling in opposite directions collide from the front side. Distracted driving is one of the most common causes of these kinds of disasters. When a driver takes their mind and focuses on the road, they can quickly get into the other vehicle's lane, causing an accident. Head-on collision accidents result in serious bodily injury or even death.
If you are injured in a head-on collision accident resulting from distracted driving, you can file a compensation claim against the driver. However, you will be required to prove liability for the accident before you get compensation for your injuries.
Rear-end Car Collision
A rear-end car collision occurs when one vehicle hits another from the backside. In most cases, people will assume that the rear driver is at fault for the accident. However, if the lead driver was distracted, and in the process made sudden stops, they can be held liable for the accident.
Determining liability in such an accident is crucial since it will be easy to identify who pays for the damages. Rear-end collision accidents result in severe injuries, including whiplash, back, and spinal cord injuries.
A pedestrian accident can occur when one is crossing the road and is hit by a vehicle. Also, sometimes cars lose control and hit pedestrians on the sidewalks. As a result of the substantial impact between the car and your body, most pedestrian accidents are fatal. Distracted drivers are likely not to notice a pedestrian on the road or the sidewalk.
When claiming compensation for injuries from a pedestrian accident, you will need to show how the liable parties caused the accident.
Trucks are heavy vehicles, and when they collide with other cars, they are likely to produce severe damages. Also, it is difficult for these vehicles to navigate through corners and make turns. When a truck driver is distracted, they can lose control of the car and collide with other vehicles or hit a barrier. By filing a personal injury claim, you can get compensation if you get injured in a truck accident. Proving liability in such an accident can be complicated, and you would require competent legal guidance.
Rollover accidents are the most common cause of death on the roads. Such collisions occur when a vehicle on high speed hits a barrier or another car. When a distracted driver is not focusing on the road, they stray and get into a collision with other vehicles. Also, the car may hit a barrier and rollover. Injuries resulting from these types of accidents are often severe. If you or your loved one suffers injuries in a rollover accident, you will be required to prove how the distracted driver contributed to the accident.
A bus collision often involves transit or city bus. When a bus driver is distracted, they can stray from the road and cause a crash. Buses often ferry many passengers and thus produce a large number of injured victims. Also, other distracted drivers and motorists could get in the way of the bus causing severe accidents. When this occurs, you can file a personal injury claim against the distracted driver.
Proving Negligence in a Distracted Driver Personal Injury Claim
If you are involved in an accident resulting from distracted driving, you are entitled to compensation for your injuries. However, you will be required to prove liability for the accident. In Nevada, responsibility for an accident is based on comparative negligence. You receive compensation depending on the percentage of fault for the accident. The following are elements of negligence you need to prove before getting benefit in your injury claim:
The Negligent Driver Owed You a Duty of Care
Duty of care is the responsibility each individual has to ensure they don’t put others in the risk of danger. The law forbids drivers from using a cellphone while driving; also, they need to be focused on the road at all times to prevent. Before you recover compensation for your injuries, you will be required to show that the defendant owed you a duty of care.
Breach of Duty
A person breaches their duty of care towards you by acting in a way that predisposes you to the risk of injury or death. By texting while driving, eating while on the wheel or taking eyes off the road, a driver violates their duty of care. With the help of a competent personal injury attorney, you can show how the driver’s conduct did not meet the set standards of care.
A police report or photographs taken could help show the drivers distracted behavior. Also, expert testimony could be used to determine what a reasonable person would have done under the circumstances.
A defendant having a duty of care towards you and breaching the duty is not enough to claim compensation. You are required to prove how the actions of the defendant contributed to the accident so you can prevail in the personal injury claim. Although the actions of the defendant should not be the only factor causing your injuries, it must be a significant and direct consequence.
Accidents resulting from distracted driving often produce severe injuries or death. When filing a personal injury claim, you should be ready to show the type and extent of injuries you suffered from the accident. This will help determine the amount of compensation you will receive from the negligent driver. When your case goes to trial, you can present the following as evidence to the damages you suffered from the accident:
- Videos and photos were taken from the accident scene. If you are in good condition after an accident, it would be wise to take pictures or a video of the occurrences
- Official report. The first thing you need to do is call the police who will assess the scene and write a report. This report can be used to determine significant factors of the accident in your case
- Medical reports. Your medical records are one of the most crucial pieces of evidence in a personal injury claim. When getting treatment after an accident, ensure all your injuries are documented, and the reports adequately kept.
- Testimony from your family or employer can help show how the injuries from the accident have affected your life.
Common Injuries in Accidents Caused by a Distracted Driver
Accidents that result from distracted driving are often fatal. Injuries resulting from these accidents are usually severe. The following are common injuries you are likely to suffer from distracted driving accidents:
Head and Brain Injuries
When a distracted driver loses control of the vehicle, you likely get into a rollover accident. In such an accident, your head will be hit by hard objects in the car, causing severe trauma. The severity of the injuries to your head will depend on the type of accident. Head injuries will range from bruises and cuts to traumatic brain injury.
Head and brain injuries can manifest in the following symptoms:
- Severe headaches
- Difficulty in concentrating
- Slurred speech Concussions
- Blurred vision
Damage to your brain is likely to have a significant adverse effect on your life. This is due to memory loss and loss of motor functions resulting from these injuries. If you suffer head or brain injuries from an accident caused by a distracted driver, you are entitled to compensation. By filing a personal injury claim against the driver, you have a chance to receive these benefits.
Neck and Back Injuries
When a driver is distracted, they are likely to stop when they realize they can hit an object. This will result in a rear-end car collision. Due to the sudden front and back movement, rear-end collisions lead to injury on the neck and back. Whiplash is the most common neck injury you are likely to suffer during an accident. These injuries could also escalate to your head, contributing to brain damage.
Spinal Cord injury
The spine is a very vital part of the body, and damage to this part will cause not only immense pain but also affect other body functions. In most accidents, tremendous pressure is applied to your body, which can result in damage to the spinal cord. A spinal cord injury can be devastating for you and your family. This is because you may need to depend on other people to perform simple tasks for you. Injury to the spine occurs as a result of blunt trauma applied on your back. Also, a sharp object that penetrates your body during a crash can damage your spine.
Damage to the spinal cord ranges from minor bruising and straining to complete severing of the spinal cord. Depending on where the injury occurs, you may lose sensation and motor function from the point of damage. When injuries occur in the lower extremities, you may experience problems with the bladder bowel and sexual functions.
A spinal cord injury is likely to take a long time to heal, and you are likely to spend a significant amount of time in hospital nursing your wounds. Also, you will incur substantial treatment costs. If you have suffered spinal cord injuries resulting from distracted driving, you are entitled to compensation for your injuries.
Distracted driving often results in serious accidents. In most of these accidents, your limbs may get stuck in spaces within the vehicle, causing your bones to break. Also, the impact of getting thrown up and down a car during a crash can result in broken bones. Some bone injuries associated with traffic accidents include:
- Facial and Skull Fractures - When you have a broken bone on your skull or face, you may suffer brain damage. Also, when broken bones on the face don’t heal completely, it can cause disfigurement. This could affect you both physically and emotionally.
- Limb fractures - Broken legs and arms are the most common type of broken bone injuries in car accidents. Even after healing, fractured limbs could show some weakness.
- Rib fractures - Broken ribs cause severe pain and even difficulties in breathing. Depending on the severity of the injury, broken bones could cause internal injuries.
Broken bones take quite a while to resolve, and you may incur substantial medical bills to treat them. If you suffer broken bones from a distracted driving accident, you can file a personal injury claim against the driver.
Compensation Benefits for Injuries Resulting from Distracted Driving Accidents
If you are involved in an accident resulting from distracted driving, you can file a compensation claim against the liable party. Immediately after the accident, you need to call the police and seek medical attention as soon as possible. This will help in the treatment and identification of injuries. Also, your medical reports can be used as evidence in the personal injury claim.
Before you discuss any issues with parties involved in the accident, you need to contact an experienced personal injury attorney. Your attorney will help you collect evidence and put together documents to file a personal injury claim. If you are involved in an accident resulting from distracted driving, you have two years to file a compensation claim. A successful claim will see you receive the following compensation benefits:
After an accident, seeking medical attention should be a matter of importance. Most defendants do not accept the fault for an accident without a fight. Therefore, you may be required to cover your medical bills. There are several ways through which you can cover your medical bills, including the use of medical insurance or payment by cash.
It is essential to understand that when you use medical insurance to cover your medical expenses, your medical providers cannot charge you more than the cover. If you do not have a medical cover, the government mandates the medical care providers to offer you a reasonable discount.
When seeking medical attention after an accident, you can also pay on a lien basis. However, it is crucial to understand that doctors practicing on a lien basis are funded with the proceeds of the lawsuit. If your medical bills exceed the proceeds of your claim, you may have to cover the remainder from your pocket.
When claiming compensation for medical bills you incurred in an accident, you will need to show proof of the injuries and treatment done. Therefore, it is crucial to ensure that all medical records are stored correctly. Also, all your injuries should be documented to ensure you receive maximum compensation.
Distracted driving results in serious injuries are discussed in this article. Most of these injuries take a long time to heal, and thus you may not be able to go back to work. Lost wages would be the amount you would have earned if you did not suffer injuries. In Nevada, you can get compensation for lost wages in the form of:
- Overtime pay
- Monthly payments
- Self-employment income
Under Nevada, auto accident law victims of negligent car accidents are entitled to compensation for lost wages. The best way through which you can prove lost wages is by obtaining a letter from your employer. This letter will state the kind of job you do, the number of hours you work as well as the amount you earn per hour. Also, other terms of your working contract are included in the letter.
If you are self-employed in Nevada, you can still seek compensation for lost self-employment. By using past tax returns and billing statements of previous years, you can show the amount of self-employment income you lost.
Lost Earning Capacity
After an accident in Nevada, the law allows you to recover compensation for income loss you may incur in the future. It can be quite complicated to prove lost earning capacity since the damage is anticipated and has not occurred yet. There is no specific amount you will receive for lost earning capacity. The following factors will play a role in the determination of your compensation:
- The duration your injuries are likely to last
- Your age and life expectancy
- The working duration you have left before retirement
- The nature of your health before the accident
- Reasonable expectations for you to return to your regular job
If you have had a permanent job for some time, your lost earning capacity will be calculated by finding the difference between your past earnings and what you make with the injuries. Sometimes a testimony from a third party may be required to give an account of what you might be losing. Some of the individuals who can testify are:
- Your doctor. The doctor can provide an account of the extent of your injuries. Also, they show how it is likely to affect you in the future.
- Your employer. An employer can explain the nature of your earnings and how they may be affected by the injuries.
- An expert economist. An economist will explain the salary trends in your job and how they will be affected by your injuries.
When filing a compensation claim, it is crucial to seek competent legal guidance. This will help ensure that you get maximum compensation for your injuries.
Distracted driving accidents are sometimes fatal. If your loved one dies from an accident resulting from distracted driving, you can file a wrongful death claim against the liable party.
Distracted driving is one of the three main contributing factors to severe accidents in Nevada. When a distracted driver causes an accident, you are likely to suffer severe injuries or even death. Fortunately, damages resulting from a distracted driving accident can get compensated in a successful personal injury claim. However, it is crucial to understand that you need to prove liability to the accident before compensation. With the help of a competent personal injury attorney, you can get compensation for your medical bills, past, and future lost wages as well as pain and suffering. At Las Vegas Personal Injury Attorney Law firm, we are dedicated to providing you with the best opportunity to pursue the compensation you deserve. Contact us today from any location in Las Vegas, Nevada, at 702-996-1224.