As a Las Vegas distracted driving accident lawyer, Jeff Temple of Temple Injury Law specializes in representing victims of distracted driving accidents. According to Zero Fatalities, alarming statistics reveal that men aged 26-30 constitute the largest demographic affected by fatal distracted driving crashes in Nevada.

At Temple Injury Law, we understand the devastating impact these incidents can have on individuals and families. Our experienced team is dedicated to guiding you through the legal process, ensuring you get the compensation you deserve. We have a history of successful cases, and your well-being is our top priority. 

You can count on us for legal expertise and compassionate support during difficult times.

What Is Distracted Driving?

Distracted driving is when anything takes your focus away from driving safely. It’s not just about texting or calling– distractions can be less obvious but are still risky. This behavior while driving endangers drivers, passengers, and bystanders. According to NHTSA, 3,522 fatalities are recorded due to distracted driving. Thus, staying alert is crucial to avoid potential tragedies while driving. It’s essential to be fully attentive every time you start the car.

Visit our Distracted Driving Accident lawyer in Las Vegas, NV.

Distracted Driver

What Are Some Forms of Distracted Driving?

Distracted driving is any activity that diverts attention from driving, increasing the risk of a crash. The Centers for Disease Control and Prevention (CDC) categorizes distracted driving into three main types: visual, manual, and cognitive.

Visual Distraction

Visual distraction involves taking your eyes off the road. This can include activities such as:

  • Reading text messages or making calls
  • Adjusting the GPS or other electronic devices
  • Gazing at scenery or objects outside the vehicle
  • Checking on passengers or pets in the backseat
  • Reading a map or looking at a navigation system

When drivers take their eyes off the road, they are more likely to miss critical information such as traffic signals, pedestrians, or other vehicles.

Manual Distraction

Manual distraction occurs when a driver takes their hands off the steering wheel. This can include activities like:

  • Eating or drinking
  • Adjusting the radio or other controls
  • Grooming or applying makeup
  • Reaching for objects inside the vehicle

Driving requires constant control of the vehicle, and taking hands off the wheel increases the likelihood of losing control or being unable to react quickly to potential hazards.

Cognitive Distraction

Cognitive distraction involves diverting mental attention away from driving. This can happen when a driver’s mind is occupied with activities such as:

  • Daydreaming or being lost in thought
  • Talking on the phone (even hands-free)
  • Engaging in deep or emotional conversations with passengers
  • Listening to distracting music or podcasts

Even if a driver’s eyes are on the road and hands are on the wheel, cognitive distractions can impair decision-making and reaction times. This type of distraction is dangerous because it may not be immediately apparent to others on the road.

It’s important to note that many activities can involve a combination of these distractions. For example, using a cell phone while driving involves visual, manual, and cognitive distractions simultaneously, making it one of the most dangerous forms of distracted driving.

How Do You Establish Negligence After a Distracted Driving Accident?

Establishing negligence after a car accident involving a distracted driver is crucial for pursuing a successful personal injury claim. A strategic approach to strengthening your case is essential when dealing with a distracted driving accident. 

Consulting with an experienced accident attorney can be instrumental in navigating the claims process and understanding injury laws.

Gather Evidence

Begin by collecting evidence related to the car accident. This may include photos of the accident, vehicle damage, and visible injuries. Additionally, obtain witness statements and gather relevant documents, such as the police report.

Prove Distracted Driving

Establishing that the other driver was distracted during the accident is central to proving negligence. Look for any signs of distracted behavior, such as phone records, eyewitness accounts, or admissions by the driver. Distracted driving laws and regulations may vary, so understanding local driving laws is crucial.

Review Rear-End Collisions

In many cases, distracted driving leads to rear-end collisions. It could strengthen your case if you were rear-ended, as the driver who rear-ends another vehicle is often considered at fault. This supports the argument that the distracted driver failed to maintain a safe following distance.

Man ignoring safety and using mobile phone while driving car

Establish Duty of Care

To prove negligence, it is essential to establish that the distracted driver owed you a duty of care and breached that duty by engaging in distracted behavior. The breach of duty must be directly linked to the accident and resulting injuries.

Document Injuries

Seek medical attention promptly and thoroughly document your injuries. Medical records, bills, and expert opinions can indicate the extent of your injuries. This documentation is crucial when seeking financial compensation for medical expenses and other damages.

Navigate the Claims Process

Work with your accident attorney to navigate the claims process efficiently. They can communicate with insurance companies on your behalf, negotiate a fair settlement, and seek financial claims. If a satisfactory settlement cannot be reached, the attorney can guide you through the legal proceedings to seek compensation through litigation.

Consult Injury Lawyers

Seek the expertise of injury lawyers or consult law firms specializing in car accident cases. These attorneys can provide valuable insights into injury laws, guide you through the legal process, and help determine the strength of your claim. They are well-versed in navigating the complexities of the claims process and can advocate for your rights.

Protect Your Legal Rights After an Accident

Understanding the necessary actions to safeguard your rights is essential in seeking compensation for your losses. Know your rights and follow the following process:

  • Seek Medical Attention: Documenting your injuries through medical records is vital for building a solid case.
  • Contact Law Enforcement: Report the distracted driving accident to the Las Vegas Metropolitan Police Department or relevant law enforcement agency. A police report can serve as a crucial piece of evidence when establishing liability.
  • Gather Evidence: Take photographs during car accidents, the surrounding environment, and any visible injuries. If possible, obtain contact information from witnesses who can provide statements for your claim.
  • Exchange Information: Exchange contact and insurance information with the other parties involved in the accident. 
  • Avoid Admitting Fault: Refrain from admitting fault or making statements that could be interpreted as an admission of guilt. Stick to the facts when discussing the accident with the other party and the police.
  • Contact Your Insurance Company: Notify your insurance company about the accident immediately. Provide accurate information and adhere to their guidelines for reporting and documenting the incident.
  • Know Your Rights: Familiarize yourself with your rights as an accident victim in Las Vegas. Understanding the legal implications of distracted driving accidents and knowing how to protect your rights will empower you to pursue a fair settlement.
Jeff Temple - Personal Injury Lawyer in Las Vegas, NV