texting and driving car accident Las Vegas, NV

How Can I Prove Texting and Driving Caused My Car Accident?

Las Vegas is full of distractions, but driving requires your full care. But what happens when the other driver is texting and driving? Sending that text can cost lives. If you are involved in a texting and driving car wreck, you’re not at fault. Contact a car accident lawyer if you are hit by another driver who was texting and driving.

Texting and Driving in Las Vegas, NV

Sending a text while driving in Las Vegas is illegal. When a driver causes a car crash because of texting, it becomes neglect.

Careless driving can result in felony charges. If the crash resulted in injuries or even death, the driver can spend time in jail. If the car wreck only resulted in property damage, the driver who sent the text is subject to fines and 6 points on their license.

The law that makes it illegal to text and drive has been around since 2011. But, car accident attorneys still have a ton of cases that involve texting.

Car Accident Lawyer in NV

Car wreck lawyers in Las Vegas, NV know that sending a text is dangerous. You just faced a car crash because of a text! But what can be done? You can work with a lawyer to show the other driver was at fault. Breaking a traffic law will often prove fault. You can prove the person was using their phone with their cell records.

If there were no injuries, the insurance companies would settle the issue themselves. Insurance companies will determine fault. However, most companies will not request a client’s phone records without some form of evidence that the driver was potentially texting and driving. Cell records are the key to texting and driving. It’s best to hire a lawyer for this process.

It’s vital to contact the police immediately after a texting and driving accident. Most of the time police only respond to accident scenes if there has been a hit and run, or an injury. When you contact the police department, it is key to explain that the other driver was texting and you want to file a report. This report will set the request for the other driver’s phone records in motion.

If the accident did result in injuries, inform the officer that you suspect the other driver was texting. The police become involved immediately when a car accident resulted in injuries.

A car accident lawyer in NV will help you recover the phone records and activity of the other driver. Many phone companies will refuse to supply phone records without a subpoena. Attorneys are perfect for getting the necessary paperwork filed for this process.

If there has been a police report, the insurance company may request the phone records to determine fault for the accident.

Phone records now capture whether the driver was reading, sending, or typing a text. This includes other forms of text communication. The phone records will show if they were using another app to send a message. These situations are seen texting and driving.

Duty of Care

Many cell phone companies have worked hard to make it less convenient to text and drive. But, that doesn’t mean people will stop this bad habit. Not every driver knows that sending a text can lead to a wreck, injury, or even death.

Every driver on the road shares a duty of care to those who share the road. This duty includes bike riders and passengers of other cars. When a driver decides to text and drive they breach the duty of care. This breach means they are almost always at fault for the accident.

Texting and driving is a form of neglect. Because these actions can, and often do, lead to car wrecks and injury a lax driver is almost always at fault.

There are times when other drivers may only be held accountable for a certain portion of fault. This point in time is where a car accident attorney can help you. In Las Vegas, NV partial fault means that you may not have met the expectations of traffic laws.

If you believe that you acted responsibly, you can fight an insurance company’s claim of partial fault. Don’t get stuck with less compensation than you deserve. An insurance company won’t bother to review your case properly.

Car Accident Attorney

In Las Vegas, NV it’s vital to have a proper review for your car accident. Texting and driving wrecks lead to property damage and injuries. Get the legal help you need to prove that the driver was texting and driving during your car crash. A lawyer can take you through the process of recovering phone records to show that you are not at fault.

Contact the law offices of Nettles|Morris in Nevada today for help with your texting and driving car crash.

Las Vegas car accident lawyer in Las Vegas, NV

How to Prove Fault in a Las Vegas Car Accident

Any Las Vegas car accident will rely on a fault claim. A car wreck leaves people in the dark. What do you do to prove fault in a Las Vegas car wreck? Las Vegas is a known for bad drivers. When you are the victim of another driver’s lack of care, contact a Las Vegas car accident lawyer.

Las Vegas Car Accident Attorney

A Las Vegas car accident attorney will help you show that you are not at fault. They will also look for evidence that shows the driver was careless. Like many other states, NV relies on “at-fault” laws.

Many insurance companies use these to work with their clients. Drivers also understand the at-fault laws. If you were the one to violate a traffic law, you are most likely at fault. Common at-fault situations include following too closely. Or, pulling onto a busy street without checking for traffic first.

At-fault depends on the situation, and it is not always clear who is responsible. A car accident attorney can help you realize who was at-fault in your car accident in Las Vegas, NV.

Las Vegas Car Accident Lawyer

When you are in a car accident, you want the whole process to be over as soon as possible. But, without a Las Vegas car accident lawyer, resolving a car wreck can take months. Contact a car wreck lawyer in NV.

Proving the other driver was at fault for the wreck is not always easy. The most common ways to prove fault now include requesting text records. A driver’s cell phone history can show if they were using their phone while driving.

Another way to prove fault is with witness statements. During any wreck, many people pull over. You should take down the contact info for these witnesses. They may help you with reports on how the accident took place. A witness may have details such as who was changing lanes first, or who had their turn signal flashing.

Aside from witnesses and text records, you can prove your knowledge of the traffic rules. Most wrecks don’t require help from the police. But, if you see that the other driver will likely take you to court, call and file a police report. A report will show your attempt to record the wreck. At the time of the crash, you should take as many pictures as possible.

Investigations and Reports

A crash report is useful but, only contains the cop’s opinion. The cop looking into your crash will report the possibility of an at-fault driver. An insurance company does not have to agree with the cop. But, the cop’s report is usually the deciding factor when it’s not clear who is at fault.

Your car insurance company will also make a decision. They will use the same evidence that the cop used in their report. But, their interest is in your side of the story. An insurance company may show that you were only partially at fault. Partial fault is the term for when you did not cause the accident but did not follow traffic law.

The other driver may try to use a Las Vegas car accident attorney to show that you are at fault. These drivers will try to show that you not signaling in time, or changing lanes was a traffic violation. Insurance companies and the cops know that there is usually more to the wreck than a simple traffic violation.

Court Factors

A car wreck attorney in Las Vegas, NV may have you take the issue of fault to court. A formal legal proceeding will let you show your proof. The other driver will have their chance to talk in front of the jury as well. This jury will hear all of the evidence and then make a decision.

This type of jury does not decide whether you broke a traffic law or not. Many car wreck lawyers prefer these proceedings when it is unclear who was at fault. They can help you show the other driver was at fault when an insurance company or cop is unsure.

Call a Las Vegas Car Accident Lawyer

A Las Vegas car accident attorney will help you prove the other driver is at fault. Any car wreck scene has evidence. With the help of a lawyer, you can use evidence to show fault. Witness statements, skid marks, and photos are great evidence. Call the law offices of Nettles|Morris in NV now for help on your case.

hit and run car accident Las Vegas

What Should I Do If I Was Injured In A Hit And Run Car Accident?

Whether you are a Vegas native or on vacation, a car wreck injury is serious. If you were injured in a hit and run car accident you need a lawyer. Legal help will guide you through the civil or criminal process. Hit and run accidents result in injuries too often. You should follow these steps to take care of a hit and run injury.

1. Seek Immediate Medical Attention

Even if you think you are fine, it’s best to have a doctor take a look. Many people don’t feel the full effects of a car wreck until days later. If you were in a car crash, you likely have minor injuries.

In the case that you were walking and involved in a hit and run accident, it is more important to see a doctor. Car accidents involving pedestrians are common in Las Vegas. Even if the impact was at low speeds or you feel well enough to “walk it off” you need medical attention.

Seeing a doctor now will also help your lawyer show any injuries. A Vegas car accident can become a drawn-out legal argument. Get treatment, and proof of your damages.

2. File a Report

Even though it is essential to take care of your physical self-first, you also need to file a police report. Any information on the other vehicle will help the cops identify the other driver.

A hit and run car accident report may stay open for months. Too often people involved in a hit and run car accident think they got away with it, without any issues. But, a different cop, months later, may pull over the driver for a separate traffic violation and the car show the hit and run report.

It is so important to file a report for a hit and run car accident. If you were injured, this report might be the only way to identify the other driver.

3. Collect Evidence

It is as much your job as it is the cop who shows up. It is a good thing that police almost always come out to file a hit and run report. There are 3 key bits of evidence you need.

First, you need a lot of pictures. Take a photo of your injuries, your car, and any skid marks. It might not seem useful to you. But, car accident lawyers take this valuable information with them to court to show your side of the story.

Second, witness statements. Many people will pull over when they see a hit and run. There is no law requiring other drivers to do so. But, people do in order to help the victim. These witnesses can help your case. Collect their contact information. A car accident lawyer can help contact these people for statements after the crash.

Third, you need formal reports. The 2 key reports are a police report and a medical report. Seeking immediate medical attention is critical. Many injuries don’t present themselves right away. A medical exam will help you recover. It will also help you show that you sustained injuries from a hit and run car accident.

A police report will show that the other driver fled the scene of the wreck. When in an accident, always contact the police. When you are in a hit and run car accident, a police officer will respond. They will make a report with the specifics of the scene. Any other details in their report can be useful in finding the driver.

Hit and Run Car Accident Lawyers in Las Vegas, NV

When you are in a hit and run accident, it seems like you have no choices. The other driver fled the scene, and you are left without any details. But, a car accident lawyer can help you find the other driver and press charges.

Any driver who leaves the scene of a wreck might be found guilty of a misdemeanor charge. But, if the hit and run car accident results in injuries the charge is a felony. The other driver, if found, can go to jail. They will face fines and have multiple points against their license.

A car accident lawyer in Las Vegas, NV can sort through the evidence to show your injuries and the damages from this wreck.

Vegas Car Accident

If you have been in a hit and run car accident, you need legal help. As a victim of a Vegas car accident, you have many options available to you. Contact Nettles|Morris of NV for a free case evaluation now.

Las Vegas car accident lawyer Las Vegas, NV

Las Vegas Car Accident Lawyer on Motorcycle Accidents in Las Vegas, NV

Las Vegas is full of people who are new to driving in the area. But this doesn’t seem to make them any more aware of their surroundings. Instead, drivers will drive under the influence or drive erratically. This causes a dangerous scenario for motorcycle accidents. If you are in a motorcycle accident, you need a Las Vegas car accident lawyer to help you through the legal process. They can help you learn about your options.

Motorcycle Accidents

The most common motorcycle accidents are unsafe lane changes. When a driver doesn’t check their blind spot, they are a major risk to anyone on a bike. Other drivers changing lanes is dangerous for motorcyclists. In Las Vegas, NV drivers often change lanes in a rush, without looking.

Sudden stops are also a primary source of motorcycle accidents. A Las Vegas car accident lawyer knows that sudden stops are different for bike riders than other people in cars. A motorcyclist is 5 times more likely to experience harm in a wreck.

Too often drivers believe that bikes can move faster and will respond to changes. But, a bike rider has the same reflex speed as other drivers. They aren’t able to stop on a dime or swerve without putting others at risk as well. Contact a motorcycle accident attorney when you are in a wreck on your bike.

More than Money

There are probably people who sue for money. But, motorcycle accident attorneys understand that harm and damage are worse than a standard wreck. A car crash with 2 standard cars or trucks don’t often result in severe harm or death. These are the worst-case scenarios.

But, wrecks involving motorcycles often result in harm or death. Working with a Las Vegas car accident lawyer will help you recover return for your distress.

Many people who are in a wreck on a motorcycle cannot return to work right away. In fact, most motorcycle wreck deaths or injuries occur when people are going to or coming from work.

Harm from accidents can cause someone to struggle with finances. Bills for medical care and physical therapy add up quickly. You need the help of a Las Vegas car accident attorney to recover lost wages and to cover your bills.

You need a lawyer that can explain the legal process. A lawyer will tell that you need evidence to prove fault. You also need to keep a strict record of your medical bills. Consult with your HR office to track the hours you lost because you were not able to work.

You Are Not Alone

In 2014, motorcycle accidents resulted in 14% of all deaths from car wrecks. Nevada has helmet laws in place. These laws help deter people from riding without a helmet. Helmets are proven to increase safety in riding. They are critical in accidents. In 2015, 88,000 people reported harm from a wreck when riding. Most of these riders were wearing safety gear.

But, even with this helmet law in place, many NV riders experience severe back, neck and head damage. These injuries are common in motorcycle accidents. Working with a Las Vegas, NV car accident attorney will show you took steps to ensure your safety.

Many people discount the emotional aspect of a wreck. While many drivers will get in a traffic wreck in their lives, few are as traumatic as a motorcycle crash. These crashes can shatter a person’s ability to get from one place to another. Bike riders often prefer to use their motorcycle. But, after a crash they may feel the need to change their vehicle.

On top of the medical bills, they often must purchase another vehicle or bike. Anyone in a wreck where they are flung from a bike will hesitate to get back on one.

Las Vegas Car Accident Lawyer

You may see a bit of compensation to help with the financial struggle after a wreck. Get with a Las Vegas car accident lawyer to make the most out of your case. A lawyer will help you track your bills.

They should also help you build your case. With evidence, and good record keeping you can ease some of the burdens from your wreck. Go online or call now to get a free case review. Nettles|Morris helps motorcycle drivers with their cases.

Don’t let a car wreck keep you down. With a few photos, police report, and medical exam you can prove that you were not at fault. They can show that you took the proper safety steps. Using safety laws is the best way to prevent bike crashes.

Nettles|Morris & Toys for Tots

We are excited to announce our participation in the annual Las Vegas Toys for Tots donation program, where needy families in our community receive new, unwrapped toys for the holidays. From now until December 14, we are accepting toys that will be distributed to less fortunate families in our community.

Toys for Tots is run by the United States Marine Corps Reserve. According to the Toys for Tots website (found here), Toys for Tots began in 1947, when Major Bill Hendricks and a group of Marine Reservists in Los Angeles collected and distributed 5,000 toys to needy children. Since it’s inception, Toys for Tots has distributed more than 400 million toys to more than 188 million needy children. We are proud to be a part of this charity event, and you can contribute by bringing new, unwrapped toys to our office (1389 Galleria Drive, Suite 110, Henderson, 89014).

The 411 on Med Pay

If you have never heard of “med pay”  as it relates to car insuranced, or you have and aren’t exactly sure what it is, you’ve come to the right place. Medical payments coverage, or “med pay” for short, is an option on auto insurance that is an insurance company’s best-kept secret. Insurance companies aren’t jumping at the chance to offer you med pay because it is a great deal for the consumer, and not such great deal for the insurance companies. For as little as $20 a year, med pay covers all your medical expenses in the event of an accident. No wonder your insurance agent left that out.

Medical payments coverage states that if you or anyone else gets hurt from using your vehicle, your insurance company will pay medical expenses up to a certain amount—regardless of fault. Med pay is usually sold in $1,000 or $5,000 increments—and it covers any and all passengers in your vehicle.  Even better, if you and any members of your family are in an accident in someone else’s car, you’re still covered.

Check your automobile’s declaration page to find out if you are covered for med pay. Or even better, call us and ask for Janice. She will give you the opportunity to come into the office and go over your declaration page with you- at absolutely no cost to you. Trust us- it’s worth the time!

You can reach Janice at Nettles Law firm at (702) 434-8282.

Grilling Safety Tips

The weather is warming up and it’s time to fire up the grill! The barbeque is a summer staple, but can also be a safety risk. Liquid petroleum gas or propane, used in gas grills, is highly flammable. Every year people are injured as a result of gas grill fires and explosions, especially when grills have been left idle for an extended period of time. Here are some tips for staying safe while firing up the grill:

  • Check grill hoses for cracking, brittleness, holes, and leaks. Make sure there are no sharp bends in the hose or tubing.
  • Move gas hoses as far away as possible from hot surfaces and dripping hot grease. If you can’t move the hoses, install a heat shield to protect them.
  • Replace scratched or nicked connectors, which can eventually leak gas.
  • Check for gas leaks, following the manufacturer’s instructions, if you smell gas or when you reconnect the grill to the LP gas container.
  • Keep lighted cigarettes, matches, or open flames away from a leaking grill.
  • Charcoal grills can even pose a threat to your safety. Charcoal produces carbon monoxide (CO) when it is burned. CO is a colorless, odorless gas that can accumulate to toxic levels in closed environments.

If your grill uses charcoal:

  • Never burn charcoal inside of homes, vehicles, tents, or campers. Charcoal should never be used indoors, even if ventilation is provided.
  • Since charcoal produces CO fumes until the charcoal is completely extinguished, do not store the grill indoors with freshly used coals.
  • Keep children and pets away from the grill area.
  • Keep your grill clean by removing grease or fat buildup from the grills and in trays below the grill.

Read more grill safety tips here.

Keeping Your Cool

Road rage is the informal name for deliberately dangerous and/ or violent behavior under the influence of heightened emotion such as anger and frustration, behind the wheel. Road rage can quickly escalate if dangerous drivers exit their cars and threaten physical violence. Environmental conditions like traffic congestion, another’s dangerous driving, and time constraints are the main factors associated with road rage. If you happen upon someone in a fit of road rage, here are some things to remember.

  • Whatever you do, don’t retaliate against someone’s road rage.
  • Don’t make eye contact with another angry driver.
  • If an angry driver follows you, never drive home. Drive directly to a police station.
  • Always be courteous toward other drivers, even when they are not.

Most importantly, reduce your own driving stress by always giving yourself enough time to get where you are going. Allow extra time for bad weather conditions and construction delays. Always be patient, respectful, and keep your cool on the road.

Las Vegas Ranks 11th in Internet Safety

Las Vegas was recently ranked the 11th riskiest online city in the United States. We are more connected online than ever, and it’s easy to become a victim of identity theft over social media and e-commerce. Luckily, the best way to stay safe online is by using common sense.

Identity theft occurs when someone steals your personal data for their own personal gain. This data usually takes the form of cancelled checks, a social security number, a driver’s license number, a consumer’s address of record, a birth date, or a credit card/credit card statement. With your personal information, thieves can open a new credit card under your name, open a new line of credit at your bank, get a new driver’s license, a new social security card, or acquire wireless accounts under your name. Here are some steps you can take to protect yourself online:

  • Avoid public Wi-Fi spots, especially when accessing your financial information.
  • Keep your social security number confidential. Your social security number is the key that unlocks all personal information.
  • Keep your mail safe by protecting the personal information mailed to you by banks and shredding old mail.
  • Get off credit marketing lists. Thieves steal mailings and apply for credit in your name.
  • Memorize your passwords and pins, and don’t leave them where someone can find them.
  • When inputting credit card information, the address bar should change from “http” to “https” or “shttp.”

What’s “Open & Obvious?”

When you slip and fall in a public place, the question of negligence is always raised. The million dollar question is did someone’s actions fall below a standard of care for your safety, which then caused you harm? If the answer is “yes,” there is still a defense, called the “open and obvious” defense, so the rule isn’t exactly (pardon the pun) open and obvious.

If you are injured and the court considers the dangerous conditions “open and obvious,” then the property owner is absolved of liability. The rule implies that the open and obvious nature of the dangerous situation serves as a warning to you, therefore you should recognize the danger and take steps to avoid it. However, even open and obvious risks can be unreasonably dangerous, and when they are, the invitor has to take special measures to protect you.

Here’s the test for what’s “open and obvious”:  whether “an average user with ordinary intelligence would have been able to discover the danger and the risk presented upon casual inspection.” Wet floor, black ice, potholes… all potentially “open & obvious,” depending on the scenario. Sounds precarious… and not as open and obvious as you may think.