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.