Anything that distracts a person from the roadway creates unnecessary risks for those who are sharing the road with them. Texting or using a phone in any form creates a clear risk.
At H&P Law, our Henderson texting while driving accident lawyer helps victims who have suffered injuries and losses due to the actions of others get results. We hold them accountable for what they did to you. Set up a free consultation now with our Henderson car accident lawyer. We have over 60 years of combined experience.
What to Do After an Accident with a Driver Texting Behind the Wheel
If you were in an accident in which the driver was texting, there are several things you can do to protect your case and build your claim value. Your actions after any accident should prioritize your safety and well-being. When possible, take the following steps to strengthen your case and get the care you need:
- Move out of the way of further harm and call 911. Police will arrive at the scene and document what occurred, while medical providers address any emergency needs you have.
- When safe, get the contact information of the at-fault driver, including their name, driver’s license information, and car insurance data. Avoid making any statements about fault.
- Take photos of the damage to your vehicle, their vehicle, and any debris. Take photos of your injuries and any other information that could bolster your case.
- Request that any witnesses provide their name and contact information, especially if they were using their phone.
- If the at-fault driver says anything that could lead you to believe they were texting, document that. For example, they may say, “I just looked at my phone,” or “My phone beeped, and I didn’t see you.”
- Get medical care immediately. Going to the hospital right away lets you get the treatment you need while documenting your injuries.
In these situations, inform the police of any details you know. If you saw the driver texting, state that. If you saw the driver looking down at their phone, provide that information. Do not make claims you cannot substantiate. Then contact our Henderson personal injury lawyer at H&P Law for immediate guidance.
Nevada’s Texting and Driving Laws Explained
Under NRS 484B.165, Nevada’s texting while driving law, prohibits a person from engaging in texting, accessing the internet, or using any handheld wireless device while driving. This law prohibits texting, typing, browsing, emailing, or checking messages via non-voice communication that requires manual access to the device.
Drivers may use hands-free devices while driving. That includes using Bluetooth or hands-free headsets. There are some limitations to this rule, including in instances when a person is reporting a hazard, crime, or medical emergency. In most cases, a person driving a car is violating the law if they are texting.
For the victim of such an accident caused by a driver texting, it is your right to pursue compensation for any damages you have suffered. This process is separate from any ticket or criminal action that law enforcement may take against the driver. Our Henderson texting while driving accident lawyer can guide you through the process of fairly recovering these damages.
How to Prove a Driver Was Texting and Caused an Accident
In some situations, police can quickly identify the driver’s behavior from statements the driver makes or from witness information. However, that may not always be readily available, and in some cases, a formal investigation will be needed to determine whether the driver was texting.
Our legal team will seek phone records if there is just reason to do so to prove the other party’s distraction behind the wheel to build your case.
How Our Henderson Texting While Driving Accident Attorney Guides You
We work closely with you throughout every phase of your case. That starts with being there to alert the insurance companies of the accident and clarifying any evidence in your case. We will then provide you with services that match your needs, such as:
- Investigating. Our attorney will seek access to phone records to determine whether texting was occurring at the time of the accident. This is not publicly available information and requires taking legal steps to get it.
- Build your claim value. We will discuss how this accident caused you losses, including physical, emotional, and financial. This may include bringing in experts who can testify about what you experienced or what your long-term recovery may look like, based on your injuries and other losses.
- Negotiate with the insurance company. After submitting your claim, expect our attorney to remain accessible to you and the insurance company. We negotiate, answer questions, and pressure the insurance company to settle fairly with you.
Texting accidents are fully avoidable incidents. When someone’s actions put you at risk of serious injury and financial losses because of a text message that couldn’t wait, contact us. Our aggressive, dedicated legal team is the advocate you need.
Determining the Value of Your Claim
Our Henderson texting while driving accident attorney will gather all data to demonstrate your losses. Some of the most common losses in these high-risk accidents include:
- Medical expenses
- Pain and suffering
- Long-term medical care needs
- Loss of wages and income
- Loss of earning capacity
- Emotional trauma
- Loss of consortium
Putting a value on the losses you suffered is not easy, but it is critical to advancing your case. Set up some time to speak to an attorney who truly cares about your long-term recovery. Before you agree to an unfair value, let us go to work for you on building your claim. Our case results show our history of success for our clients.
Schedule a Free Consultation with Our Texting While Driving Accident Attorney in Henderson Now
H&P Law does not charge you anything for our legal services upfront. You only pay us when we win your case. We bring experience, dedication, and fierce loyalty to our clients in every case.
Discuss your losses with our texting while driving accident lawyer in Henderson and find out what we can do to help you recover long-term. Consultations are free.
