Distracted driving is incredibly dangerous. If a motorist is distracted while behind the wheel and slams their car into yours, hold them accountable by speaking with a Laughlin distracted driving accident lawyer. Your attorney can then take legal action on your behalf against the driver responsible for your accident.
H&P Law has recovered over $100 million for our personal injury clients. We deliver exceptional legal services to the victims of distracted driving collisions and their families. Let us represent you in your auto collision case.
Schedule a free case consultation with a Laughlin car accident lawyer from our team.
Why You Should Get Legal Help After a Distracted Driving Accident
A Laughlin distracted driving accident attorney helps you deal with the aftermath of your crash. They encourage you to receive medical care for your injuries. Meanwhile, your lawyer is your legal advocate. They work diligently to get you money from the liable motorist.
Unfortunately, insurance settlement negotiations can be tricky. A liable motorist’s insurance company may contest your claim. Your attorney is familiar with the tactics that insurers use to avoid compensating accident victims and their families. They keep you updated about their negotiations. If necessary, they will advise you to move forward with a lawsuit.
The H&P Law team boasts over six decades of combined experience. We can connect you with a Laughlin personal injury lawyer who positions you to receive fair compensation as part of an insurance claim or lawsuit. Contact us for more information.
How a Laughlin Distracted Driving Accident Claim Works
You must carry insurance if you reside in Nevada and drive a car. Notify your auto insurer if a distracted driver crashes their car into yours. Your insurance company will contact the other motorist’s insurance company. Ideally, you get money from this driver’s insurer.
The insurance claims process offers no guarantees. A distracted driving accident lawyer in Laughlin understands what can happen if you go through this process alone. They offer legal guidance at each stage. Your attorney can negotiate a settlement with an insurance company.
Insurance companies sometimes pressure car accident victims and their families to accept lowball settlements. If an insurer pushes you to approve a settlement that you believe is less than what your case is worth, you still have legal options. At this point, your lawyer can bring your case in front of a judge or jury.
When to File a Distracted Driving Accident Lawsuit
The Nevada Revised Statutes (NRS) define the time frame in which you are allowed to sue a driver who got distracted and slammed their car into yours. Per NRS 11.190, the statute of limitations for filing a lawsuit is two years.
A distracted driving accident attorney in Laughlin teaches you everything you should know about Nevada’s statute of limitations. They want you to submit your lawsuit promptly. Once your lawsuit is filed, your lawyer gets your case ready for trial.
Accident scene photos, witness statements, a police report, and other evidence strengthen your lawyer’s argument. If you have a wide range of proof, it becomes difficult for a liable party to argue their case. Your body of evidence could lead this party to offer a settlement before your case is presented in court.
How to Prove Someone Is at Fault for a Distracted Driving Accident
In a distracted driving accident case, both drivers involved in the incident could claim the other is at fault. Your lawyer knows what challenges you will face as you try to get compensated for your losses. As such, your attorney accounts for the following elements of negligence in your personal injury case:
Duty of Care
All drivers have a duty of care to comply with road rules. For example, it is reasonable to expect a motorist to stop at a red light. If a motorist is distracted and drives through a red light, they are breaking the law and putting other motorists and pedestrians in danger.
Breach of Duty of Care
A motorist violates their duty of care when they commit a reckless or careless act. If a driver looks down at their cell phone, they take their eyes away from the road, which is unsafe. Thus, this driver is breaching their obligation to follow the rules of the road.
Causation
Before awarding compensation, a judge or jury must see that a party‘s actions led to your distracted driving accident. Your lawyer attempts to show that the other driver violated their duty of care and, as a result, caused your accident.
Damages
You may receive economic and non–economic damages if you can prove that a liable party was negligent. Pain and suffering, medical bills, and lost wages are three common reasons a judge or jury awards damages in distracted driving accident cases.
According to NRS 41.141, comparative negligence applies to personal injury cases in Nevada. If you are 1-50% to blame for an auto accident, a judge or jury can reduce your damages by your percentage of fault. In a situation where you are more than 50% at fault, you may not be able to receive damages.
What to Expect if You File a Distracted Driving Accident Wrongful Death Claim
The worst happens, and a family member is killed in a distracted driving accident caused by someone else. Seeking compensation from the liable party may not be something you consider in the days after the incident. A Laughlin wrongful death lawyer is empathetic and compassionate. We are available if you want to recover damages from the at-fault party.
A wrongful death claim allows you to collect money to cover losses you incurred because of your loss, including:
- Expenses related to their burial and funeral
- The companionship you lost due to their passing
- Other economic and non-economic losses
Your lawyer builds your case while you care for yourself and your family during this tough time. We will let you know if a settlement offer is made. Or, if a trial is required, our team prepares you for your legal proceedings. When you enter the courtroom, you can feel confident that your lawyer will share an argument that resonates with a judge or jury.
Ask for Help from a Distracted Driving Crash Lawyer
H&P Law is a courtroom–proven and client–praised Nevada personal injury law firm. We can discuss what a distracted driving accident case entails and help you decide if now is the right time to file a lawsuit. Request a free case consultation with us.
