A motorist is texting while driving, and because of this, slams their car into yours. Talk with a Mesquite texting while driving accident lawyer after this incident. Your attorney can detail your legal options and what to do if you want to pursue compensation from the at-fault motorist.
The team at H&P Law is courtroom-proven and client-praised. We have more than 60 years of combined experience and have handled many auto accident cases. Let our Mesquite car accident lawyer help you in your case against a motorist who was texting and driving at the same time and caused your auto collision. Contact us today to get started.
What Can Happen if You Proceed with a Claim Without a Mesquite Texting While Driving Accident Lawyer
Filing an insurance claim should be an opportunity to get money from the insurer of the motorist who chose to text while driving. Unfortunately, this party’s insurance company could offer a lowball settlement or dispute your claim. Thankfully, you have access to legal help as you go through the claims process in the form of a Mesquite texting while driving accident attorney.
Your Mesquite personal injury lawyer can negotiate an insurance settlement for you. If no such agreement is reached, your attorney is ready to present your case in court. At this point, they may advise you to file an auto collision lawsuit.
H&P Law has recorded outstanding case results for dozens of clients, including those injured in auto accidents caused by reckless and careless motorists. If you want help with an insurance claim or personal injury lawsuit following an accident in which the other motorist was texting and driving simultaneously, we’re here for you. To learn more, request a free case consultation.
What a Texting While Driving Accident Lawsuit Involves
You have a brief window for filing a lawsuit against a motorist who crashed their car into yours as they were texting while driving. Per Nevada Revised Statutes (NRS) 11.190, you may have up to two years from the date of your auto accident to request compensation from the liable party.
Expect your texting while driving accident lawyer in Mesquite to submit your lawsuit in alignment with Nevada law. Your attorney can calculate your personal injury settlement value and craft their argument accordingly.
Your car accident attorney can share FAQs and other legal resources with you. They can keep you updated as they prepare your case for trial. Of course, if the defendant in your lawsuit offers a settlement, you can assess the proposal with your lawyer. If you aren’t completely satisfied with a settlement, your attorney has no issue with arguing your case to a judge or jury.
What’s the Value of a Texting While Driving Collision Case
The compensation that you get from the motorist at fault for your texting while driving collision will be based on your quantifiable and subjective losses. Your personal injury attorney may help you recover economic and non-economic damages, such as
- Car repair costs
- Pain and suffering
- Medical bills
- Lost wages
- Diminished earning capacity
Your attorney can discuss the damages available in your Nevada car accident case. They may encourage you to track what you spend on medical care and other losses from your auto collision. By doing so, you can boost your chances of proving negligence.
How Negligence Can Play a Key Role in the Outcome of Your Texting While Driving Crash Case
Negligence can be the difference between collecting compensatory damages and receiving nothing for your auto accident losses. Your lawyer may account for negligence as they put their argument together. As part of your attorney’s efforts, they may focus their argument on these elements of negligence:
- Duty of Care: Motorists are required to comply with Nevada law, including the rules surrounding texting while driving.
- Breach of Duty of Care: A motorist breaches their duty of care when they text and drive, which represents distracted driving and is against the law.
- Causation: The other motorist in your accident was texting and driving, and as a result, caused the incident.
- Damages: You are dealing with tangible and intangible losses that relate directly to the motorist’s breach of their duty of care to you.
Even if you have a strong case against a motorist, your lawyer may search far and wide for evidence to support their argument. Your attorney may utilize traffic camera footage of your accident, the other driver’s phone records, witness statements, and other proof when they present their case. This may help your attorney get a judge or jury to award damages.
When Modified Comparative Negligence Can Disrupt Your Texting and Driving Accident Case
Your attorney can give you information about NRS 41.141 and how it applies to your texting and driving collision case. This statute defines modified comparative negligence in Nevada.
If a motorist is driving and texting, they can cause an accident in which you suffer injuries and property damage. Just because a person wasn’t the main cause of an accident doesn’t mean they don’t hold any level of fault.
The rule permits you to recover damages if you sue a motorist who was texting and driving, and they are found to be 1–50% liable for causing an accident. In this scenario, your damages may be reduced by your percentage of fault. Alternatively, if you’re more than 50% at fault for your auto accident, you may be barred from receiving damages.
Allow Us to Handle Your Legal Matters While You Recover from Your Auto Accident and Injuries
Speak with a texting while driving accident attorney in Mesquite from H&P Law. When you do, you may quickly discover that we put our clients’ needs at the top of mind.
Our lawyer can take care of your case as you prioritize your recovery from your car accident. To find out more, schedule a free case consultation.
