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Las Vegas Texting and Driving Accident Lawyer

One of the most dangerous consequences of our current addiction to screens of all shapes and sizes is the phenomenon of “distracted driving.” This new aspect of driving risk has led to thousands of injuries and legal cases, and the Las Vegas car accident attorneys at J. Cogburn Law are staying ahead of the curve in successful resolutions of client cases.

Nevada Texting and Driving Accident Resources:

How Often Do Cell Phones Cause Car Accidents?

Distracted driving is one of the most common and often one of the most dangerous offenses a person can commit. And texting while driving is six times more dangerous than distracted driving, including driving under the influence. Here are some truly disturbing statistics about cell phone use and auto accidents from the National Safety Council:

  • Each year, cell phone use while driving causes 1.6 million crashes
  • Out of that 1.6 million, on average over 3,000 people are killed in distracted driving crashes
  • Almost 400,000 injuries result from accidents that are caused by texting while driving
  • One out of every four auto accidents in the United States is caused by texting while driving

What Can You do to Limit Cell Phone Distractions?

Texting while driving is the most dangerous example of distracted driving. Thousands of people risk their lives and the lives of others each day on the roadways by using their cell phones. Whether checking a map, changing the music, or simply sending a text, using your phone while driving is extremely irresponsible behavior. Here are a few tips to limiting your cell phone use while in the car, ensuring you make it to your destination safely and in one piece.

    • Put your cell phone out of reach so you’re not tempted to use it.
    • Make necessary phone calls, pull up directions, or send texts before you begin your journey.
    • If you need to do one of the above during your trip, pull over to a safe area to do so. 
  • Ask passengers to help with directions and communications. 
  • Avoid calling or texting a person you know is currently driving.

Nevada Texting and Driving Laws

As reported by the Nevada Department of Motor Vehicles, cell phone use while driving has been illegal in Nevada since October 1, 2011. This prohibits all actions on a cell phone including checking text messages, changing music, looking at a map, etc. Drivers are also prohibited from engaging in any of these activities while stopped at a red light.

Drivers who violate this law can be subject to citations, fines, and license penalties. Additionally, if a driver causes an accident while using their cell phone, that is grounds for legal action and could potentially be liable for damages that occurred due to their negligence.  If you have been injured because a driver hit your vehicle while texting, it will be difficult to dispute that this was reckless, negligent behavior.

How Do I Prove a Texting and Driving Accident Case?

If another driver has crashed into your vehicle because they were texting or using their cell phone, your case will be built upon a foundation that includes several factors. It’s one thing to “know” what’s right and wrong and quite another to meet the standards required in a court of law.

  1. You will need evidence that the driver was, in fact, texting or on their cell phone at the time of the accident. Ideally, this will be revealed in the police accident report – but this is not always the case, and it may be necessary to gather that evidence from cell phone records or security cameras in the area.
  2. You will need to prove that you received an injury that is the direct result of the accident. Any physical problems you have after the fact need to be proven that they did not exist prior to the incident.

If you think you may have a case related to texting and driving, don’t wait to do your research on the subject. Under Nevada law, you only have two years in which to file your claim. It is difficult to predict in advance how much time will be needed to prepare your case. Consult with our Las Vegas personal injury attorneys at J. Cogburn Law for legal guidance in the steps to proceed with a lawsuit against the negligent driver.

What Damages Can Be Recovered in a Texting and Driving Claim

Texting and driving accidents can be truly devastating. Depending on the seriousness of your injuries and the nature of your other losses, you may reasonably expect to be compensated for a range of damages, both economic and non-economic. The compensation pursued by our litigation team at J. Cogburn Law can include:

  • Current and future medical expenses
  • Property damage
  • Loss of income
  • Loss of future income
  • Pain and suffering
  • Wrongful death
  • Punitive damages

Free Consultations from a Las Vegas Texting and Driving Accident Attorney

If you or a loved one was injured by a driver who was texting while operating a vehicle, call an experienced Las Vegas texting and driving accident attorney from J. Cogburn Law today for a free case consultation.

I was hesitant about getting a lawyer for many reasons, however the entire staff at J. Cogburn reassured me that everything would be okay. They were always very attentive and provided detailed answers to any questions I had. I would like to thank the entire staff for all of your hard work, making sure that my daughters and I were compensated for the car accident, and making sure we received all the necessary treatment. You were awesome. If you need an attorney that won’t look at you as just another case, that’ll return your calls/emails I definitely recommend this team.

Jessica F.