The modern world has no shortage of things that could take a driver’s attention away from the road around them and make them dangerously unaware of other cars and people nearby—from cell phones to billboards and even conversations with passengers in the same vehicle. With the exception of using a “handheld wireless device” for any purpose while driving, though, Nevada state law does not explicitly establish “distracted driving” as an illegal act. This can make it complicated to file suit against someone who causes a crash by any other type of distracted driving behavior.
Distracted driving car accidents in Reno certainly can be the basis for civil litigation, but they are not the kind of thing you want to try taking legal action over alone. Even if you have past experience with car accident claims, retaining and working closely with an experienced car collision lawyer will likely be crucial to building the strongest case possible. When you enlist the team of skilled attorneys at Shook & Stone, we could help ensure you get paid fairly for all your compensable losses after a wreck of this nature.
“Distracted Driving” as Grounds for a Civil Claim
Every person who drives on public Nevada roads has a “duty of care” to obey traffic laws and keep their full attention on driving at all times. Anyone who “breaches” this duty by instead doing something reckless, careless, or illegal is legally “negligent” if that breach is then the direct and primary cause of a crash resulting in an injury needing professional medical care. Establishing “negligence” in this way is, in a nutshell, the foundation of virtually every car accident claim in Reno and throughout the state of Nevada—including those caused by distracted drivers.
Importantly, though, someone being mainly at fault for causing an auto accident is not the same as them being entirely at fault for it. It is not unheard of for people involved in wrecks caused primarily by distracted drivers to be found partly to blame for their injuries—for example, because they, too, were driving distracted or otherwise breaching their duty of care. In a scenario like this, a court could reduce the total compensation available to that injured person or even bar them from civil recovery altogether based on their percentage of “comparative fault” for their accident. Both of these are outcomes seasoned legal counsel could provide crucial assistance avoiding.
Proving that Someone Else Was Distracted Behind the Wheel
A capable car accident lawyer at Shook & Stone could help with establishing that a particular Reno car accident was, in fact, directly caused by someone else’s distracted driving. In some situations, this can be as simple as referencing a police report generated by officers who responded to a crash scene, which may include a citation issued to someone else involved for illegally using a handheld device while driving.
Most of the time, though, proving distraction behind the wheel is a much more involved process that may involve evidence from numerous other sources, including:
- Crash scene photos
- Eyewitness testimony
- Subpoenaed cell phone records
- Traffic or surveillance camera footage
This, in particular, is where a skilled legal professional’s support can go from helpful to outright essential during the litigation process.
Our Reno Attorneys Could Help After a Distracted Driving Car Accident
Distracted drivers can be just as dangerous as drunk or high drivers in many situations, and they are often just as legally liable for ensuing wrecks. That said, proving someone else injured you because they were distracted behind the wheel is far from simple, and you may have serious trouble getting paid what you deserve if you try to pursue your claim by yourself.
In the wake of a distracted driving car accident in Reno, contacting a knowledgeable lawyer to discuss your legal options should be among your top priorities. Schedule a free consultation by calling our team at Shook & Stone today.
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