Just about everyone has had the experience of being distracted by their cell phone or smartphone at an inopportune time, whether in a meeting at work, during a conversation with a friend, or even attending a class at school. One place where absolutely no one should be distracted by their phone, though, is when they are behind the wheel of a moving automobile—no matter where they are going, what speed they are traveling at, or how many other people are or are not near them on the road.
Unfortunately, texting while driving car accidents in Summerlin are nevertheless fairly common. As you may have learned the hard way, they can often lead to very serious injuries with life-changing repercussions. If you have been hurt in a wreck caused by a texting driver, you likely have grounds to file a civil suit against them, which our qualified car accident attorneys at Shook & Stone can help you pursue.
What Does State Law Say About Texting and Driving?
Under Nevada Revised Statutes § 484B.165, it is illegal for drivers of any age or experience level to read or write text messages, browse the Internet, or do just about anything else with a “handheld wireless communications device” while they are operating a motor vehicle on a public road. The only exceptions are for emergency service workers, law enforcement officers, and firefighters who need to use handheld communication devices as part of their jobs, and for drivers who need to use a phone while driving to urgently summon emergency assistance.
A first-time offender convicted of texting behind the wheel in violation of this statute is only subject to a $50 fine, and repeat offenders generally face only marginally greater fines and other administrative sanctions consistent with a minor traffic offense. Importantly, though, anyone who texts while driving and causes a car crash in Summerlin as a direct result has violated their duty of care as a driver. This means they could be civilly liable to pay for the consequences of that accident under the legal theory of negligence.
Building a Strong Civil Claim Against a Texting Driver
Since texting while driving is against the law, police officers responding to the scene of a crash involving a texting driver may include in their accident report the fact that they cited that driver for that offense. Getting a copy of an accident report with this kind of citation could serve as crucial evidence, establishing that your wreck likely happened because someone else was irresponsibly texting behind the wheel.
Other types of evidence that could be important to a texting while driving car crash lawsuit in Summerlin, Rhodes Ranch, Sovana, or Sun City include:
- Witness testimony
- Photos/videos of the crash scene
- Surveillance/dashboard camera footage of the accident actually happening
- Subpoenaed cell phone data showing when specific messages were read, written, or sent
Our lawyers could help you find, preserve, and make effective use of all available information in order to give your unique claim the best chances of success.
A Summerlin Attorney Could Help Sue Over a Texting While Driving Car Accident
Anyone who focuses on their phone while driving instead of the road is acting with disregard for their own safety and the safety of everyone around them. Far from just being a subjective moral judgment, they can likely be considered legally negligent if they end up in a traffic collision while acting recklessly in this way. That would then mean they—and not you—would be liable to pay for damages your damages.
If you want to demand fair compensation following a texting while driving car accident in Summerlin, you should prioritize speaking with one of our seasoned auto accident lawyers at Shook & Stone. Call today for your free consultation.
