LAS VEGAS DISTRACTED DRIVING ATTORNEY

Is Distracted Driving Illegal?

One thing that can be confusing for drivers to understand is that while all forms of distracted driving are dangerous, not all forms of distracted driving are illegal. To be sure, most states have outlawed using a cell phone while driving, specifically texting, but there are no laws in place to address daydreaming, self-grooming, changing the radio, or eating or drinking. If these behaviors are not illegal, how can a person who is distracted at the time of crash be held liable for damages that occur?

In Nevada, fault for an accident isn’t always based on whether or not a law is breached; instead, it is based on negligence, or the failure to act with the proper duty of care required for a situation. While eating or drinking while driving certainly isn’t illegal, it is unsafe, and a reasonable person would probably state that taking one’s hands off of the wheel and looking away from the road while driving, especially at high speeds, is unsafe. As such, a driver who commits an act of distracted driving that causes a crash can be held liable based on their negligence.

How Do I Prove that the Driver Who Hit Me Was Distracted?

The crux of a car accident claim is proving that the other driver was at fault for your injuries so that you can hold this driver liable for injuries and damages that result. However, proving distraction isn’t always easy, and is certainly not as easy as proving other forms of negligence, such as driving while intoxicated or under the influence of drugs. It is important to gather as much evidence as you can following a distracted driving accident, including:

• Any video footage of the accident;
• Pictures of the vehicles’ resting places and angles of impact;
• Witness testimony;
• Testimony from the other driver;
• Police reports; and
• Cell phone data reports (which may indicate the driver was browsing the internet, sending a text message, etc. at the time of crash).

Some of these types of evidence can be difficult to obtain on your own. For this reason, it is recommended that you work with a seasoned personal injury attorney who can hire accident reconstruction experts, send spoliation of evidence letters, and request certain evidence types (like cell phone logs).