What We Do After A Distracted Driver Hits You

November 21st, 2018 by Farhan Naqvi in Car Accidents

Inattentive motorists cause about a fourth of the fatal car crashes in Las Vegas. Hand-held cellphones cause a number of these collisions, but supposedly safe alternatives, such as hands-free devices, might even be more dangerous. These built-in cellphones, or cellphones set on speaker mode, still distract drivers from the road. They also give motorists a false sense of security.

Damages in serious car crash cases can be substantial. However, the insurance company does not simply give away this money. An attorney must work hard to obtain this compensation, and that hard work starts immediately.

Send You to the Doctor

Immediately after a car crash, many people do not “feel” badly injured. In many cases, adrenaline serves as a painkiller. Once it wears off, the pain sets in. Moreover, the brain is very good at hiding its own injuries. That’s the reason many concussed football players beg their coaches to let them back in the game.

There is another factor as well. Many people think that they are doing the insurance company a favor by “toughing it out” and not going to the doctor. But a delay often has the opposite effect.

If a car crash victim does not see a doctor within the first twenty-four hours, many insurance companies will later claim that the victim’s injuries must not have been very severe. Since it’s impossible to turn back the clock to the day of the accident, this argument is a serious impediment to fair compensation.

So, we send Las Vegas car crash victims to doctors. These medical professionals do not charge any upfront fees. Furthermore, the doctor is always someone experienced in car crash injuries.

Collect Evidence

The medical records usually provide compelling evidence about the extent of the victim/plaintiff’s injury. Moreover, the treating physician can tell the jury about the connection between the injuries and the car crash. But many times, the victim/plaintiff needs additional evidence.

In device-related distraction cases, this evidence usually includes the device itself. Text messages have time/date stamps, most internet browsers store browsing history, and so on. So, the device is often critical.

Other electronic information includes the car’s black box recorder, which is called the Event Data Recorder. These gadgets capture and record things like vehicle speed and brake application.

Once again, early action is imperative. Unless an attorney sends a spoliation letter straightaway, the insurance company might “accidentally” destroy the EDR, the tortfeasor (negligent driver) might delete incriminating text messages, and so on.

Develop a Theory of Recovery

Some distracted driving cases involve negligence, or a lack of ordinary care. That’s true with regard to eating while driving, talking with passengers while driving, and other non-device distractions. The burden of proof is a preponderance of the evidence, or more likely than not. So for example, if there was a passenger in the car, it’s more likely than not that the tortfeasor was having an animated discussion with the passenger.

Other distracted driving cases involve negligence per se, or a violation of statute. That’s especially true with regard to cellphone-related claims. Nevada’s cell phone law does not apply to all smartphone uses, but it applies to a significant number of them.

In both these cases, compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Connect with a Tenacious Lawyer

Distracted drivers often cause serious injuries. For a free consultation with an experienced personal injury attorney in Las Vegas, contact Naqvi Injury Law. After hours visits are available.


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