In order to successfully win this type of lawsuit, you and your Reno personal injury lawyer will need to prove four elements:
In short, your attorney will need to prove that the driver was distracted by reading or sending a text message, or otherwise handling their mobile device in violation of NRS 484B.165, and that this incident caused the car accident in which you were injured. As the plaintiff, you have the burden of proof that the defendant acted negligently and that they are more likely than not to be liable for your injuries.
Your Henderson truck accident lawyer will investigate the accident and work to recover evidence on your behalf. Pieces of evidence commonly used in negligence per se cases include:
If you have been injured in a car accident that resulted from a motorist who was texting while driving, you may be able to recover financial compensation for your damages. The amount will vary significantly based on the circumstances of the accident, the severity of your injuries, and more. With an experienced Las Vegas car accident lawyer, you may be able to recover damages for the following common expenses:
The majority of car accident claims are settled out of court through negotiation between your Nevada personal injury attorney and the defendant’s insurance company. If the defendant is uninsured, you may be able to recover damages by filing an uninsured motorist insurance claim with your own insurance company. Occasionally, car accident claims cannot be resolved through negotiation, in which case it may go to trial and be determined by a judge.
In addition to paying financial damages to you as the injured party, the texting motorist may also be subject to civil penalties from the state of Nevada, which may include fines, demerit points, and ultimately a license suspension if there are extenuating circumstances or if the driver has accrued 12 or more demerit points within a year. The driver’s insurance premiums are also likely to increase.
Have you been injured by a driver who was texting or otherwise distracted while driving? Get legal advice and guidance from the highly rated attorneys at Benson & Bingham Accident Injury Lawyers. We are ready to help you understand your rights and options, represent you in negotiation, and take your case to court if necessary. Schedule your confidential case review with us today!
Benson & Bingham Accident Injury Lawyers
Summerlin Location
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
Downtown Location
626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
Henderson Location
9230 S Eastern Ave #155
Las Vegas, NV 89123
Phone: 702-463-2900
Fax: 702-382-9798
Reno Location
1320 E Plumb Lane Ste A
Reno, NV 89502
Phone: 775-600-6000
Fax: 702-382-9798
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys
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