Texting and driving truck accidents in Henderson can cause catastrophic injuries, and according to state law, it is illegal to text, access the internet, or use a cell phone (if it is not hands-free) while operating a vehicle. The criminal legal system of being accused, tried, and sentenced for texting and driving is distinct from a personal injury lawsuit. However, if you have been injured from a texting and driving truck accident, the truck driver’s criminal conviction can be supporting evidence for your claims.
If you were injured in an accident caused by a driver negligently texting while driving, a dedicated truck accident attorney from the David Boehrer Law Firm could help you get the compensation you deserve.
Vehicular accident lawsuits are based on negligence, allowing injured individuals to seek compensation for harm caused by unintentional actions. Examples of negligence include slip and fall incidents, defective product sales, and distracted driving.
When an individual injured in a texting and driving truck accident in Henderson files a negligence claim, they do not need to prove the truck driver intended to cause the crash. Negligence claims require a lower standard of proof. Instead, the injured party must demonstrate that texting and driving constituted unreasonable vehicle operation.
If a person is accused, tried, and sentenced for texting and driving in a criminal case, their actions are judged based on the Nevada Criminal Code. In a negligence lawsuit, liability is determined by a reasonableness standard. If the court finds that texting and driving caused a crash, it means the driver failed to act as a reasonable driver should, and that failure resulted in harm to another person.
Each crime included in the Nevada Criminal Code contains specific elements. The elements provided are unique to the crime itself. Therefore, a prosecutor would need to prove each element for the crime of a texting and driving truck crash to obtain a guilty verdict in Henderson court.
In a negligence claim, the elements remain the same regardless of the specific actions in question. An experienced accident lawyer could explain how these elements apply to your case.
With a texting and driving negligence claim in Henderson, you can typically establish the duty element by referring to the reasonableness standard. In a nutshell, your lawyer will argue that the truck driver owed a duty to the injured individual and the other drivers on the road to operate their vehicle in a safe, reasonable manner. Those injured in texting and driving accidents greatly benefit from retaining counsel because proving this element requires additional nuanced arguments and supporting case law.
There are several ways to establish this element in a negligence claim. For a texting and driving accident, negligence per se is often the most effective. Under this theory, your lawyer will demonstrate that the truck driver breached their duty to you and others by texting while driving, a violation of the law.
Causation links the truck driver’s negligent act of texting while driving directly to the accident and the resulting injuries. Damages encompass the financial, physical, and emotional losses the injured person suffers, including medical expenses, lost wages, and pain and suffering.
The final negligence elements, causation, and damages, can be even trickier to prove. Which is why it is essential to hire an experienced truck accident attorney
Thousands of drivers are injured, and hundreds lose their lives each year due to texting and driving truck accidents in Henderson. Those affected have the right to hold negligent drivers accountable. The David Boehrer Law Firm is committed to pursuing justice for those impacted by reckless driving.
With over 20 years of experience, millions won for victims, and a staff of multilingual lawyers, injured drivers can trust the David Boehrer Law Firm for dedicated representation. Contact us today to schedule a free consultation and get the justice you deserve.
