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Using Cell Phone Memory as Evidence in an Accident Lawsuit

Cell phones are constantly gathering and sending data. Last year a Princeton study determined that some phones even track their users’ location if GPS and location tracking is manually disabled. An individual’s every screen view, not to mention texting or other forms of deliberate use, can be recorded in a phone’s memory. After an accident, all of this data can sometimes offer insights into the causes and responsibility for the accident. In the aftermath of an accident the people involved in the incident typically turn to their insurance companies for help resolving issues of fault and compensation. In a minor accident, such as one involving damages that don’t exceed the at-fault driver’s policy limits, questions of evidence may not arise. The two insurers may simply resolve the case following a routine process. A more complex accident case, however, may hinge on a close analysis of the facts surrounding the case. This can be especially important if the accident involved significant personal injuries, where the amount of potential liability is large. In such cases, both sides have a substantial incentive to uncover evidence that is favorable to their position. Cell phone data can be one source of such evidence. Here are some examples:
  • Phone data that shows that the individual was texting or using data functions, like a web browser, at the time of the accident.
  • Data that contradicts testimony. For example, if a defendant is suspected of having been under the influence of marijuana at the time of the accident, but there is no police toxicology report in evidence, the defendant’s phone may reveal that the defendant visited a pot dispensary shortly before the accident.
  • Data to prove concrete details about the accident itself. An individual may have taken video or photographs in the lead-up to the accident, or afterward. If those records don’t support the individual’s case, the individual may unlawfully try to delete them.
Getting ahold of cell phone evidence can be a challenge. Evidence can be subject to a subpoena, a court order that requires a party to provide the evidence to the other side even against objections. Some forms of data are not readily accessible to users and may require additional technical steps that require the help of outside consultants. If an individual has tried to delete information, the information may need to be recovered using special software. If the evidence can be used to prove a key component of a case, these efforts are worth the customary expense. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has served clients in the Las Vegas area in personal injury and accident cases. We are happy to provide free attorney consultations to individuals who have been injured in an accident. Call 702-388-4476 or contact us through our website.

Drowsy Driving and the Law

Drowsy Driving and the Law
We’ve all done it at some point: pushing through fatigue to keep driving despite the risk of falling asleep and causing an accident. Every year drowsy driving causes hundreds of fatalities and many more non-fatal injuries throughout the country. A tired driver can fall asleep for intervals as short as a few seconds, which is enough time for an accident to occur.

How Nevada law handles drowsy driving

A few states have enacted legislation that specifically addresses fatigued driving. For example, in New Jersey someone who drives after not sleeping for 24 hours is deemed to be a reckless driver and treated in the same way as someone who is driving while intoxicated. N.J. Stat. § 2C:11-5(a). Nevada has not enacted such a law, and the example from New Jersey suggests why. New Jersey’s measure of fatigue—24 hours without sleep—is an extreme case that doesn’t come close to capturing the full range of tired drivers. Legislating for ordinary tiredness is difficult and would be hard to enforce. As a practical matter what the lack of specific laws means is that a tired driver is held to the same standard that applies to all drivers. Every driver on Nevada’s roads has a range of legal duties. These include obeying traffic laws and rules, such as following signs and complying with signals. Drivers must give pedestrians right-of-way. And all drivers owe a general duty of care to operate their vehicles in a reasonable way to protect pedestrians, other drivers, and personal property on and around the roadway. Driving while fatigued is arguably an unreasonably dangerous way to operate a car. Breaching any of these duties can be a basis for a claim of negligence against the driver. Someone who is found liable for negligence will be responsible for paying medical bills and other damages to injured parties. Even if the driver’s insurance covers some of these expenses, the driver can expect to have long-term financial consequences as a result of the accident. In extreme cases fatigued driving may also be a crime. If a fatigued driver falls asleep and causes an accident that leads to someone’s death, the driver may be charged with vehicular manslaughter, a crime punishable by jail time and a suspended or revoked driver’s license. NRS 484B.657.

Pull over, rest, or change drivers

The essential thing to bear in mind about drowsy driving is that it’s very difficult to overcome sleepiness without taking a real break. The National Highway Traffic Safety Administration recommends pulling over to take a 20-minute nap as a good short-term solution for fatigue. It’s better to switch drivers if possible. For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped victims of car accidents recover compensation for their injuries. If you have been injured in an accident with a driver who was asleep at the wheel and you have questions about your legal options, our attorneys can help. To speak to an attorney at no cost, please give us a call today at 702-388-4476. We can also be reached through our contacts page.

When to Call an Accident Attorney in Las Vegas

Experiencing a car accident is common; and yet most people are not sure when they should contact an accident attorney in Las Vegas? Sometimes, when the accident is no one’s fault, it may be a tough decision whether to get an attorney involved.  However, often accident victims may have been injured due to the outright negligence of another, making the search for a good attorney important.  What constitutes negligence?
  • Texting while driving: this growing epidemic of accidents caused by drivers who use their mobile devices to send text messages is alarming
  • Driving while intoxicated: drinking or being under the influence of mind-altering substances is a leading cause of vehicle accidents
  • Racing: two cars using the roadway as an impromptu drag racing arena can hurt innocent drivers
  • Falling asleep at the wheel: nearly as dangerous as driving while drunk, falling asleep at the wheel is not only a problem for truck drivers; it happens to other drivers too
  • Talking on the phone or watching a video on your phone: increasing number of gadgets has brought distraction to drivers, boosting the number of traffic accidents
  • Driving on the wrong side of the road
  • Failure to obey traffic signs and signals  
If you or a loved one has been the victim of someone who is guilty of one or many of these behaviors you should contact an accident attorney in Las Vegas. Contact an Accident Attorney in Las Vegas Regarding Vehicle Damage   Consult with an accident attorney in Las Vegas if your vehicle was damaged or  destroyed in an auto accident. Many vehicle owners wonder if they have any control over whether their car will be repaired or replaced. Unfortunately, your car’s fate lies in the hands of the insurance company. If it costs less to replace it, the insurance company will declare it a loss and you can take the next step. However, if the insurance company deems your vehicle repairable, there is no guarantee your car will be restored to pre-accident condition. This is the time when contacting an accident attorney in Las Vegas may be critical. If you’ve experienced an auto accident contact a leading accident attorney in Las Vegas at Greenman Goldberg Raby Martinez Law Firm. For a free consultation, call 702-388-GGRM (4476).