While gathering evidence I try to focus on the driver’s duties under Nevada Statute, called the “Rules of the Road,” and how the driver is supposed to behave reasonably. I focus in on that and see if they’ve reached or violated those rules of the road to show how that was a contributing factor, or how violating safety was the contributing factor to the pedestrian accident.
One of these things that most people don’t realize when they’re driving is, when you are approaching an intersection, even though it might be 35 mph, you are supposed to decrease your speed as you go into the intersection because of the pedestrian activity in the intersections. Often, motorists don’t do that or are trying to go through a yellow light, or speed up to make sure they make the light and they are actually increasing their speed. That is frequently the cause of a pedestrian accident.
The main focus is always what the driver did wrong when they injured a pedestrian.
You hear a lot about accidents caused by drivers texting while driving. How do you prove that a motorist was texting when the accident occurred?
We request their cell phone records, and the records will show activity at the time of the pedestrian accident if they are making a call or texting. Phone records are not necessarily easy to get, but you would subpoena the cell phone company and try to track down those records.