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Founding Member & Managing Partner at Gina Corena & Associates
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Distracted driving is one of the leading causes of car accidents in Nevada. Looking at a phone for just a few seconds can be enough to cause a serious crash.
If you were injured by a distracted driver, a Las Vegas car accident injury attorney can help gather evidence and pursue compensation for your losses.
This guide explains Nevada’s distracted driving laws, the penalties for violating them, and how evidence of distraction can strengthen your injury claim.
Under NRS 484B.165, drivers cannot hold or use a handheld wireless device while driving. That includes texting, browsing the internet, scrolling through apps, or holding a phone to make or receive a call.
Hands-free devices, such as Bluetooth or voice-activated systems, are generally allowed. The law also includes limited exceptions, such as reporting an emergency or criminal activity.
Distracted driving is often grouped into three types:
A driver looking at a phone can be doing all three at once, which is why a few seconds of texting at highway speed can cover the length of a football field with the driver barely watching the road.
Using a handheld phone while driving can result in fines that increase with each violation.
Drivers who accumulate too many demerit points may face a license suspension. Penalties can also be higher if the violation occurs in a work zone or pedestrian safety zone.
These penalties are separate from a personal injury claim. If a distracted driver causes a crash, they may also be responsible for your medical bills, lost wages, and other damages.
If a distracted driver caused the crash, evidence of that distraction can strengthen your injury claim. A citation for violating NRS 484B.165, or other evidence that the driver was using a phone, may help show they failed to use reasonable care.
Even without a ticket, evidence such as phone records, witness statements, or video footage can support your version of events and help establish fault.
Nevada follows an at-fault system and a modified comparative negligence rule. If the other driver’s distraction caused the crash, strong evidence can help show they were responsible and reduce the chance of the insurance company unfairly shifting blame to you. To see how distraction fits among other crash causes, our overview of the common causes of car accidents in Nevada provides context.
Proving distraction takes more than a hunch, and the strongest cases pull together several sources of evidence. The right proof depends on the crash, but these are the pieces that most often make the difference.
Because some of this evidence disappears quickly, acting fast matters. A broader look at the crucial evidence for a strong car accident case shows how these pieces fit together to support a claim.
Nevada generally gives you two years from the date of a car accident to file a personal injury lawsuit. Waiting too long can also make it harder to prove your case because important evidence may disappear.
Phone records can be deleted, video footage may be overwritten, and witnesses’ memories can fade. Taking action early helps preserve evidence and protect your claim.
Because deadlines and exceptions can vary, it is a good idea to speak with a lawyer as soon as possible after a distracted driving accident.
Yes. Under NRS 484B.165, it is illegal to type, send, or read text messages or other data on a handheld device while driving. The law also bars holding a phone to your ear for calls unless you use a hands-free setup. Drivers can still use Bluetooth, a mounted speaker, or voice commands.
A first offense generally results in a fine of about $50. Repeat violations within seven years carry higher fines and may add demerit points to the driver’s license. Penalties can also increase for violations in work zones or pedestrian safety zones.
It can. A citation for handheld use is evidence that the driver broke a safety law, which supports the breach-of-duty part of a negligence claim. Even without a ticket, proof of phone use at the time of the crash can carry weight with an insurer or jury.
Common evidence includes phone and carrier records, the police report, any citation, dashcam or surveillance video, witness statements, and the driver’s own admissions. Some of this evidence disappears quickly, so it helps to involve a lawyer early to preserve it.
Yes. Nevada is an at-fault state, so the distracted driver and their insurer are responsible for the harm they cause. Nevada also uses modified comparative negligence, meaning you can recover as long as you are not more than 50 percent at fault, with any award reduced by your share.
If a distracted driver caused your crash, you should not have to prove their carelessness on your own. The team at Gina Corena & Associates can investigate the wreck, work to preserve phone records and video before they vanish, and deal with the insurance company while you focus on healing.
Call us anytime at (702) 680-1111 for a free consultation, answered 24/7 in English and Spanish. There is no fee unless we win your case. You can also reach out through our contact page to get started.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
