Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Texting while driving is one of the most dangerous habits a driver can have. It only takes a few seconds of distraction to cause a devastating accident. You might think a glance at your phone is harmless, but research shows that even a momentary distraction can be just as dangerous as driving under the influence of alcohol.

In Nevada, texting and driving is not just risky—it’s illegal. The state has put strict laws in place to prevent distracted driving, and if you’re caught, you could face hefty fines, demerit points on your license, and even increased insurance rates. But more importantly, understanding these laws isn’t just about avoiding penalties; it’s about keeping yourself and others safe.

Nevada’s Handheld Cell Phone Ban

Nevada has taken a strict stance on distracted driving. Since 2012, drivers in the state have been prohibited from using a handheld cell phone while operating a vehicle. This means no texting, emailing, or manually entering data while driving. The goal of this law is to reduce distractions and prevent accidents caused by drivers who are not paying attention to the road.

According to the Nevada Department of Transportation, texting while driving delays reaction time as much as driving under the influence. This is why Nevada enforces penalties for drivers caught using their phones illegally.

However, the law does allow the use of hands-free devices. While this is not illegal, safety advocates still warn that even hands-free conversations can lead to distracted driving. If you must use your phone while driving in Las Vegas, it’s always best to pull over to a safe location first.

Exceptions to Nevada’s Cell Phone Ban

There are certain situations where using a handheld phone while driving is permitted. Nevada’s texting and driving laws make exceptions for:

Emergency responders, such as police officers, firefighters, and paramedics, when performing official duties; people reporting an emergency, such as an accident or dangerous road conditions; public utility workers responding to dispatch calls while performing work-related duties; and FCC-licensed radio operators who provide communication services during emergencies or disasters.

While these exceptions exist, the safest choice is to avoid using your phone while driving unless it is necessary.

Penalties for Violating Nevada’s Texting and Driving Law

Drivers caught texting and driving in Nevada face increasing penalties for repeat offenses. The fines and consequences are as follows:

Offense Fine Demerit Points Additional Consequences
First Offense $50 0 Not considered a moving violation
Second Offense (within 7 years) $100 0 Fine doubles in work zones
Third & Subsequent Offense (within 7 years) $250 4 Can lead to increased insurance rates
Commercial Drivers (CDL Holders) Varies License suspension possible Must report violation to employer within 30 days

If a driver accumulates 12 demerit points in a year, they could face a six-month license suspension. For commercial drivers, the consequences can be even more severe, including job loss.

Penalties for Violating Nevada's Texting and Driving Law

The Dangers of Texting While Driving

Using a cell phone while driving significantly increases the risk of an accident. Studies have shown that texting while driving makes a driver four times more likely to be involved in a crash. The reason is simple: looking at a phone for even a few seconds means the driver is not paying attention to the road.

“Nevada drivers are four times more likely to be involved in a crash while using a cell phone.” – Nevada Department of Transportation.

“Texting while driving delays reaction times as much as driving under the influence.” – National Highway Traffic Safety Administration

Many crashes caused by distracted driving lead to serious injuries, costly medical bills, and even fatalities. This is why Nevada’s laws are so strict when it comes to preventing distractions behind the wheel.

How to Prove a Driver Was Texting and Driving

If you were involved in an accident with a distracted driver, proving they were using their phone at the time of the crash is key to winning your case. Some of the best ways to gather evidence include:

  • Phone records – A subpoena can reveal whether the driver was texting or calling at the time of the accident.
  • Surveillance videos – Security cameras from businesses or traffic cameras may have captured the driver using their phone.
  • Eyewitnesses – Passengers or other drivers may have seen the distracted driver before the crash.
  • Photos and videos – If you safely capture images or videos of the other driver using their phone, this can be used as evidence.

Legal Options After an Accident Caused by a Texting Driver

If you were injured in an accident caused by a driver who was texting, Nevada law allows you to seek compensation for your damages. This can include:

  • Medical expenses, including hospital stays, surgeries, and therapy.
  • Lost wages if you had to take time off work.
  • Pain and suffering from physical and emotional trauma.
  • Property damage to your vehicle.
  • Punitive damages in extreme cases of negligence

An experienced personal injury attorney can help you build a strong case and negotiate with insurance companies to ensure you receive fair compensation.

Legal Rights After Texting-Related Crash - corena law

FAQs

What is the Nevada texting law for drivers?

Nevada law prohibits drivers from using a handheld phone to text, email, or manually enter data while driving. Hands-free use is permitted, but authorities still consider it a distraction.

Can I use my phone while driving in Las Vegas if it’s hands-free?

Yes, hands-free devices are allowed, but they are still considered a distraction. The safest approach is to avoid using phones altogether while driving.

What happens if I get caught texting and driving in Nevada?

First-time offenders receive a $50 fine, while second-time offenders face a $100 fine. Third-time offenders face a $250 fine and four demerit points, which can impact insurance rates.

Do texting and driving violations affect my insurance rates?

Yes, receiving multiple texting and driving citations can lead to higher insurance premiums, especially after the second Offense when demerit points are added to your record.

How can I prove that another driver was texting when they hit me?

Evidence such as phone records, surveillance footage, and witness statements can help prove that the driver was using their phone at the time of the accident.

Can I sue a driver for texting and causing an accident in Nevada?

Yes, you can file a claim for medical expenses, lost wages, and other damages if a distracted driver caused the accident.

Conclusion

Texting and driving are not only illegal in Nevada—they’re incredibly dangerous. Nevada’s texting and driving laws exist to prevent accidents, reduce injuries, and save lives. While hands-free devices are allowed, any form of distraction can still lead to a crash.

If you were injured in a car accident caused by a distracted driver, you don’t have to deal with the aftermath alone. The experienced attorneys at Gina Corena & Associates can help you understand your legal rights and fight for the compensation you deserve. Contact us today for a free consultation, and let us help you on the path to recovery.

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.

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