Gina M Corena at GIna Corena & Associates

Founding Member & Managing Partner at Gina Corena & Associates

Practice Areas: Personal Injury

The dangers of distracted driving, mainly due to mobile phone use, are well-documented. Yet, accidents caused by mobile phones are significantly underreported, making it difficult to grasp the true impact of cell phone-related crashes.

We depend on various government agencies at both the state and federal levels to provide us with relevant data regarding roadway accidents. Insurance companies often use this data to set insurance rates, new home buyers may review it before deciding where to purchase, and researchers use it to increase safety on the roadways. Perhaps even more importantly, our legislators use this data to debate and implement safety measures designed to keep everyone safe on the road.

However, a report issued by the National Safety Council (NSC) tells us that between 2006 and 2017, crashes resulting from cell phone use may have been more complicated to track than initially thought due to a lack of reporting. While laws prohibit handheld phone use while driving, many crashes caused by mobile phone distractions go unrecorded, leading to a misrepresentation of the severity of the issue.

In this article, we explore the actual number of car crashes caused by cell phones, the reasons behind unreported accidents, and the legal options available for victims of such incidents.

How Many Car Crashes Are Caused by Cell Phones?

Each year, thousands of car crashes are linked to cell phone use, yet the official numbers do not reflect the full extent of the problem. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving resulted in over 400,000 injuries in 2018 alone.

However, only a tiny fraction of these crashes were officially recorded as being caused by mobile phone use.

Phone accidents exceed official count

According to the National Safety Council (NSC), cell phone-related crashes are significantly underreported. In 2018 alone, over 400,000 injuries were linked to distracted driving, yet only a fraction of these were officially categorized as cell phone-related accidents.

Several factors contribute to this underreporting:

  • Drivers do not admit to using their phones.
  • Police reports lack sufficient categories to document mobile phone use.
  • Eyewitness accounts are inconsistent.

To understand the severity of this issue, consider the following data:

Cell Phone-Related Crash Statistics

Year Total Reported Crashes (U.S.) Cell Phone-Related Crashes Estimated Unreported Cases
2018 6,734,000 385,000 Likely 2x Higher (NSC Estimate)
2019 6,756,000 396,000 800,000+ (Including Unreported Cases)
2020 5,891,000 310,000 600,000+ (Underreported Due to COVID-19 Impact)
2021 6,102,000 380,000 Estimated at Over 1 Million

The data suggests that many mobile phone-related accidents never get properly recorded, leaving victims with limited legal recourse.

Accidents Caused by Mobile Phones: Why Is Underreporting a Problem?

Despite growing awareness of accidents caused by mobile phones, the data remains unreliable. The National Safety Council (NSC) reports that police reports in 32 states do not capture hands-free phone use, making it harder to determine the actual impact.

Key Reasons for Underreporting:

  1. Drivers Do Not Admit to Using Their Phones
    • A driver who caused an accident is unlikely to self-report that they were using a mobile phone.
    • Unlike DUI cases, there is no standardized roadside test to confirm phone use.
  2. Lack of Accurate Witness Reports
    • Eyewitnesses often provide conflicting accounts of what they saw.
    • Some may not notice a driver’s phone use, while others may assume it was the cause.
  3. Law Enforcement Limitations
    • Nevada law (NRS 484B.165) prohibits handheld mobile phone use while driving, but proving that those drivers were on their phones at the time of the accident can be difficult.
    • Police reports often do not include “distracted driving” as a primary cause unless there is clear evidence.

A study by the National Highway Traffic Safety Administration (NHTSA) found that drivers who text while driving are 23 times more likely to be involved in a crash than those who are focused on the road.

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Nevada Laws on Cell Phone Use While Driving

Nevada has strict laws prohibiting cell phone use while driving:

  • Texting while driving is illegal under NRS 484B.165.
  • Drivers must use hands-free devices for phone calls.
  • First-time violators face fines, with increasing penalties for repeat offenses.

Despite these regulations, cell phone-related crashes continue to occur due to legal loopholes. For example, drivers are still allowed to:

  • Dial a phone number or input a GPS address while driving.
  • Use their phone for emergencies (though this is difficult to verify).

This means that accidents caused by mobile phones are still a pressing issue, even with legal restrictions in place.

Proving a Car Accident Was Caused by Cell Phone Use

If you or a loved one has been injured in an accident involving a distracted driver, proving that the at-fault driver was using a cell phone can be challenging.

Key Evidence in Distracted Driving Cases:

  1. Phone Records – A subpoena can be used to obtain call logs and text messages at the time of the crash.
  2. Traffic Camera Footage – Red light cameras or surveillance videos may capture phone use.
  3. Witness Testimony – Passengers, pedestrians, or other drivers may confirm phone use.
  4. Accident Reconstruction Experts – Specialists can analyze the crash and determine whether distraction played a role.

If you suspect that a driver was using their phone, working with an attorney can help gather the necessary evidence for your case.

Legal Options for Victims of Cell Phone-Related Car Accidents

Victims of distracted driving accidents may be eligible for compensation.

Damages Available in Cell Phone-Related Accident Claims:

  • Medical expenses (current and future treatment).
  • Lost wages due to injury-related inability to work.
  • Pain and suffering for physical and emotional trauma.
  • Property damage to your vehicle.
  • Punitive damages in cases of reckless behavior.

Families who lost a loved one in such crashes can also file a wrongful death claim to recover funeral costs and other financial losses.

cell phone crash victims compensation - corena law

FAQs

1. How many car crashes are caused by cell phones each year?

At least 385,000 crashes annually in the U.S. involve cell phone use, but the actual number is higher because of underreporting.

2. What should I do if I’m hit by a driver using a mobile phone?

Seek medical attention, document the accident scene, and consult a personal injury attorney to know about your legal options.

3. Is texting and driving illegal in Nevada?

Yes. Nevada law (NRS 484B.165) strictly prohibits handheld phone use while driving.

4. Can I sue a driver for causing a crash while using their phone?

Yes. You may be entitled to compensation for medical bills, lost wages, and other damages.

5. How can an attorney help in a cell phone-related car accident case?

An attorney can help gather phone records, secure witness testimony, and build a strong case for compensation.

How Gina Corena & Associates Can Help

Why Work with a Car Accident Attorney for a Distracted Driving Case?

Proving that a driver was using their phone at the time of an accident is likely complicated, but an experienced attorney knows how to build a strong case. Gina Corena & Associates specializes in handling personal injury claims and helping victims secure the compensation they deserve. The firm guides through the legal process, negotiates with insurance companies, and fights for maximum compensation.

Contact Gina Corena & Associates for a Free Consultation

If you or a loved one were injured in an accident caused by a distracted driver, you do not have to navigate the legal process alone. Contact Gina Corena & Associates today for a free consultation and learn how they can help you seek justice and fair compensation.

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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