Distracted driving is anything that pulls a driver’s attention away from the road, even for a second. Safety experts usually break it into three types: visual (eyes leaving the road), manual (hands leaving the wheel), and cognitive (mind not fully focused on driving). The danger is that some distractions, like texting, hit all three at once.
It is not just about phones. Eating while driving, quickly changing navigation, reaching for something in the back seat, or turning to talk to a passenger can all take attention away at the wrong moment. These small actions often feel harmless until they are not.
If you were hurt in a crash involving a distracted driver, it helps to understand exactly what happened and why it matters for your case. A quick conversation with a lawyer can make things clearer before you deal with insurance on your own.
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Texting is the distraction safety officials worry about the most. Reading or sending even a quick message takes a driver’s eyes off the road for several seconds. At freeway speeds, that’s enough time for a car to travel the length of a football field without the driver actually seeing what’s ahead. A few seconds doesn’t sound like much until you imagine driving it completely blind.
Hands-free devices don’t fully solve the problem either. Even when a driver isn’t holding a phone, their attention is still split. That short delay is often when mistakes happen, because the road has already changed while the driver is still mentally “catching up.”
Nevada has a hands-free law. Under NRS 484B.165, drivers are not allowed to type, send, or read texts on a handheld phone while driving. Holding a phone to the ear without a hands-free setup is also not permitted. Police can stop a driver for this violation on its own, even if nothing else is wrong.
Penalties start at a $50 fine for a first offense, then increase to $100 and $250 for repeat violations within seven years. Fines also double in designated work zones, and a second offense can result in demerit points being added to the driver’s record.
If the driver who caused your crash was breaking this law, it can become an important piece of evidence in showing fault and supporting your claim.
Distraction usually happens in seconds, and most of the time there’s no clear sign of it at the scene. That’s why acting quickly matters. We move quickly to preserve key evidence, such as the police report, nearby camera footage, and witness statements about what the other driver was doing right before the crash.
When needed, we go further. Phone records can be requested to show calls, messages, or activity at the exact time of the collision. Vehicle data can also help show things like late or missing braking, which often tells its own story about what the driver was (or wasn’t) paying attention to.
Because Gina Corena has experience on the insurance defense side, we also know how these cases are challenged. That helps us build distraction cases that hold up when insurers try to push back.
Insurance companies know distraction cases are harder to prove, and they use that to their advantage. They may downplay the crash, shift blame, or suggest your injuries aren’t as serious as you say. Without someone pushing back, that version of events can start to stick.
We step in early and build the case properly. That means gathering evidence, pulling records, speaking with witnesses, and putting together the full picture of what happened. We handle the insurance company directly so you don’t have to deal with calls, pressure, or back-and-forth conversations while you’re recovering. And if the case needs to be tried in court, we prepare for that from the start.
If you want a broader look at how we handle all types of crash claims across Las Vegas, you can speak with our Las Vegas car accident lawyer team.
Before founding Gina Corena & Associates, Gina Corena worked in insurance defense, representing creditors and insurance companies. She knows from the inside how insurers value claims and try to pay less, and now uses that experience to help injured people across Las Vegas.
When you work with our firm, you get a team that’s available 24/7 in English and Spanish. We’ve recovered millions of dollars for injured clients across Nevada. Cases are handled on a contingency-fee basis, which means you don’t pay any attorney’s fees unless we recover for you.
Call Gina Corena & Associates at (702) 680-1111 for a free, no-pressure case review.
Distracted driving is one of the leading causes of serious crashes in Nevada. National highway safety data reports thousands of deaths and hundreds of thousands of injuries each year linked to distracted driving, with phone use remaining one of the most common factors. (nhtsa.gov)
In Nevada, state traffic safety reports continue to identify driver distraction and cell phone use as recurring contributors in crashes across Las Vegas and Clark County, despite hands-free laws being in place. (ots.nv.gov)
Even brief distractions can have serious consequences at highway speeds, which is why officials consistently rank texting and phone use among the most dangerous driving behaviors. (nhtsa.gov)
Your claim usually starts with a free consultation, where we hear what happened and give you a clear sense of where you stand.
Next comes investigation and evidence. This is where reports, photos, videos, and records are gathered to build a picture of what actually happened, not just what’s on paper.
While you’re getting treatment, we document your losses, including medical bills, missed work, and the impact on your daily life.
Then we move on to demand and negotiation, where we present the full case to the insurance company and push for a fair outcome.
If they don’t offer what your case is worth, we’re prepared to take it to trial.
The experience of our attorneys ranges from insurance and commercial law to personal injury and other areas which give our team an unmatched ability to reach a favorable outcome in your case. We handle each matter with accountability and responsiveness, as if we were representing ourselves.
Yes. NRS 484B.165 bans texting and holding a phone to your ear without a hands-free device. It is a primary offense, so police can stop a driver for it alone.
We use police reports, camera footage, and witness statements, and, when needed, we subpoena phone records and pull vehicle data to show a call or text at the time of the crash.
In Nevada, you generally have two years from the date of the crash to file a personal injury claim under NRS 11.190.
You can still bring a claim if you were 50% or less at fault under NRS 41.141. Any compensation you receive is reduced based on your share of responsibility.
There’s no upfront cost. We work on a contingency fee basis, which means you only pay if we recover money for you. The consultation is free.
Gina Corena is a Las Vegas personal injury attorney and former insurance-defense lawyer who has recovered millions of dollars for injured Nevadans.
“Top 40 Under 40” attorney by the American Society of Legal Advocates
“Ten Best Attorneys” in Nevada