Every day innocent victims are injured or killed in Nevada auto accidents. Our attorneys can help you to get justice and compensation.
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Every day innocent victims are injured or killed in Nevada auto accidents. Our attorneys can help you to get justice and compensation.
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If you get hit by someone texting while driving in Las Vegas, you can file a personal injury lawsuit and demand compensation for your losses. Because texting and driving is against the law in Nevada, you may be able to prove that the driver was negligent per se, making it easier to recover compensation.
Generally, yes. Nevada’s traffic laws forbid drivers in the state from using a handheld wireless device while driving.[1] This covers manually texting on your phone. It also covers any other form of cell phone use with your hands.
It does not cover using a hands-free device. You can still use your phone for sending or reading texts while driving, so long as you do not use your hands.
The law has exceptions for:
If you are in a car accident with someone who was texting and driving, you can file a claim for compensation. This claim would initially be filed against the at-fault driver’s insurance company. If no settlement offer is accepted, the insurance claim could lead to a personal injury lawsuit.
In that lawsuit, you would have to show that:
However, Nevada’s negligence per se law can make this easier if the driver was texting behind the wheel.
Negligence per se is a legal doctrine that applies to someone who violates a statute or regulation. If that violation injures someone who was supposed to be protected by the statute or regulation, negligence per se holds that person liable.
Under Nevada law, in order to prove that the texting driver was negligent per se, you have to show that:
When it comes to texting and driving, that law is Nevada Revised Statute 484B.165. This law exists to protect people from the dangers of drivers who are distracted by text messages on their phones.
If you can show that the driver was violating that law and caused your injuries, you can hold them negligent per se. This is often done with their cell phone records or the police report. A finding of negligence per se proves the first two factors of a personal injury claim:
This makes it far easier to secure the compensation you need.
After getting hit in Las Vegas or the rest of the state of Nevada, you should:
If your injuries prevent you from doing anything on the scene of the accident, do not worry. Getting medical attention should be an injured accident victim’s first priority.
A personal injury attorney can handle your accident claim against the at-fault driver’s auto insurance company. With a lawyer’s help, you can:
If no fair settlement offer is made, your lawyer can escalate the auto accident case by filing a personal injury lawsuit. This is a formal demand for compensation for what you have lost from the motor vehicle accident, from your medical bills to your pain and suffering and lost wages. It is filed in Nevada state court and gets served on the at-fault driver and his or her insurer.
With the knowledge and advocacy of an experienced car accident attorney from a reputable law firm, you can maximize the settlement offers that you receive. Your lawyer will also reduce the stress and anxiety of pursuing your rights on your own.
Starting in 2023, Nevada’s laws against using a handheld device while driving make it a civil infraction. This is a traffic ticket, not a criminal offense. It used to be a criminal misdemeanor, but the law was changed to reduce the penalties. Starting on January 1, 2023, the penalties for driving while using a handheld cell phone in Nevada are[5]:
Number of offenses in the last 7 years | Civil penalty | DMV demerit points |
First offense | $50 | 0 |
Second offense | $100 | 4 |
Third or subsequent offense | $250 | 4 |
If the violation occurred in a work zone, the civil penalty is doubled.[6]
Additionally, your car insurance rates will increase.
If you get 12 or more demerit points on your driver’s license in a year, you will face a license suspension of 6 months.[7]
Legal References:
[1] NRS 484B.165.
[2] NRS 484B.165(2).
[3] See Sanchez v. Wal-Mart Stores, Inc., 221 P.3d 1276 (Nev. 2009).
[4] Barnes v. Delta Lines, Inc., 99 Nev. 688 (Nev. 1983).
[5] NRS 484B.165(4).
[6] NRS 484B.165 and 484B.130.
[7] NAC 483.500, 483.510, and 483.764.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.