
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.
Does texting while driving violate Nevada’s driving laws?
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:
- emergency or law enforcement personnel who are on the job,
- people reporting an emergency,
- people responding to an emergency,
- licensed radio operators communicating public information, and
- public utility workers using a device provided by the utility company while responding to an emergency, such as a power outage.[2]
Can I file a claim after one of these distracted driving accidents?
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:
- the driver had a duty of care to keep you safe,
- the driver breached that duty of care, and
- that breach caused your injuries.[3]
However, Nevada’s negligence per se law can make this easier if the driver was texting behind the wheel.
What is negligence per se?
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:
- there is a law that exists to protect a class of people,
- you were a member of that class at the time of the accident,
- the motorist that hurt you violated that law, and
- that violation caused your injuries.[4]
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:
- the driver had a duty of care, and
- the driver breached that duty of care.
This makes it far easier to secure the compensation you need.
What should I do immediately after the distracted driver hits me?
After getting hit in Las Vegas or the rest of the state of Nevada, you should:
- get medical attention,
- gather evidence of the scene of the accident, such as by getting the contact information of any eyewitnesses or taking photos of the crash scene,
- report the accident to a police officer, and
- call a personal injury lawyer.
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.
How can a car accident lawyer help me?
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:
- understand the compensation that you deserve,
- gather evidence to support your claim,
- file the claim with the insurance claim, and
- make an informed decision about whether to accept a settlement offer.
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.
What are the penalties for driving while using a cell phone?
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.