How Nevada’s Texting While Driving Laws Impact Distracted Driving Claims

Distracted driving is a significant concern in Nevada, with texting while driving being one of the most common forms of distraction. The state’s stringent laws against texting while driving aim to mitigate this danger, but they also have a profound impact on distracted driving claims. The Las Vegas Distracted Driving Accident Lawyers at Mainor Ellis understand these laws and their implications and how crucial they are for anyone involved in an accident caused by a distracted driver.

Nevada’s Texting While Driving Laws

Distracted driving can include talking to other passengers in the car, using a smartphone in various capacities, eating, drinking, or any other action that takes the driver’s eyes off the road. In Nevada, it is illegal to text, access the internet, or use a handheld device while driving. This law, codified in Nevada Revised Statutes (NRS) 484B.165, was enacted to reduce the number of accidents caused by distracted drivers. Violators face fines, and repeat offenders can expect increased penalties.

The law defines “texting” broadly, encompassing not only text messages but also emails, instant messages, and any form of manual data entry or access to the internet. Hands-free use of mobile devices is permitted, provided it is initiated and terminated while the vehicle is stationary.

Impact on Distracted Driving Claims

Nevada’s texting while driving laws play a crucial role in establishing liability in distracted driving accidents. If a driver is found to have been texting or using a handheld device at the time of the accident, this can serve as strong evidence of negligence. Plaintiffs in personal injury cases can leverage this to prove that the distracted driver breached their duty of care, directly leading to the accident.

The presence of these laws makes it easier for attorneys to gather evidence. Police reports often note whether a driver was using a mobile device, and subpoenaed phone records can provide definitive proof of texting at the time of the crash. Witness testimonies and surveillance footage can also support claims of distracted driving.

Insurance companies are more likely to settle claims favorably when there is clear evidence that the at-fault driver was violating texting while driving laws. The illegal nature of the action simplifies the process of establishing fault, making it harder for insurance companies to dispute the claim.

When a driver is found to have been texting while driving, it can impact the damages awarded. Nevada courts may consider this behavior as gross negligence, potentially leading to higher compensatory damages for the victim. In some cases, punitive damages may also be awarded to deter similar behavior in the future.

Nevada follows a modified comparative negligence rule, meaning a plaintiff can recover damages as long as they are less than 51% at fault. If a distracted driver is primarily at fault, the plaintiff’s ability to recover compensation is strengthened. However, if the plaintiff was also distracted or negligent, their compensation might be reduced proportionally.

Seek Legal Assistance Today

Distracted driving is serious and can impact the rest of the victim’s life. For personalized legal advice and assistance with your distracted driving claim, contact the experienced attorneys at Mainor Ellis in Las Vegas.

Source:

law.justia.com/codes/nevada/2022/chapter-484b/statute-484b-165/#:~:text=NRS%20484B.,zone%20or%20pedestrian%20safety%20zone.