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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Texting while driving only takes a few seconds, but those few seconds can cause a life-changing crash. Looking away from the road to read or send a message can leave another driver facing serious injuries, expensive medical bills, and a long recovery.
If you were injured by a driver who was texting, Nevada law can play an important role in your claim. A violation of the state’s handheld phone law may help show the driver acted negligently, especially when combined with evidence such as phone records, witness statements, or video footage. A Las Vegas car accident claims attorney can gather that evidence and pursue compensation on your behalf.
This guide explains Nevada’s texting and driving law, how it affects fault in a car accident case, and the evidence commonly used to prove a driver was distracted.
Texting while driving is illegal in Nevada, and has been since 2012. State law bans drivers from holding a cell phone to text, email, read, or manually enter data while the vehicle is in motion. Hands-free use is allowed, but it does not exempt the driver from the duty to drive safely.
The rule lives in NRS 484B.165, Nevada’s handheld device statute. It tells every driver to keep their hands and attention on the road. When someone breaks that rule and causes a crash, the violation becomes evidence that they failed to drive with reasonable care, which is the heart of a negligence claim.
NRS 484B.165 makes it a crime to do any of the following while driving on a Nevada road or highway:
The law treats the device, not just the act of typing, as the problem. Holding the phone to your ear is generally restricted, while a true hands-free setup, such as Bluetooth or a mounted speaker, is permitted. The key idea is simple: if the phone is in your hand while you drive, you are very likely breaking the law.
Nevada built in a few narrow exceptions. The handheld ban does not apply to:
These exceptions are limited. For nearly every driver in everyday traffic, picking up a phone to read or send a message is illegal.
Nevada increases the penalty each time a driver is caught. The fines and consequences generally work like this:
|
Offense |
Fine | Demerit Points |
Notes |
| First offense | $50 | 0 | Not treated as a moving violation |
| Second offense (within 7 years) | $100 | 0 | Fine doubles in a work zone |
| Third and later offenses (within 7 years) | $250 | 4 | Can raise insurance rates |
| Commercial (CDL) drivers | Varies | Suspension possible | Must report to employer within 30 days |
A driver who accumulates 12 demerit points in a year may face a six-month license suspension. For commercial drivers, the stakes are higher and can include job loss.
For your injury claim, the citation matters in a different way. A ticket for violating the handheld ban is a document that ties the other driver to illegal conduct at the time of the crash. It will not decide your case on its own, but it is a strong piece of the larger story.
Looking at a phone for even a few seconds means the driver is not watching the road, the brake lights ahead, or the pedestrian stepping off the curb. Safety agencies have studied this for years, and the message is consistent.
According to the Nevada Department of Transportation, drivers using a cell phone are far more likely to be involved in a crash, and texting delays reaction time to the extent that it has been compared to driving under the influence. A distracted driver is not slow because they are tired or impaired. They are slow because their attention is elsewhere, not on the road.
That delay is what turns a normal traffic situation into a serious collision. Many distracted-driving crashes lead to rear-end impacts, lane-departure wrecks, and intersection collisions, the same patterns we see across the broader category of common car accident causes in Nevada.
Texting drivers rarely admit what they were doing, so proving distraction usually comes down to the evidence. Useful evidence may include:
Because phone records and video footage may not be kept for long, gathering evidence as soon as possible can make a significant difference in your claim.
If a distracted driver caused your crash, Nevada law lets you pursue compensation for the harm you suffered.
Depending on your situation, that may include:
Nevada is an at-fault state, so the driver who caused the crash is generally responsible for these damages through their insurance. The state also follows modified comparative negligence under NRS 41.141.
You can still recover as long as you are not more than 50 percent at fault, though your award is reduced by your share of the blame. Every case is different, and the value depends on the facts and the severity of your injuries.
Yes. Since 2012, Nevada law has banned drivers from holding a cell phone to text, email, read, or enter data while driving. The rule is found in NRS 484B.165. Hands-free use is allowed, but safety experts still consider it a distraction.
The most direct proof is the driver’s cell phone records, which can show texts and data use at the time of the crash. Police reports, dashcam or surveillance video, and witness statements also help build the case. An attorney can request these records before they are deleted.
Usually not on your own. Carriers protect those records, so obtaining them often requires a subpoena or formal legal request during a claim or lawsuit. This is one reason many people work with a lawyer, who can pursue the records through the proper legal channels.
A first offense carries a $50 fine; a second offense within seven years, a $100 fine; and a third or later offense, a $250 fine plus 4 demerit points. Fines double in work zones, and repeat violations can raise insurance rates.
In Nevada, the statute of limitations for most car-accident injury claims is generally two years from the date of the crash under NRS 11.190(4)(e). Deadlines can vary with the facts, so confirm your specific deadline with an attorney as soon as possible.
If a texting driver hurt you, you should not have to chase down phone records and fight the insurance company on your own. The team at Gina Corena & Associates can investigate the crash, gather evidence, and pursue the compensation you deserve.
Call us at (702) 680-1111 (answered 24/7 in English and Spanish), or reach out through our contact page for a free consultation. There is no fee unless we win.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates.
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.
