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Distracted Driving Laws and Liability

Texting While Driving car accident fault

Key Points

What Is Distracted Driving?

Distracted driver

Distracted driving is any activity that diverts attention from driving. Distracted driving includes texting, eating, using navigation systems, and other activities that distract from the focus on safe driving, and it is responsible for thousands of auto injuries and car crash deaths every year in Las Vegas, Nevada and the United States. 

Texting and driving, notably, is one of the most concerning distractions. It involves taking your eyes off the road for significant periods, equivalent to driving the length of a football field blindfolded at moderate speeds. 

If you were hit by someone texting and driving, you need the best car accident lawyer you can find.  Give us a call at the Law Office of Kevin R. Hansen and learn why you need an Auto Accident Attorney to protect your rights and help you recover damages for your injuries.

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Distracted Driving Statistics

Distracted Driving Car Accidents Affect Thousands Every Year

According the National Highway Traffic Safety Administration, the consequences of distracted driving are grave. In 2021, distracted driving claimed 3,522 lives in the United States. The previous year, 3,142 people were killed in accidents involving distracted drivers. These alarming figures highlight the urgent need for awareness and preventative measures. Experienced injury lawyers and top-rated personal injury firms often cite these statistics to emphasize the risks of distracted driving.

Distracted Driving Deaths in the United States

Nevada Law Research

Nevada's Distracted Driving Statutes

In Nevada, distracted driving, particularly texting and using handheld mobile devices while driving, is illegal under Nevada Revised Statutes (NRS) 484B.165 and 484B.603. These laws prohibit all drivers from texting, accessing the internet, or using handheld wireless communication devices while operating a motor vehicle. The only exceptions are for emergency personnel and drivers using voice-operated or hands-free technology.

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Defining Negligence and Liability in Distracted Driving Cases

Using Cell Phone while Driving

Distracted Driving Is Negligent Driving

In Nevada, negligence occurs when a driver fails to exercise reasonable care, resulting in harm or injury to another person. In the context of distracted driving, texting while driving, using a phone or engaging in other distractions while driving can be considered a breach of this duty of care.

Establishing Due Care and Liability

To establish liability in a distracted driving case, it must be proven that the driver was negligent and that this negligence directly caused the accident and resulting injuries. Proving this involves demonstrating that the driver was distracted (e.g., texting or using a phone) and that this distraction was the primary cause of the accident.

As your attorneys, we gather evidence such as phone records, witness statements, and police reports to build a strong case for your client.

We Help People injured in Distracted Driving Auto Accidents

Comparative Negligence in Distracted Driving Cases?

In Nevada, the concept of modified comparative negligence plays a crucial role in personal injury cases, including those involving distracted driving. Under this rule, an injured party can recover damages only if they are found to be less than 51% responsible for the accident. Furthermore, any compensation awarded is adjusted based on the injured party’s degree of fault.

Comparative Negligence Case Study

Imagine a scenario where John, driving in Las Vegas, is hit by Emily, who was texting while driving. However, at the time of the accident, John was speeding, which contributed to the severity of the collision. In this case, both parties bear some responsibility for the accident.

In court, it’s determined that Emily is 70% at fault for the accident due to her distracted driving, while John is 30% at fault for speeding. If John’s total damages are assessed at $100,000, under Nevada’s modified comparative negligence rule, his compensation would be reduced by his percentage of fault. Therefore, John would be eligible to receive 70% of the total damages, amounting to $70,000.

This scenario demonstrates how Nevada law assesses and adjusts compensation in accidents where multiple parties share fault. It underscores the importance of understanding and navigating these legal nuances, particularly in distracted driving cases where liability may not be straightforward.

Distracted Driving FAQ

Most frequent questions and answers

Yes.  We offer free consultations with our Lead Trial Attorney, Kevin R. Hansen.  You will receive legal advice, develop a case strategy, and learn how we can help.  You are not obligated if you talk with us.

Laws vary by state. Most states have laws against texting and using a cell phone while driving. It’s important to know and adhere to the laws in your state, especially when seeking maximum injury settlement from a car accident.  In Nevada the distracted driving laws are addressed in NRS 484B.165

You can take a pledge to drive phone-free, influence your peers, support local laws, and spread awareness about the dangers of distracted driving. Seeking car accident legal advice can also be beneficial in understanding the consequences.

No.  At the Law Office of Kevin R. Hansen you only pay when we win…. No Win, No Fee!

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Founder AND Trial Attorney

Kevin Hansen

Personal Injury Lawyer Kevin R. Hansen is no ordinary injury lawyer. Boasting hundreds of victories in car accident cases, Kevin is a automobile accident lawyer who has earned a reputation for being a tenacious advocate for his clients. 

Reach out to us. It costs you nothing to speak with us, and we have a No-win, No-fee guarantee. This means you only pay when we win.



Lead Personal Injury Lawyer Kevin R. Hansen

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