July 22, 2025
Pursuing Legal Action Against Distracted Drivers in Nevada
Driving distracted isn’t just a bad habit—it’s against the law in Nevada. From reading text messages in heavy traffic to munching fast food while cruising down I-15, distracted driving is a risk to everyone. When moments of carelessness lead to a crash, victims deserve more than a half-hearted apology. Learn Nevada’s stance on distracted driving, how to protect your rights after a collision, and the steps for filing a distracted accident lawsuit.
What Is the Distracted Driving Law in Nevada?
The law is clear—keep your eyes on the road and your hands off your phone, or you’ll pay the price. Under Nevada Revised Statutes (NRS) 484B.165, it’s illegal to use handheld devices for texting, accessing the internet, or other non-voice communications while driving. Violators face legal consequences ranging from a $50 fine for the first offense to $250 and a six-month license suspension for any subsequent violations within seven years.
Note that even if someone never gets a ticket, they’re not off the hook in a civil case. Nevada driving negligence cases are based on behavior, not citations. If someone caused a crash because they were texting or fiddling with their GPS, they could be held financially liable, even if they didn’t get pulled over.
How Do You Prove a Driver Was Distracted?
Catching someone in the act of distracted driving might seem like a long shot, but lawyers have ways of building a case. The goal is to establish that the driver was not just distracted but negligent. Here’s how:
- Phone records: A subpoenaed phone log can reveal whether the driver was texting, calling, or using data right before the crash.
- Witness statements: Passengers or nearby drivers might have seen the offender looking down or swerving erratically.
- Camera footage: Traffic and security cameras may have captured the driver’s actions.
- Police report: Officers at the scene often document behavioral observations in their notes.
Can You Report Someone for Distracted Driving?
Yes. If you see someone texting or otherwise distracted behind the wheel, you can report it to local law enforcement. Jot down the car’s make, model, license plate number, and location. While it might not lead to an immediate arrest, your report helps document risky behavior and could support future distracted driving crash claims.
Steps for Filing a Distracted Driving Accident Lawsuit
Here’s how distracted driving crash claims move forward in Nevada:
- Talk to a lawyer: First, consult a personal injury attorney familiar with Nevada driving negligence cases.
- Collect evidence: Your legal team will investigate phone records, witness accounts, and available footage.
- File the lawsuit: This formal complaint outlines how the driver’s actions caused your injuries and what compensation you’re seeking.
- Negotiate and settle: Many cases are settled out of court. Your attorney will negotiate on your behalf to ensure fair compensation.
- Go to trial: If a settlement can’t be reached, the case proceeds to trial. Team up with a knowledgeable lawyer to help you prepare and present your case in court.
What’s the Deadline to Take Legal Action?
You have two years from the date of the crash to file a personal injury lawsuit in Nevada. If you miss this window, your case could be tossed out before it even gets heard. That’s why it’s so important to start early. Even if you’re not sure you want to sue, talking to a lawyer keeps your options open.
Compensation You Might Be Entitled To
If you’ve been hit by a distracted driver, there’s more to your recovery than just paying for car repairs. These accidents can lead to permanent injuries, missed work, and lingering stress. Nevada’s legal system allows victims of distracted driving crashes to pursue compensation for the following:
- Current and future medical expenses
- Therapy or rehabilitation costs
- Lost wages and reduced earning capacity
- Vehicle and other property damage
- Pain, suffering, and reduced quality of life
How Fault Affects Your Compensation
In Nevada, the driver who caused the crash is financially responsible. Insurance should cover the damages up to the policy limits. However, if your costs exceed what insurance covers or the insurance company lowballs your settlement, you have the right to file a lawsuit.
Nevada also follows the modified comparative negligence rule. That means you can still recover damages even if you were partially at fault, as long as the other driver shares more blame than you. A solid legal team will help minimize your liability and maximize your compensation.
What If the Insurance Company Offers Less Than You Deserve?
Sadly, this happens all the time. Insurance companies want to settle claims quickly and pay the least amount possible. Don’t fall for their tactics. Filing a distracted accident lawsuit is often the only way to get the compensation you deserve. An experienced attorney can pressure insurers to treat your case seriously or take them to court if they won’t.
What Can You Do Right Now?
If you were hit by a distracted driver, take these steps to lay the groundwork for a solid case:
- Review the photos you took at the accident scene and write down what you remember about the crash.
- Seek medical attention, even if you feel fine. The doctor’s assessment could support your case later.
- Retain hospital bills, car repair receipts, and towing or rental car fees to prove your expenditures.
- Talk to a lawyer about your options.
We’re Ready When You Are
Carvalho & Associates Attorneys at Law has been helping accident victims in Nevada for over 30 years. Our Las Vegas car accident attorneys are available 24/7 and have a reputation for winning high-dollar cases. Clients travel from all across the state to work with us, and with good reason. If you’re ready to protect your rights after a distracted driving crash, schedule a free initial consultation today. Together, we’ll hold distracted drivers accountable.