Nevada Distracted Driving Laws

If you have been injured in a car accident caused by a distracted driver, speak to a Las Vegas distracted driving accident attorney today. An experienced lawyer can help you recover the compensation you deserve.

Distracted driving is incredibly dangerous and the cause of nine deaths every day, according to the Centers for Disease Control and Prevention. As a result, many states, including Nevada, have enacted distracted driving laws to promote safety and penalize these dangerous driving behaviors.

Ban on Handheld Devices

In October 2011, Nevada’s cell phone law (SB 140) went into effect, prohibiting a person from manually typing text into a cell phone or similar device and sending or reading texts, while operating a motor vehicle. The law also prohibits talking on cell phones while driving unless the phone is used with an accessory that allows for hands-free use. Although this law only addresses cell phone use, it is one of the most common forms of distraction while driving and is responsible for a significant amount of car accidents and traffic fatalities.

Exceptions to Nevada’s Distracted Driving Law

The use of cell phones and similar devices while driving is permissible by law in the following scenarios:

When reporting or requesting assistance related to a:

• Medical emergency
• Safety hazard
• Criminal activity

Or

When a person is responding to a situation requiring immediate action and stopping the vehicle would be inadvisable, impractical, or dangerous.

Additionally, phones and similar devices can be used by law enforcement officers and other emergency personnel acting in the normal course of their employment.

Teen Drivers and Distracted Driving

Nevada enforces strict rules for teen drivers with instructional or restricted licenses:

• Teen drivers under the age of 18 are absolutely prohibited from using any wireless communication device, even with hands-free technology
• Texting, calling, or social media use while driving is illegal
• Violations may result in license suspension, fines, and mandatory driver education courses

Nevada’s graduated driver licensing system emphasizes safety and low-risk behavior among young drivers. Distracted driving is treated as a serious offense that may affect a teen’s ability to move to the next licensing stage.

Commercial Drivers and Distracted Driving

Commercial vehicle operators must comply with both Nevada state law and federal regulations:

• Federal law prohibits commercial drivers from using handheld mobile phones while operating a commercial motor vehicle
• Violations can result in civil penalties, driver disqualification, and employer liability
• Commercial drivers in Nevada who violate distracted driving rules face license points, fines, and possible suspension of commercial driving privileges

Employers of commercial drivers must enforce policies that prohibit distracted driving, or they may be held responsible for collisions caused by employee negligence.

Penalties for Violating Nevada’s Distracted Driving Law

The penalties for using a cell phone while driving in Nevada include the following:

• A fine of $50 for a first offense within seven years
• $100 for a second offense within seven years
• $250 for third or subsequent offenses within seven years

These penalties increase if the violation takes place in a temporary traffic control zone (e.g., construction zone). In addition, law enforcement can pull drivers over for violating the cell phone law without observing another separate traffic violation.

Distracted Driving and Liability in Accidents

Drivers who cause accidents due to distracted driving may face civil and criminal consequences:

Civil Liability

Distracted drivers can be sued for damages if their negligence causes a crash. Victims may recover compensation for medical bills, lost wages, property damage, and pain and suffering.

• Comparative Negligence: Nevada follows a modified comparative negligence rule under NRS 41.141. A distracted driver found more than 50% at fault cannot recover damages from another party after a collision.
• Criminal Penalties: If a distracted driver causes serious injury or death, they may face reckless driving charges or vehicular manslaughter, depending on the circumstances.

What is Considered Distracted Driving?

Distracted driving is any activity that takes away a driver’s attention from the road and operating their vehicle safely. Furthermore, distractions can be broken down into three main categories:

Manual

Any action that takes one or both hands away from the steering wheel or other driving mechanisms (e.g., checking a cell phone, eating or drinking, fixing hair or makeup, etc.).

Visual

Any distraction that diverts a driver’s eyes from the road (e.g., reading a text, road signs, car accidents, pedestrians, etc.).

Cognitive

Cognitive distractions refer to any loss of mental focus while behind the wheel. For example, daydreaming or deep thinking about things other than driving.

Any distraction can cause a safety risk to drivers and others on the road. However, the most dangerous involve all three categories, such as texting. Other common examples of types of distracted driving include:

• Eating or drinking
• Changing the music
• Looking up GPS
• Talking to passengers in the vehicle
• Reaching for an item

How to Avoid Distracted Driving in Nevada

To comply with the law and ensure road safety, drivers should:

• Use hands-free devices or vehicle-integrated systems
• Set GPS and music playlists before starting the trip
• Keep both hands on the wheel and eyes on the road
• Avoid eating, grooming, or multitasking behind the wheel
• Pull over safely if an urgent phone call or text is necessary
• Educate passengers to avoid distracting the driver
• Place mobile phones on do not disturb mode while driving

What to Do If You Are Hit by a Distracted Driver in Nevada

If a distracted driver hits you, take these steps to protect your health and legal rights:

1. Call 911 immediately and report the crash. Request a police report.
2. Seek medical attention, even for minor injuries. Medical records link your injuries to the crash.
3. Document the scene with photos of vehicles, damage, injuries, and road conditions.
4. Get contact information for the other driver, any witnesses, and the responding officer.
5. Do not admit fault or speculate about the cause.
6. Inform your insurer, but avoid recorded statements without legal advice.
7. Preserve evidence of distraction, such as witness statements or visible phone use.
8. Contact a Las Vegas, Nevada car accident lawyer to help gather phone records, deal with insurers, and build your case.

Under Nevada law, proving the other driver’s fault is key to recovering fair compensation for your current and future losses.