USATrafficAccidentLawyers.com

Part of the AttorneyDirectories.org Network

  • Find a Lawyer
    • How to Hire a Traffic Accident Lawyer
    • Add a Listing
  • Accident Types
    • Bicycle Accident
    • Cell Phone Caused Accident
    • Drunk Driver Accident
    • Exploding Gas Tank
    • Hazardous Roadways
    • Motor Vehicle Accident
      • ATV Accident
      • Bus Accident
      • Car Accident
        • Defective Automobile Accident
        • Self-Driving Car Accident
        • SUV Rollover Accident
        • What to Expect If You Were Injured in a Car Accident
      • Passenger Van Accident
      • Trucking Accident
    • Intersection Accident
    • Pedestrian Accident
  • Injury Info
    • Auto Accident Injuries
      • Airbag Injuries
      • Defective Seat Belt Injuries
    • Drunk Driver Injuries
    • Hit and Run Injuries
    • Personal Injuries
      • Back and Neck Injuries
      • Brain Injuries
      • Spinal Cord Injuries
    • Pre-existing Injury
    • Wrongful Death
  • Insurance Info
    • Bad Faith Insurance
    • Bodily Injury Liability Coverage Insurance
    • Filing a Lawsuit in No Fault State
    • Insurance Claim Denied?
    • Insurance for Medical Expenses
    • No Fault Insurance
    • Uninsured Accident
  • Resources
    • Blog
    • Comparative Negligence vs. Contributory Negligence
    • Determining Pain and Suffering Damages in a Car Accident Lawsuit
    • National Legal Resources
    • Negligence in a Lawsuit
    • Settling Your Motor Vehicle Accident Claim
    • State Legal Resources
    • Traffic Accident FAQs
    • What are My Potential Damages in a Traffic Accident Case?
  • Contact

Distracted Driving Laws: Nevada

The Nevada Department of Transportation estimates that distracted driving activities, such as texting and talking on a cell phone while driving, causes about 3,500 traffic accidents a year in the state, representing about 20 percent the total. Despite this, Nevada’s distracted driving law is about average among the states in terms of restrictiveness and severity of punishment. Violating the distracted driving law can carry far more devastating consequences, however, if an accident results.

Restrictions on Distracted Driving Under Nevada Law

As in almost every state, texting and driving is forbidden in Nevada, with certain emergency exceptions covering:

  • Drivers reporting an emergency
  • On-duty emergency personnel such as ambulance drivers
  • Employees of public utilities responding to emergencies

Nevada also prohibits the use of hand-held cell phones while driving. Hands-free versions such as Bluetooth are legal to use. Since Nevada law prohibits individual cities and counties from enacting their own distracted driving laws, you don’t need to worry about being pulled over by a local police officer for using your Bluetooth.

Penalties

The penalties for texting and using a cell phone while driving are the same everywhere in Nevada — $50 for a first offense, $100 for a second offense and $250 for third offense (the “lookback” period is seven years). Pervious offenses occurring in other states will count against you if Nevada finds out about them.

In the Event Distracted Driving Led to an Injury

If you cause an injury accident through texting or talking on a cell phone while driving, the injured party can use Nevada’s “negligence per se” principle to hold you automatically liable. All he needs to do is prove that you broke the distracted driving law, that your violation caused the accident, and that he suffered damages. He can prove you broke the law through a citation issued at the time of the accident, cell phone records or your own admission.

If more than one party was at fault for the accident, Nevada applies a standard known as “comparative negligence with a 51 percent bar.” If you are the one injured and you sue the other driver, for example, the other driver can use your violation of Nevada’s texting and driving law to prove that the accident was partly your fault.

If the defendant’s argument prevails, the judge will assign you a percentage of fault (25 percent or example) based on the circumstances of the accident. If your fault is less than 51 percent, your percentage of fault will be deducted proportionately from your damages. If your fault is at least 51 percent, however, you will receive nothing – you might even have to pay part of the defendant’s damages.

Possible Criminal Penalties

If you cause a fatal accident through distracted driving, you can be convicted of the criminal offense of misdemeanor vehicular manslaughter. The penalties are up to six months in jail, a $1,000 fine and a one year suspension of your driver’s license. If your degree of carelessness rises to the level of “criminal negligence” (extreme negligence) and you thereby cause serious injury or death, Nevada can sentence you to up to six years in prison and can impose a $5,000 fine. Being convicted of a criminal offense will not prevent you from being sued as well.

– Updated through September 1, 2016

Find an Attorney In Your Area


Drive Safely in Winter Conditions

Snow, ice, rain, sleet, many hours of dark – winter in certain parts of the country can throw a lot at motorists. It’s a good idea to plan accordingly … [Read More...]

What are the Most Common Injuries in a Car Accident?

Millions of people are injured in motor vehicle accidents in the United States annually. The vast majority of these injuries are non-lethal, but they … [Read More...]

How Important are Seat Belts?

Seat belts are absolutely essential to reducing the severity of injuries in a motor vehicle accident. While the vast majority of people in America … [Read More...]

Copyright © 2025 Altrumedia, LLC · Site Map · Log in