Even though we see stories everyday about people who are killed in texting and driving accidents, we still do it. Almost everybody reading this article texts and drives on a daily basis. It is hard to resist. We are inundated with so many different types of technology on a daily basis that we feel compelled to use them.
Whether we’re driving to work or the mall, we keep our phones close by. If we hear the beep alerting us to a new text message, we pick up our phones to read the text. Nine times out of ten, we’ll reply to the message while we’re driving. Very few people actually pull over before they use their phone.
The problem is that even in the few seconds it takes to read or type a text, accidents happen. If you take your eyes off the road for a few seconds, you can swerve into the wrong lane. You can hit a car head-on or speed and lose control of your car. There’s no limit to what can happen.
Texting and Driving Laws in Nevada
In Nevada, it is against the law to talk or text on a handheld device while driving. This has been the case since 2011 when Nevada passed their most recent texting and driving laws. Effective 2012, if you are caught using a phone to text or make phone calls while driving, you will be fined up to $250.
One of the reasons Nevada passed their new cell phone legislation was because of the number of texting and driving accidents every year. In 2012, over 3,500 people died as a result of texting and driving accidents. These numbers have only gone up since then.
Nevada’s laws against distracted driving ban the use of any handheld device while driving. And, since it is a primary offense, the cops can pull you over for using your device. They don’t need any other reason to pull you over. Some of the most common types of distracted driving accidents are the result of:
- Using GPS and other navigational devices
- Texting or talking on phone
- Searching for music on phone or another device
- Watching videos on a handheld device
If you are injured as a result of distracted driving, you need to contact a car accident attorney in Las Vegas.
Exceptions to the Distracted Driving Laws
As with most laws, there are exceptions to the distracted driving laws in Nevada. They all require a legitimate reason for using a device, such as:
- If you are reporting a medical safety or hazard
- If you are using a voice-activated navigational system
- Using a two-way radio that you have a permit for
- Law enforcement officers, EMT, firefighters
- Utility workers responding to emergency calls
- Amateur radio operators assisting with medical emergencies or disasters
If you have been injured by a distracted driver, they may claim one of the above defenses. However, it is important to note that these are defenses to the offenses of distracted driving. It does not serve as a defense to liability from an accident.
You will want to rely on an experienced car accident lawyer to handle this for you. If you file an insurance claim and it’s denied, you are going to have to prove that it was the other driver’s fault. Your lawyer will look to see if the other driver has a history of distracted driving offenses. He can also check to see if anybody saw the other driver at the time of the accident.
Contact a Las Vegas Auto Accident Attorney
If you have been injured by a distracted driver, you are entitled to compensation. The first thing you need to do is seek immediate medical treatment. The second thing you need to do is contact a Las Vegas auto accident attorney. Your initial consultation will be free so you can have a chance to ask any questions or concerns you may have. Bring the following information with you so your lawyer can thoroughly review your case:
- Medical records from accident
- Pictures from the accident scene
- Contact information for any eyewitnesses
- Accident or incident report
- Other driver’s insurance information
- Any correspondence from the other driver or insurance company
With this information, your lawyer can give you an idea of what your case may be worth. He will work hard to try to settle your case with the insurance company. If you are not able to do that, your lawyer will work hard to get you the compensation you deserve.