Las Vegas Distracted Driving Accident Lawyer

Our Lawyers Aren't Distracted! Let Rodney Okano Car Accident Lawyer Law Firm Help.

In a car crash, the person who is paying attention is the one who should be safe, not the other way around. Don't let the distracted driver lawyer up before you. Contact the attorneys at Rodney Okano Car Accident Lawyer Law Firm today.

With over 20 years of legal experience in Nevada and a track record of success, our lawyers are ready to take your case all the way to trial to secure the financial settlement you need to get back on your feet.

Start your car accident claim against the at-fault driver today by calling (702) 566-3600 for a free attorney consultation.

The Most Common Causes of Distracted Driving Accidents in Las Vegas

Distracted driving is the leading cause of motor vehicle accidents in Las Vegas, and it comes in many different forms.

Common driver distractions include:

• Texting and Handheld Phone Use: Texting while driving is the most common type of distraction. It involves looking down at the phone, typing, and reading, which takes your eyes off the road and your hands off the wheel. In 2024, the National Highway Traffic Safety Administration (NHTSA) reported that cellphone use was cited as the distraction in 14% of all distraction-affected fatal traffic crashes.
• Navigation and GPS Adjustments: Making adjustments to your GPS can be a dangerous distraction. It's not just about taking your eyes off the road. You might also take your hands off the wheel or shift your focus away from driving. This type of distraction can cause you to misjudge your position, react too slowly to hazards, or even miss traffic signals.
• Eating, Drinking, and Grooming Behind the Wheel: Eating, drinking, or grooming activities like applying makeup can distract drivers. These activities require manual dexterity and attention, which can divert focus from driving.
• Interacting with Passengers: Interacting with passengers can be a significant source of distraction. Conversations require mental focus, which can steal your attention away from driving. While it's unrealistic to suggest that you should always be driving alone, it's crucial to stay aware of the potential distractions caused by passengers. If you're carrying a passenger, keep the conversation light and ensure it doesn't interfere with your ability to focus on the road.
• Infotainment and Dashboard Screens: Some drivers think they're safe when they use in-car entertainment, but they aren't. The American Automobile Association (AAA) found that drivers who adjust the radio, temperature, or navigation were often looking down for as long as 40 seconds, compared to just 4-5 seconds for a cell phone. While these systems are designed to help, most people find them too easy to turn into a distraction.
• Social Media and Other Digital Distractions: Many drivers use their phones for social media, emails, or other apps while driving. These digital distractions can be just as dangerous as texting.
• Other Activities: Other activities such as adjusting mirrors or dealing with roadside hazards can also be sources of distraction.

Most distracted driving car accidents caused by these common factors are preventable, and drivers often think it's fine to engage in distractions for a few seconds, but those seconds can make the difference between a crash and safety.

What Nevada Law Says About Distracted Driving

Nevada law NRS 484B.165 prohibits holding any handheld wireless device while driving, including while stopped at a red light. This means you cannot text, email, browse the internet, or hold your phone for a call.

Hands-free use, like Bluetooth calls, is allowed. But the moment you touch the device, you are violating the law.

Handheld Device Restrictions

Since January 1, 2012, drivers can not use a handheld cell phone or any handheld electronic device while driving. This includes talking, texting, or searching the internet with a device that requires manual handling.

This law covers the full range of handheld device interactions: sending data, searching the internet, or engaging in any non-voice communication.

Penalties for Violating Nevada Distracted Driving Law: NRS 484B.165

Violating NRS 484B.165 by using a handheld device while driving can result in fines and demerit points that escalate based on the number of previous offenses within a 7-year period:

Distracted driving violations can also lead to a suspended license if you get 12 or more demerit points within a year, and to higher insurance premiums. Also, if a driver causes an accident while using their phone, they could face civil liability for any damages or injuries caused. In serious cases, it could lead to charges like reckless driving or even vehicular manslaughter.

Who's Exempt from Nevada's Distracted Driving Law

Nevada's distracted driving law has a narrow set of exceptions. These include:

• Drivers calling in medical or safety emergencies, such as reporting a car accident, a fire, or a life-threatening situation.
• Emergency responders, including police officers, firefighters, EMTs, and emergency management personnel, acting within the scope of their employment.
• Utility workers responding to an outage or emergency and using devices provided by the company.
• Amateur radio operators providing communication services during an emergency or disaster.

These exceptions are limited and do not apply to ordinary traffic stops or non-emergency situations.

Common Injuries Caused by Distracted Driving Crashes

Distracted driving crashes cause severe injuries that can impact victims for years or even lifelong. Some common injuries include:

• Traumatic Brain Injuries: These injuries don't always show up externally, but they can affect how a person thinks, works, and lives. Even concussions, or so-called mild traumatic brain injuries, can cause years of debilitating symptoms, including headaches, dizziness, blurred vision, light and noise sensitivity, as well as issues with concentration, memory, and mood. In some cases, these injuries can lead to permanent cognitive impairments, memory loss, and emotional changes.
• Spinal Cord and Back Injuries: Spinal cord injuries can be devastating, causing permanent paralysis, loss of sensation, and requiring lifelong medical care. These injuries can result from the force of a collision, which may compress, twist, or fracture the vertebrae, damaging the spinal cord or nerves.
• Broken Bones and Internal Injuries: High-speed vehicle accidents can cause severe broken bones, such as fractures of the ribs, pelvis, or limbs, as well as internal organ damage, which can lead to serious complications. Injuries like punctured organs, internal bleeding, and soft tissue damage require extensive medical care and can have long-term effects on the victim's health.
• Emotional Trauma and Psychological Effects: Beyond physical harm, many accident victims experience emotional trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and fear of driving again. The psychological impact of a car accident can be long-lasting, affecting their overall well-being and daily life.

Our distracted driving crash lawyers handle cases involving minor to severe injuries and are ready to support you and your family on a path to fair compensation.

What to Do Immediately After a Distracted Driving Accident

If you've been involved in a car accident caused by distracted driving, it's important to act quickly. Following these steps can help protect your health, your legal rights, and the evidence needed to build a strong case:

1. Check for Injuries and Call 911
2. Document the Scene and Collect Witness Information
3. Seek Medical Attention Right Away
4. Avoid Admitting Fault or Posting on Social Media
5. Seek Legal Representation

#1 Check for Injuries and Call 911

Call 911 immediately after the accident. Let the dispatcher know that the crash occurred and how many people are involved.

Stay at the scene until law enforcement arrives. You will need to provide your driver's license number, insurance information, and a description of what happened.

If the other driver was texting or distracted before the crash, point this out to the officer. This information may help the police document the at-fault driver's behavior.

#2 Document the Scene and Collect Witness Information

If you're in the driver's seat, you may not notice the signs of distraction. But someone else can, especially if they're nearby. That's why witnesses can be so valuable in a distracted driving case.

You'll want to find someone who saw the incident clearly and could give you the most useful information. So, make sure you ask everyone who can help with your claim.

The value of a witness in a distracted driving case depends on what they saw and said. If they saw the driver holding a phone, texting, or looking at a map, that can prove distraction. If they saw the other driver swerving or hitting a car, it can show a lack of attention. But don't just ask for the most obvious details.

Also, don't forget to get the names and contact information of witnesses so you can follow up with them later.

#3 Seek Medical Attention Right Away

Your health comes first. Seeking medical attention as soon as possible after a car accident, even if you feel okay, is crucial. Not all injuries show symptoms immediately, and treating them early can prevent complications. Medical care helps you recover and provides vital evidence for any potential legal claims.

#4 Avoid Admitting Fault or Posting on Social Media

Don't say sorry or say you may have done this or that. Stick to objective events, and if an insurer or the other party starts asking questions about fault, simply say you won't answer until you have an attorney present.

Also, after a car accident, social media posts can become evidence in your claim or lawsuit. Even innocent-seeming updates about your recovery or the crash can be used by insurers or opposing attorneys to argue that your injuries are exaggerated. If you have already posted, take it down as soon as possible.

#5 Contact an Experienced Lawyer

Proving negligence in distracted driving accidents takes strong evidence, which can be hard to get, especially when the other side won't be exactly helpful in your claim against them.

This is why you need an experienced car accident attorney who understands Nevada laws, evidence gathering, and how to navigate negotiations with the insurance company.