Texting while Driving & the Law:

Texting while driving violates Nevada statute NRS 484B.165 and forms the basis of a civil lawsuit.

Victims of a collision of this nature who sue for negligence have to prove the following elements to win a negligence lawsuit in Nevada:

1. The defendant had a legal duty of care;

2. The defendant breached that duty;

3. The plaintiff’s injuries were the direct and proximate cause of the defendant’s breach of duty; and

4. The injury resulted in damages to the plaintiff. 

Seeking Compensation If the texting driver carries insufficient auto-insurance, the victim might need to file an uninsured motorist claim with his/her personal insurance company. These situations can be complex and can require expert legal assistance.

 If you have been in an accident as a result of somebody texting while driving, contact us at 702.384.9800.