By Farhan Naqvi, Personal Injury Lawyer in Las Vegas
When people try to use cell phones to talk to or text someone while driving, the chances of being involved in a car, truck, or SUV accident increases dramatically. Soon, Nevada lawmakers may consider tackling this safety issue.
As the Las Vegas Sun reports, the state Legislature will likely be considering bans on cell phone usage while driving on roads in Las Vegas and across the Silver State. In fact, five assemblyman, two senators, and the Nevada Public Safety Department will all be submitting bills that are designed to restrict or prohibit texting while driving and/or talking on cell phones while behind the wheel. Currently, while there are laws against “driving while distracted,” there is no legislation which specifically regulates cell phone usage by drivers.
This issue was highlighted in early 2004, when a teenage girl who was texting while driving in a pickup truck hit two people who were in the median of U.S. 95 assisting a friend who had car trouble. One of the victims suffered a head wound and a lacerated liver, the other sustained a fractured pelvis, broken right arm, and a brain injury.
It is important to point out that even though cell phone use while driving is currently legal, it can be used as evidence of liability in an auto accident in a civil court. This means that a driver who causes an auto accident while texting or talking on a cell phone may be held responsible for damages in a personal injury or wrongful death lawsuit. In addition, if a plaintiff suspects that cell phone use may be the cause of an auto accident, lawyers may attempt to subpoena a defendant’s cell phone records – which will show the dates and times of all calls or texts made from a particular cell phone.
Until the Legislature acts, cell phone use while driving is still legal – but it’s probably not a good idea to engage in this activity if you can avoid it.
About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.