Can You Get Compensation If the Distracted Driver Wasn’t Ticketed?
So you’re in a car accident. You believe the other driver was distracted. Maybe texting, checking GPS, looking away, maybe using their phone.
But law enforcement didn’t issue a ticket. Doesn’t matter.
In Nevada, you can still seek compensation. Let’s unpack how that works and what you’ll need to prove. Mainor Ellis Injury Lawyers are here to help you recover the compensation you deserve, even without that traffic ticket.
Distraction Doesn’t Require a Ticket to Be Negligence
Nevada law (for example, NRS 484B.165) prohibits using a handheld wireless device while driving. That means texting, manually entering data, or holding the phone to one’s ear without hands-free is prohibited.
But here’s the key: the law about distraction and the law about liability in your civil case are related but distinct. Even if the distracted driver wasn’t cited, the law still recognizes distraction as a form of negligence.
So if you can show the driver was distracted, that may be enough to prove they breached their duty of care toward you, which is central to compensation claims. Nevada law allows victims of distracted driving accidents to seek damages for losses (medical, property, pain & suffering) if negligence is established.
What You Need to Prove: The Four Elements
Now, that’s the key: negligence needs to be established.
To succeed in a personal injury claim when the distracted driver wasn’t ticketed, your case needs to include proof of:
- Duty of care: All drivers owe a legal duty to drive safely and avoid distractions.
- Breach of duty: You must show the driver failed to observe that duty by being distracted (phone, texting, not paying attention, etc.).
- Causation: Their distraction must have directly caused the crash or contributed significantly.
- Damages: You suffered measurable harm such as medical bills, lost wages, property damage, emotional suffering.
You won’t need a citation to prove the first two; witnesses, physical evidence, phone records, driving data, or testimonies can fill in. The lack of a ticket does make it harder, but not impossible.
Examples of Evidence You Can Use
Depending on the situation and type of distraction, the following are some of the examples of proof of negligence in distracted driving accidents:
- Phone records showing the driver’s phone was in use at the crash time (calls, texts, data).
- Witness testimony from passengers, bystanders, or other drivers who saw the driver distracted.
- Video footage: dash-cams, traffic or surveillance cameras, cell phones.
- Accident reconstruction showing how driver behavior (like delayed braking or swerving) indicates distraction.
- Police report observations, even if no ticket was issued (e.g. officer notes distracted behavior).
These build your case, sometimes even more powerfully than a ticket, especially when you have a Las Vegas distracted driving accident lawyer building your case.
Comparative Negligence & Your Case
Nevada follows the modified comparative negligence rule (NRS 41.141). That means even if you share some fault (say you were also momentarily distracted or speeding), you might still recover damages (just reduced by your percentage of fault) so long as you are less than 51% at fault.
At Mainor Ellis Injury Lawyers, we have handled dozens of car accident cases where one of the parties was distracted. We’ve also handled distracted driving cases where the other party got no ticket. We know how to:
- Investigate and preserve evidence, even when time has passed
- Subpoena phone records or vehicle data when needed
- Bring on expert recreations or witness statements to reconstruct what happened
- Handle comparative fault issues so your recovery is maximized
With solid evidence, timely action, and legal help, justice may still be on your side.
The Other Driver Was Distracted? You Deserve Compensation
Yes, you can get compensation even if the other driver wasn’t ticketed for distracted driving. Nevada law supports civil claims based on negligence, not just citations.
Injured in an accident where distraction seems to be the cause? Contact Mainor Ellis Injury Lawyers today for a free case evaluation. Call at 702-450-5000 today.
Source:
leg.state.nv.us/nrs/nrs-484b.html#NRS484BSec165
