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Las Vegas Personal Injury Lawyers / Blog / Distracted Driving Accident / How Cell Phone Records Can Help Prove Distracted Driving in Las Vegas Accidents

How Cell Phone Records Can Help Prove Distracted Driving in Las Vegas Accidents

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Distracted driving is a growing problem on Las Vegas roads. From the Las Vegas Strip to residential neighborhoods, drivers using their cell phones put everyone at risk. According to the National Highway Traffic Safety Administration (NHTSA), thousands of lives are lost each year due to distracted driving—and a large percentage of those incidents involve texting or other cell phone use behind the wheel.

If you’ve been injured in an accident caused by a distracted driver, proving they were using their phone at the time of the crash can significantly strengthen your personal injury case. That is what Mainor Ellis in Las Vegas is here for. In Nevada, cell phone records can be powerful evidence in showing negligence and securing the compensation you deserve.

Nevada Law and Distracted Driving

Under Nevada Revised Statutes (NRS) 484B.165, it is illegal to use a handheld wireless device to talk, text, or access the internet while driving. A driver caught violating this law can face fines and even license suspension for repeated offenses.

But in a civil lawsuit, the stakes are even higher. If a driver’s phone use contributed to your accident, that behavior may be considered negligence per se, meaning the violation of a safety law can be used as automatic proof of fault in court. This is where cell phone records come into play.

What Cell Phone Records Reveal

When handled properly, phone records can show:

  • Call and text history: The exact time and duration of calls or texts can be matched against the time of the accident.
  • Data usage logs: These may indicate app usage such as social media, GPS, or streaming services.
  • Location data: This can confirm whether the phone was in use at or near the accident scene.

In some cases, metadata may show that the driver opened a messaging app or typed a text shortly before the crash—even if the message wasn’t sent.

How an Attorney Can Obtain Cell Phone Records

Cell phone records are protected under privacy laws and are not automatically available after a crash. A skilled personal injury attorney can request these records through a subpoena, usually after filing a lawsuit. This legal process requires the phone company to produce detailed logs that can be analyzed alongside crash reports, eyewitness statements, and surveillance footage.

It’s important to act quickly. Carriers may only retain certain types of phone data for a limited time. The sooner you involve an attorney, the better your chances of preserving key evidence.

Why It Matters for Your Case

Establishing that the at-fault driver was distracted can have a major impact on your case. It may lead to a higher settlement or jury award by clearly demonstrating the other driver’s negligence. In some cases, punitive damages may even be available to punish particularly reckless behavior.

Injured by a Distracted Driver? We’re Here to Help.

At Mainor Ellis, we know how to uncover the evidence that matters—especially in distracted driving cases. If you or a loved one was injured in a car accident, our experienced Las Vegas Personal Injury attorneys are ready to fight for the compensation you deserve. Contact us today for a free consultation and let us help you hold distracted drivers accountable.

Source:

leg.state.nv.us/nrs/nrs-484b.html

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