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Can Hands-Free Devices Affect Nevada Personal Injury Claims?

In 2001, New York was the first state to ban the use of a cellphone while behind the wheel, and after some years, Nevada followed suit. At this point, it is illegal to use a cell while operating a motor vehicle in Nevada, but what about hands-free devices like Bluetooth? Well, using a hands-free device while driving is legal in Nevada, but that does not mean that hands-free device use has no legal ramifications.

Establishing Negligence in Personal Injury Lawsuits

In Nevada, proving negligence in a personal injury lawsuit isn’t as black and white as the Nevada criminal justice system. In fact, a plaintiff can make a winning argument against a defendant while citing perfectly legal actions that are not punishable under Nevada law. In short, an act can be entirely negligent in spite of its legality. This means an action can be legal but negligently dangerous or life-threatening, such as using a hands-free device while behind the wheel.

The Dangers of Hands-Free Devices

Many people believe hands-free devices are less of a driving-distraction when compared to handheld cell phones; however, studies show that hands-free devices dramatically impact a driver’s reaction time. In fact, the Nevada Department of Transportation (NDOT) states that hands-free devices, “can delay your reaction time as much as driving while legally drunk.”

Therefore, hands-free devices disrupt and impact one’s ability to drive. As these devices cause someone to have the reaction time of a drunk, during a personal injury lawsuit, a plaintiff’s representation can easily make a case that someone who caused an accident while using a hands-free device was acting negligently. As a result, injuries caused by another person’s negligent use of a hands-free device can be actionable in civil court.

If you or a loved one were injured in an auto accident caused by hands-free device use, or another negligent action, call (702) 602-8869 for a free consultation concerning your situation.