DUI related accidents are growing tremendously within Nevada. It is important to know how the ways that authorities make the connection between intoxication and driving accidents. Many times, these methods involve the collection of evidence that allows officials to understand if the driver of a vehicle had been driving after drinking alcohol.
A majority of crashes related to alcohol result in DUI arrests. Authorities do not need much to charge the driver with DUI in these cases because they merely have to establish probable cause of the negligent driver. This can be shown if the driver seems to have lost the regular use of their mental or physical capabilities. Also, due to the law surrounding blood alcohol content, the driver may be above the legally allowed limit of intoxication.
If the negligent driver is found to have violated the law, officials may apply the negligence per se doctrine. The driver would be liable for any and all damages if there is:
- Safety Law Violation. DUI is only one example. If the driver is found guilty of a moving violation, like making an lane change illegally or speeding, the per se doctrine may be applicable. In the event that the negligent driver is not convicted of the offense, it is still possible that negligence per se may still apply. In civil cases, the Clark County jury makes the final decision in matters of fact, and this includes whether or not the driver violated a safety law.
- Substantial Cause. Usually, an event like running a traffic light is the reason for the accident. But if the negligent driver ran the light because he or she was intoxicated, impairment is a substantial factor that caused the crash. That is sufficient in the eyes of the law.
Circumstantial Evidence and Impaired Crashes
There are times when officers will not have probable cause, so they will be unable to make a DUI arrest. Victims of automobile accidents still have legal options in these cases. Victims can use circumstantial evidence to prove the liability of the at-fault party:
- Previous Location. If the at-fault driver recently came from a place that serves alcohol, it is very likely that he or she had been drinking and could possibly be impaired.
- Physical Symptoms. Slurred speech, glassy eyes, unsteady stance, and red eyes are all indications of impairment and can be admissible to prove this condition in the court of law.
- Confession. Often negligent drivers admit to having drank alcohol or taken certain drugs.
Las Vegas Automobile Crashes
According to the NHTSA, it was reported that there were 10,228 reported drunk driving fatalities nationwide. There were 11,834 underage drivers arrested for driving under the influence in Nevada, only in 2011 alone. You should partner with a law firm that has experience successfully winning their clients large settlements because you shouldn’t have to for damages due to someone else’s irresponsible behavior.
We have decades of experience helping people with all kinds of injuries, and our experienced attorneys understand how to win successful settlements. At the Cottle Firm, you’re not just a case number. Contact our offices today at 702-722-6111 to discuss your claim with a professional Las Vegas car crash lawyer.