Drunk driving is a common problem in Las Vegas, a city known for its vibrant nightlife and heavy traffic. Being involved in an accident caused by a drunk driver is a traumatic experience. Victims often face serious injuries, emotional distress, and financial difficulties related to the accident. If you’ve been injured in an accident involving a drunk driver, you should be aware of your legal rights, including your potential right to financial compensation.
Drunk driving is a form of negligence, and motorists who cause accidents through negligence can be held liable for damages. If you’ve been injured by a drunk driver, you could recover compensation for your medical bills, lost wages, pain and suffering, and other damages related to the accident and your injuries. To learn more about your legal options as a drunk driving accident victim, contact the Las Vegas drunk driver accident lawyers of the Cottle Firm today at 702-722-6111.
The Dangers of Drunk Driving in Las Vegas
Unfortunately, Las Vegas is a hotspot for impaired driving due to its popular hotels and casinos, around-the-clock entertainment, and world-famous nightlife. According to the Nevada Office of Traffic Safety (OTS), Clark County has the highest felony DUI rate in the state. OTS records also show that there were 61 fatal alcohol-related crashes in Clark County in 2021, with 66 deaths, and that this figure increased to 82 fatalities in 2022.
Alcohol-impaired drivers have slower reaction times, impaired judgment, and reduced motor skills, all of which make them more likely to cause serious accidents. Victims of these accidents often suffer severe injuries like broken bones, head trauma, spinal injuries, and even death. Those who survive frequently struggle with numerous long-term consequences, such as extensive medical treatment, physical therapy, and emotional scars from the trauma of the accident.
What Should You Do After a Drunk Driving Accident?
If you’ve been involved in a drunk driving accident in Las Vegas, it’s important to be mindful of your next steps. Your actions in the aftermath of the crash can potentially impact your ability to recover financial compensation. Here are some steps to consider taking after being injured in a Las Vegas car accident caused by a drunk driver.
Seek Medical Attention
You should prioritize your health and safety after an accident by seeking medical attention immediately, even if you feel fine. Some serious injuries may not show symptoms right away, such as concussions and internal bleeding. Adrenaline can also temporarily mask pain, so you should be evaluated by a doctor as soon as possible following a crash.
In addition to protecting your health, seeking medical care protects your legal rights. A medical assessment establishes a clear connection between the accident and your injuries, which will be key if you decide to take legal action. If you delay treatment, the at-fault driver’s insurance carrier may attempt to argue that your injuries were unrelated to the crash.
Contact Law Enforcement
All accidents should be reported to the police, especially when alcohol is involved. The police will create an official accident report with details about the drunk driver’s impairment, witness statements, and the results of any field sobriety tests. In many cases, the police will administer a breathalyzer or blood tests at the scene to determine the driver’s blood alcohol content (BAC). This report will serve as evidence in your personal injury claim against the drunk driver.
Gather Evidence
If you are physically able, take photos of the accident scenes, your injuries, and any property damage. Documenting things like skid marks, weather conditions, and the positioning of the vehicles can help piece together the events leading up to the crash. Get contact information from witnesses and ask them to provide statements regarding what they saw. Witness testimony can be useful if the at-fault driver denies responsibility.
Keep Detailed Records
Hang on to copies of medical records, doctor’s notes, hospital bills, and any communication you’ve had with your insurance company. These documents can be used to calculate your damages. Additionally, consider keeping a pain journal where you document your physical and emotional condition in the days and weeks following the crash. Describing how your injuries have affected your daily life can provide compelling evidence for your case.
Contact a Drunk Driver Accident Lawyer
Drunk driving is a clear form of negligence. When a negligent driver causes an accident that results in injuries to others, that driver can be held liable for damages. If you wish to take legal action to recover financial compensation for your damages, speaking with an experienced Las Vegas drunk driver accident lawyer is highly recommended. Your lawyer can evaluate your case, help you file a claim, negotiate with the other driver’s insurance carrier, and help you fight for the full compensation you deserve for your injuries and all related damages.
The Emotional Consequences of Drunk Driving Accidents
In addition to physical injuries and financial burdens, drunk driving accidents can leave deep emotional scars. Victims often suffer from anxiety, depression, and post-traumatic stress disorder (PTSD) following such a traumatic event. Survivors may struggle with recurring flashbacks, fear of driving, or intense anger towards the drunk driver. These emotional consequences can be just as debilitating as physical injuries, and they often require therapy or counseling to overcome.
The Legal Rights of Victims in Drunk Driving Accidents
If you’ve been injured in a drunk driving accident, Nevada law gives you the right to seek compensation for your losses through a personal injury claim. Drunk driving accident claims differ from typical car accident claims because the impaired driver’s conduct is considered reckless, which can make it easier to prove negligence.
Nevada has strict laws against driving under the influence (DUI). A driver with a blood alcohol concentration (BAC) of 0.08% or higher is considered impaired. If a driver exceeds this limit and causes an accident, they are subject to criminal penalties, such as fines, license suspensions, and jail time. However, as a victim, you can pursue a civil lawsuit against the drunk driver, regardless of the outcome of their criminal case. Even if the driver is not convicted of a DUI in a criminal court, you may still have a strong civil case based on the evidence of their impairment or other forms of negligence, such as violating traffic laws.
Victims of drunk driving accidents in Las Vegas can seek compensation for both economic and non-economic damages, which we will explore in more detail below.
What Damages Are Available in Drunk Driving Accident Claims?
When you file a personal injury claim after a drunk driving accident, you may be eligible for several types of damages, depending on the severity of your injuries and other factors.
Economic Damages
Economic damages are quantifiable financial losses that result from an accident, including:
- Medical bills (hospital stays, surgeries, rehabilitation, prescription medications, ongoing care)
- Lost wages (including future earnings if your injuries permanently prevent you from returning to work)
- Property damage to your vehicle
- Long-term care costs (for permanent disabilities or chronic conditions resulting from the accident)
Non-Economic Damages
Non-economic damages compensation victims for more intangible losses that cannot be assigned an exact dollar figure, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life (if your injuries prevent you from engaging in activities you once enjoyed)
- Loss of companionship (in cases where a spouse or family member is affected)
Punitive Damages
In cases where the drunk driver’s actions are considered particularly egregious, victims may be awarded punitive damages. These are meant to punish the at-fault driver and serve as a deterrent to future reckless behavior that could injure others.
How Can a Las Vegas Drunk Driver Accident Lawyer Help?
Attempting to take legal action on your own after a traumatic accident can be overwhelming. This is where a drunk driver accident lawyer comes in. At the Cottle Firm, our skilled Las Vegas drunk driver accident lawyers understand Nevada’s DUI laws and can handle every aspect of your case, helping you fight for the maximum compensation for your injuries.
Investigating the Accident
A car accident attorney can investigate the crash and gather evidence from police reports, medical records, and eyewitness testimony to build a strong case. They may also hire accident reconstruction experts to analyze the crash scene and determine exactly how the accident occurred.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts. A lawyer can protect your rights and negotiate on your behalf to help you fight for fair compensation. They will handle all communications with the insurance adjusters, so you don’t have to worry about being pressured into a lowball settlement offer.
Litigation
The goal is to reach a fair compensation settlement offer through negotiation. However, if a fair settlement cannot be reached, your lawyer will be prepared to take your case to court. They will advocate for you in front of a judge and jury and present the evidence needed to secure a favorable outcome.
Proving Liability in Drunk Driving Claims
Proving liability in a drunk driving case involves gathering evidence to show that the impaired driver was at fault for the accident. Some key pieces of evidence that your attorney may use include:
- Police report: The official police report will contain important details for proving liability, including whether the driver was tested for alcohol and what their BAC was at the time of the crash.
- Breathalyzer or blood test results: These tests prove that the driver was impaired. Your attorney can subpoena these records if they are not readily available.
- Witness testimony: Statements from people who saw the accident can help corroborate your version of events.
- Traffic camera footage: In some cases, footage from nearby traffic cameras may provide additional evidence of how the driver caused the crash.
Establishing that the driver was impaired and responsible for the crash is the key to any successful drunk driving personal injury claim. Your lawyer will also investigate whether the driver has a history of DUI offenses, as this may bolster your case for punitive damages.
Insurance Company Tactics to Watch Out For
Insurance companies are big businesses, and their top priority is maximizing their profits. These companies often use aggressive tactics to minimize or deny claims. Here are a few common strategies they might employ:
- Downplaying injuries: The insurance adjuster may claim that your injuries are not as severe as you’ve stated and may offer a low settlement that won’t cover your full damages.
- Blaming the victim: Nevada follows a comparative negligence rule, where both sides in a claim are evaluated for negligence. Any award can be reduced based on your percentage of fault. Insurance companies may argue that you were partially responsible for the accident to reduce the amount of compensation you receive.
- Denying claims: Insurance companies sometimes drag out the claims process in hopes that they can pressure you into accepting a lower settlement out of frustration or financial necessity.
Having a skilled drunk driver accident lawyer on your side can help you avoid falling into these traps. Your attorney will counter these tactics with strong evidence and ensure that the insurance company treats you fairly.
When to Hire a Drunk Driver Accident Lawyer
The sooner you hire a lawyer after a drunk driving accident, the better your chances of building a strong case. The Nevada statute of limitations for personal injury claims is two years from the date of the accident. While this may seem like a long time, it’s important to remember that building a case takes time. Evidence needs to be gathered, witnesses need to be interviewed, and medical records must be reviewed.
Delaying legal action can harm your case. Witness memories may fade, and crucial evidence may be lost. An experienced lawyer will act quickly to preserve evidence and ensure that you meet all legal deadlines for pursuing financial compensation.
Discuss Your Case With Our Las Vegas Drunk Driver Accident Lawyers
If you or a loved one has recently been injured in a crash involving a drunk driver, we understand the difficulties you are currently facing. At the Cottle Firm, our dedicated Las Vegas drunk driver accident lawyers help victims seek the financial compensation they need and deserve following an accident with a drunk driver. Give us a call today at 702-722-6111 to discuss your case in a free consultation.