By Edvin Jones, Attorney at Law | Edvin Jones Injury Law | drunk driving accident lawyer Las Vegas
Quick Takeaways
- A driver who causes an accident while impaired may be held financially responsible for injuries and other qualifying losses.
- A DUI arrest or conviction can provide important evidence in a related personal injury case, although the civil claim is separate from the criminal case.
- Depending on the circumstances, additional claims or sources of recovery may exist beyond the at-fault driver’s insurance.
- Punitive damages may be available in appropriate Nevada cases involving sufficiently egregious or reckless conduct.
- Uninsured or underinsured motorist coverage may provide additional protection when the at-fault driver’s insurance is inadequate.
- Police reports, toxicology results, witness statements, surveillance footage, and other evidence should be preserved as soon as possible.
- If you are involved in a drunk driving accident in Las Vegas call us now!
Drunk Driving Accidents in Nevada: Pursuing Compensation From a DUI Driver
A collision caused by an impaired driver can have devastating consequences. Victims may face traumatic injuries, extensive medical treatment, lost income, permanent disabilities, or the loss of a loved one.
If alcohol or drugs contributed to the crash, the case can involve issues beyond those found in an ordinary car accident claim.
Evidence from the DUI investigation may become important to the civil case, including police reports, witness statements, chemical test results, citations, arrest records, and other documentation.
A drunk driving accident lawyer in Las Vegas can investigate the collision, identify potentially responsible parties, evaluate available insurance coverage, and pursue compensation for qualifying losses.
How DUI Accident Claims Differ From Standard Car Accident Claims
DUI-related injury cases can involve several important differences.
Evidence of Impairment
A police investigation may generate evidence that would not exist in an ordinary collision.
Depending on the circumstances, this can include:
- Police reports
- DUI arrest records
- Breath or blood test results
- Officer observations
- Field sobriety test information
- Statements from witnesses
- Criminal court records
- Video footage
This evidence may be relevant to establishing what happened and whether the driver’s impairment contributed to the accident.
The Criminal and Civil Cases Are Separate
A DUI prosecution is a criminal matter brought by the government.
A personal injury claim is a separate civil matter brought by the injured person or another legally authorized claimant.
You generally do not have to wait for a criminal DUI prosecution to conclude before pursuing a civil claim. In many situations, beginning the civil process promptly can help preserve evidence while memories and records are still fresh.
Potential for Punitive Damages
In appropriate circumstances, Nevada law permits punitive damages when the defendant’s conduct meets the applicable statutory standard.
Punitive damages are different from compensation for medical bills, lost wages, or pain and suffering. Their availability depends on the facts and applicable Nevada law and should not be assumed merely because a driver was charged with DUI.
Additional Sources of Recovery
Depending on the circumstances, compensation may potentially come from more than one source.
These can include:
- The impaired driver’s liability insurance
- Uninsured/underinsured motorist coverage
- Other potentially liable parties
- Applicable business or commercial insurance
A complete investigation can help identify all potentially available sources.
What Evidence Is Important in a DUI Accident Case?
Evidence can make a significant difference in determining liability and damages.
Important evidence may include:
Police and DUI Records
The police report can contain information about the accident, officer observations, citations, statements, and the driver’s suspected impairment.
Other DUI-related records may also become relevant to the civil claim.
Toxicology Evidence
Blood, breath, or other chemical testing may provide evidence concerning impairment, depending on what testing was conducted and the circumstances under which it was obtained.
Witness Statements
People who saw the driver before or during the collision may have information about:
- Erratic driving
- Speed
- Swerving
- Statements made by the driver
- Alcohol consumption
- The driver’s behavior before the crash
Surveillance and Dashcam Footage
Restaurants, casinos, businesses, residences, parking facilities, traffic cameras, and other locations may have captured relevant footage.
Because video systems can overwrite recordings, prompt preservation can be extremely important.
Medical Records
Medical documentation helps establish the nature and severity of your injuries, treatment requirements, and potential future medical needs.
Personal injury lawyer – Contact Edvin Jones Injury Law — Free Consultation
Can a Bar, Casino, or Restaurant Be Held Responsible?
Potential liability involving an establishment that served alcohol depends on Nevada law and the specific facts.
Nevada has statutory rules governing liability related to the sale or furnishing of alcoholic beverages. The circumstances surrounding the establishment’s conduct, the person who consumed the alcohol, and the resulting accident must be carefully evaluated.
Therefore, it is important not to assume that a bar, casino, or restaurant is automatically liable simply because the driver drank there.
Evidence may include:
- Receipts
- Credit-card transactions
- Surveillance footage
- Employee testimony
- Witness statements
- Alcohol-service records
- Statements made by the driver
- Timing of alcohol consumption and the accident
A lawyer can determine whether a potential claim against an alcohol provider exists under the applicable Nevada statutes.
What Compensation May Be Available After a DUI Accident?
Depending on the circumstances, an injured person may be able to seek compensation for qualifying economic and non-economic losses.
Medical Expenses
Potential damages may include reasonable and necessary medical treatment related to the accident, including:
- Emergency care
- Hospitalization
- Surgery
- Medication
- Physical therapy
- Rehabilitation
- Follow-up treatment
- Future medical care
Lost Income
If your injuries prevent you from working, you may potentially recover qualifying lost wages.
Serious permanent injuries may also affect future earning capacity.
Pain and Suffering
A serious DUI crash can cause substantial physical pain, emotional distress, disability, and loss of enjoyment of life.
These losses may be considered when determining damages under applicable law.
Punitive Damages
Punitive damages are not automatic in DUI cases.
Under Nevada law, punitive damages may be available when the defendant’s conduct satisfies the required legal standard, which involves conduct such as oppression, fraud, or malice as defined by statute.
Whether punitive damages are appropriate requires a fact-specific legal analysis.
Wrongful Death
If an impaired driver causes a fatal accident, eligible surviving family members may potentially pursue a wrongful death claim.
Damages can depend on the circumstances and applicable Nevada law.
What If the DUI Driver Does Not Have Enough Insurance?
A serious accident can produce damages that exceed the at-fault driver’s insurance limits.
If you have applicable underinsured motorist (UIM) coverage, your own policy may potentially provide additional compensation, subject to the policy terms and Nevada law.
An attorney can review the available insurance policies and determine whether additional coverage may apply.
This is particularly important in catastrophic injury and wrongful death cases where damages can be substantial.
Why You Should Not Accept a Quick Settlement
Insurance companies may contact accident victims soon after a collision.
An early settlement offer may seem attractive, particularly when medical bills are accumulating. But serious injuries can require treatment long after the initial accident.
Before accepting an offer, you should understand:
- The full extent of your injuries
- Whether additional treatment is expected
- Your lost income
- Potential future earning losses
- Available insurance coverage
- Whether other parties may be responsible
- Whether punitive or other damages may be available
Once a settlement agreement and release are signed, seeking additional compensation can become difficult or impossible.
Contact Edvin Jones Injury Law
If you were injured by a drunk or impaired driver in Las Vegas or elsewhere in Nevada, prompt legal investigation can help protect your claim and preserve critical evidence.
Edvin Jones Injury Law can investigate the accident, review DUI-related evidence, identify potentially responsible parties, evaluate insurance coverage, and pursue compensation for qualifying losses.
Free Consultation
No Win, No Fee.
We speak English, Farsi, Turkish, Russian, and Arabic.
Contact Edvin Jones Injury Law — Free Consultation
No Win, No Fee. We Speak English, Farsi, Turkish, Russian & Arabic.
Address: 818 E Charleston Blvd, Las Vegas, NV 89104
Phone: 702-337-3430
Website: edvin.law
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.
Frequently Asked Questions
1. Do I have to wait for the criminal DUI case to conclude before filing a civil claim?
No.
The criminal prosecution and personal injury claim are separate proceedings.
You can potentially pursue a civil claim while the criminal case is pending. Acting promptly may also help preserve important evidence, including surveillance footage, witness information, and accident records.
2. What if the drunk driver has minimal insurance coverage?
You may have additional options.
Depending on your policy and the circumstances, uninsured or underinsured motorist coverage may provide additional compensation.
There may also be other potentially responsible parties or applicable insurance policies. An attorney can investigate all available sources of recovery.
3. Can I recover punitive damages in a Nevada DUI accident case?
Potentially, yes.
Punitive damages are not automatically awarded simply because the defendant was intoxicated.
Nevada law requires the defendant’s conduct to meet the applicable statutory standard. Evidence concerning the driver’s level of impairment, behavior, and circumstances surrounding the crash may become relevant.
4. What if the driver was arrested for DUI but never convicted?
A criminal conviction is not necessarily required for you to pursue a civil personal injury claim.
The civil case has its own legal standards and evidence. Police reports, toxicology evidence, witness statements, video, and other evidence may still be relevant to establishing liability.
5. Can I sue if the DUI accident caused a permanent disability?
Potentially, yes.
Serious injuries can result in substantial medical expenses, lost income, future treatment needs, reduced earning capacity, pain and suffering, and other damages.
A claim involving permanent disability should account for both current and reasonably foreseeable future losses rather than focusing only on expenses incurred immediately after the crash.
