Drunk Driving Accidents and Liability Claims
Las Vegas, Nevada
Drunk driver's litigations
If you have been a victim of a drunk driving accident and planning to file a lawsuit, call us at 702-432-1000 to speak with a car accident lawyer directly. We can help you get monetary compensations to cover your medical bills and other damages.
Vegas drunk driving accidents
Car accidents are a very traumatic experience especially when caused by drunk drivers. In addition to physical injuries and damages to your car and other personal belongings, you have to deal with a lot of stress, anxiety, and frustration. Medical bills can pile up very quickly, you may have to miss work, and your life could be forever changed.
Las Vegas is known for its fun nightlife and festive atmosphere. Las Vegas is also known for the very excessive consumption of alcohol. Consequently, your risk of being hit by a drunk driver in Las Vegas is probably one of the highest in the nation. Knowing what to do in a drunk driving car accident can save you time and headaches. While a car accident lawyer may not be able to heal your injuries or bring back your loved ones, they can surely seek the financial compensations that you deserve.
Drunk driving accidents and blood alcohol limit
Drinking alcohol is known to impair the driver's ability to control any motor vehicle safely. Drunk drivers have delayed reflexes and problems estimating speed and distance. The state of Nevada has prohibited driving with a blood-alcohol level of 0.08% or above. This blood alcohol limit is lowered to 0.02% for young drivers (21 years old or less) and to 0.00% for drivers of commercial vehicles (regardless of age).
Who is liable?
If you have been a victim of an accident caused by a drunk driver in Las Vegas and throughout Nevada, the liability of the drunk driver is relatively easy to establish. Law enforcement agents dispatched at the scene of the accident are trained to identify drunk drivers, to test for blood alcohol levels, and to collect evidence for driving under the influence (DUI). Typically, police reports will indicate if a drunk driver has caused the accident.
Are bars/pubs liable?
No. In many states, you can sue the bar if the bar serves liquor to a visibly intoxicated person, but NOT in Nevada. The NRS 41.1305 explains the "Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage." Basically, in Nevada, the bar can continue to serve alcohol to the very drunk patrons and, if that intoxicated person later causes a traffic accident and injures somebody, the bar is not liable. The same rules apply to restaurants, taverns, social clubs, special events, holiday parties, or pool parties.
The duty of care and drunk driving
Under Nevada law, the duty of care rule states that drivers should take all reasonable measures to prevent harm to persons and property by any reasonably foreseeable cause. When a drunk driver gets behind the wheels of a motor vehicle, he/she is violating the duty of care and is therefore legally found negligent and subject to prosecution.
Does car insurance cover drunk driving accidents?
For insurance purposes, a drunk driving accident is no different from any other motor vehicle accident. A car accident is a car accident, regardless of the cause.
In Las Vegas, if the drunk driver is insured, his/her insurance company will pay for the damages caused by accident up to the liability limit of the driver's policy. If the drunk driver does not have insurance or does not have enough insurance to cover the claim, your own insurance company may pay for damages - if you have uninsured motorist (UM) coverage.
How much will the insurance company pay?
Insurance companies will only pay according to the coverage schedule, and the liability limits underwritten in the insurance policy. The money that you will receive may not necessarily cover all medical bills and damage to property. Furthermore, young drivers who have low insurance coverage cause most accidents. When the drunk driver has no insurance, and your policy has no uninsured motorist (UM) coverage, you may not receive any money.
What happens to the drunk driver?
While drunk drivers face serious criminal charges and penalties, which include jail time and suspension of driving privileges, this may not be of any help for you when you have tens of thousands of dollars of medical bills, have lost your car, possibly your job, and your quality of life.
Civil suits for drunk driving
As a victim of a drunk driver, you have the right to file a civil suit against the driver to recover damages. In the case of a death, the lawsuit is filed by the victim's next of kin. The civil suit is completely separate from the criminal proceedings that the city or the state will seek against the driver.
NRS 41.133, "Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury." explains,"If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury."
Nevada law also allows suing the drunk driver for punitive damages. The statute NRS 42.010 states,"...the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant."
If you have been injured or lost a family member in a drunk driving accident and are planning to sue for injuries or wrongful death in a civil court, you need to hire a good trial car accident lawyer. We invite you to call us at 702-432-1000 to discuss your case.
We come to you
Our attorneys offer free consultations for victims of drunk driving accidents, in person, or by phone. If you cannot visit our offices because of your injuries, we can schedule a home or hospital visit for you. Call us at 702-432-1000 to schedule an appointment.
We understand you
At Heshmati & Associates, we understand the overwhelming pain and suffering a drunk driving accident can cause. This is why we spare no effort at aggressively defending your case to the fullest extent of the law.
We serve clients throughout Nevada and especially in Las Vegas, Henderson, Summerlin, North Las Vegas, Clark County.
We take all drunk driving accident cases on a contingency basis. This means - no recovery, no fee.
