Being injured by a drunk driver is one of the most devastating experiences a person can face -- because unlike other accidents, it was entirely preventable. Nevada has some of the strongest personal injury laws in the country for drunk driving victims, including the possibility of punitive damages on top of full compensatory damages. If you or a loved one were hit by a drunk driver in Las Vegas, here is what you need to know about your rights and the steps to protect your claim.
Critical deadline: Nevada's statute of limitations for personal injury claims is two years from the date of the accident under NRS 11.190. Do not wait -- evidence disappears, witnesses become unavailable, and insurance companies use delay against you.
In a standard car accident case, you must prove that the other driver was negligent. In a drunk driving accident, the driver's criminal conduct -- driving under the influence -- makes establishing liability significantly more straightforward. The DUI arrest, blood alcohol test results, and police report all become powerful evidence in your civil case.
Beyond that, Nevada law allows courts to award punitive damages in drunk driving cases under NRS 42.005. Punitive damages are separate from and in addition to your medical bills, lost wages, and pain and suffering. They are designed to punish egregious conduct and deter others. In drunk driving cases, Nevada courts have awarded substantial punitive damages when the driver's BAC was significantly above the legal limit or when the driver had prior DUI history.
As a victim of a drunk driving accident in Nevada, you may be entitled to recover:
Yes. A criminal DUI prosecution and a civil personal injury lawsuit are completely separate proceedings. The criminal case is brought by the state -- you are not a party to it. Your civil case is brought by you to recover compensation for your injuries and losses. A criminal conviction for DUI makes your civil case stronger, but you can pursue civil damages even if the criminal charges are reduced or dismissed.
Nevada requires all drivers to carry minimum liability insurance, but many drivers are uninsured or carry only minimum coverage that may not fully compensate serious injuries. Your own uninsured/underinsured motorist (UM/UIM) coverage can fill the gap. An experienced attorney will identify all available sources of recovery -- including dram shop liability if the drunk driver was overserved at a Las Vegas bar or casino.
Dram shop liability: Nevada's dram shop laws (NRS 41.1305) may allow you to hold a bar, restaurant, or casino liable for serving alcohol to a visibly intoxicated person who then caused your accident. This can significantly increase the total compensation available to you.
PRO LAW GROUP has represented personal injury victims in Las Vegas for over 25 years. If you were injured by a drunk driver, the consultation is free and there is no fee unless we recover for you. Contact us now or call (702) 474-0500 -- Monday through Thursday 8:30am-5pm, Friday 8:30am-3pm.