Las Vegas Drunk Driver Accident Attorney

Drunk Driving Statistics in Nevada

According to a three-year study from BuyAutoInsurance.com, Las Vegas ranks as the nation’s worst city for DUI arrests. DUI arrests per 100,000 residents is 1,986, and the annual rate for DUI arrests is 4,311.

Las Vegas is also known for its vibrant nightlife and entertainment, but unfortunately, this also leads to a higher incidence of drunk driving accidents. Because many Las Vegas establishments serve alcohol 24/7, it means you could be the victim of a drunk driving accident in broad daylight. People spend all night in casinos and bars and get behind the wheel to drive home while others are commuting to work.

As a whole, Nevada also struggles with rising rates of DUI-related fatalities involving drivers under 21 years of age. According to Responsibility.org, between 2010 and 2019, there’s been a 35.7% rise in alcohol-impaired fatalities involving drivers under 21.

Understanding Nevada’s Drunk Driving Laws

Nevada law prohibits driving under the influence of alcohol or controlled substances. According to Nevada law, a driver is considered under the influence if their blood alcohol content (BAC) is 0.08 or higher. Drunk drivers can face criminal charges and be held accountable in civil cases.

Nevada also has something called the “Nevada DUI 2-hour rule.” This portion of the law states that someone who has a BAC over the legal limit within two hours of operating a motor vehicle could be charged with a DUI. Consider an accident with someone you suspect was driving under the influence and left the scene before the police arrived. If the police do a test within two hours and the person is still above the BAC, they can still be charged with a DUI, along with fleeing the scene.

Someone who is driving under the influence and causes substantial bodily harm or death will undoubtedly face prison time, too. Nevada considers this a Class B felony, which means a minimum sentence of two years and a maximum sentence of 20 years.

Pursuing a Civil Claim Against a Drunk Driver

Victims of drunk driving accidents in Nevada have the right to seek compensation through civil litigation. Initiating a personal injury claim is necessary to recover compensation for your medical expenses, lost wages, pain and suffering, and other losses. That’s where a drunk driver accident lawyer at Friedman Injury Law can help.

Statute of Limitations for Drunk Driving Accident Claims

In Nevada, you typically have two years from the date of the accident to file a civil claim for injuries sustained in a drunk driving accident. Missing this deadline can jeopardize your case, so it is crucial to act promptly. If you try to file past the deadline, the court will likely dismiss your case. When you hire a Las Vegas drunk driver accident lawyer, we’ll ensure prompt filing of your case, and you won’t miss any deadlines.

Types of Damages Recoverable in a Drunk Driver Accident

Victims of drunk driving accidents may be eligible for various types of compensation. Every case is different, but the most common types of compensation include:

• • Medical expenses, including compensation for future expected medical costs;

• • Lost wages, including future loss of earning capacity;

• • Property damage;

• • Physical pain and suffering; and

• • Mental and emotional suffering.

In some instances, you might also be eligible for punitive damages. The court sometimes awards punitive damages in a drunk driving accident.

Common Injuries in DUI Accidents

Drunk driving accidents can result in a range of injuries, from minor to catastrophic. Some of the most common injuries in drunk driving accidents include:

• • Head and brain injuries,

• • Broken or fractured bones,

• • Lacerations,

• • Whiplash and other soft tissue injuries,

• • Spinal cord injuries,

• • Herniated discs,

• • Burns, and

• • Internal bleeding and organ damage.

Regardless of the severity of your injuries, you might be eligible for compensation from the drunk driver’s insurance company. At Friedman Injury Law, we have experience handling a wide range of drunk driving injury claims. We know how to hold drunk drivers accountable and how to fight for the maximum compensation possible.

Does Nevada Have a Dram Shop Law?

Nevada does not have a standardized dram shop law. Some states have dram shop laws that allow injured victims to pursue compensation from bars, restaurants, and liquor stores—anywhere with a liquor license that sold or served the at-fault driver. In Nevada, your avenue of recovery is primarily limited to the drunk driver.

However, some scenarios might allow you to pursue a claim against another party. For example, social hosts who serve or allow minors to consume alcohol on the adult’s property. Another potential scenario is an individual or business that provides alcohol to someone under 21. Note: businesses with licenses to sell, serve, or furnish alcohol are exempt from this social host liability.

Please Contact a Las Vegas Drunk Driver Accident Attorney

If you have questions about pursuing a claim against a drunk driver, Friedman Injury Law can answer them, including how to establish liability and what your potential case is worth.

Dealing with the aftermath of a drunk driving accident can be overwhelming. We prioritize providing compassionate, effective legal representation to fight for the justice you deserve. We have a proven record of success in Las Vegas, representing injured accident victims, including in drunk driving collisions. Contact us today for a free consultation to discuss your case and explore your legal options.