When a drunk driving accident occurs in Las Vegas, the consequences can be devastating. Lives are lost or forever changed in an instant due to the irresponsible choices of an intoxicated driver. At Jack Bernstein Injury Lawyers, our team of automobile accident lawyers are dedicated to holding these individuals accountable and securing the justice and compensation for victims and their families.
Understanding Drunk Driving Accidents
Drunk driving accidents are tragically common and particularly destructive. Unlike other traffic accidents that might result from simple human error, these incidents are entirely preventable and are the result of a driver’s conscious decision to get behind the wheel while impaired. In Nevada, driving under the influence (DUI) is a criminal offense and carries severe penalties. However, the legal consequences for the drunk driver often do little to alleviate the physical, emotional, and financial burden faced by victims.
Common Injuries in Drunk Driving Accidents
Drunk driving accidents often lead to serious injuries due to the impaired driver’s reckless behavior. Victims may suffer from a wide range of physical trauma, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Snapped bones
- Internal injuries
- Cuts and lacerations
- Whiplash
In addition to physical injuries, many victims experience long-lasting psychological effects such as post-traumatic stress disorder (PTSD) and anxiety. Recovery can be extensive and costly—often requiring surgery, therapy, rehabilitation, and significant time away from work.
Given the devastating impact of these accidents, the next critical step is understanding who can be held liable and how to pursue rightful compensation.
Liability in Drunk Driving Accidents
Identifying the liable parties in a drunk driving accident is crucial for securing compensation. Naturally, the drunk driver is often held accountable for the crash. However, there are instances where other parties can be held liable as well. For example, under Nevada’s Dram Shop laws, businesses that sell alcohol to visibly intoxicated individuals or minors can also be held responsible if that person subsequently causes a drunk driving accident.
Furthermore, in certain situations, social hosts who provide alcohol at an event can bear some responsibility if an intoxicated guest causes an accident. Understanding these intricacies of Nevada law is vital in ensuring all liable parties are held accountable.
What To Do After a Drunk Driving Accident
After being involved in a drunk driving accident, it’s crucial to take immediate action to protect your health, rights, and potential legal claim:
- Seek medical attention: Even if you feel fine, a thorough medical evaluation is essential, as some injuries may take hours or days to show symptoms.
- Contact law enforcement: A police report is critical in documenting the incident and may serve as key evidence in your case, especially if the driver was impaired.
- Document the incident: Take photographs or video of the accident scene, vehicle damage, road conditions, and any visible injuries. Collect contact and insurance information from all involved parties and witnesses.
- Avoid discussing fault: Refrain from making statements that could be interpreted as an admission of guilt. Stick to the facts when speaking with others on the scene.
- Contact a personal injury lawyer: An experienced attorney can help preserve evidence, deal with insurance companies, and advocate for the full compensation you deserve.
How Jack Bernstein Injury Lawyers Can Help
At Jack Bernstein Injury Lawyers, we understand the complexities of accident cases involving drunk drivers and are committed to securing justice for our clients. Our dedicated team can:
- Investigate the accident and gather evidence to establish liability
- Work with medical experts to understand the full extent of your injuries and the cost of your future medical needs
- Negotiate with insurance companies to seek a fair settlement
- Advocate for you in court, if necessary, to ensure you receive the compensation you deserve
Drunk Driving Accident Claims and Compensation
Victims of drunk driving accidents may be entitled to various forms of compensation, depending on the specifics of the case. The types of compensation typically available include:
- Economic Damages: These are measurable losses, such as medical expenses, lost wages, and property damage.
- Non-Economic Damages: These damages address subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: Since drunk driving is considered a criminal act, victims may be entitled to punitive damages designed to punish the at-fault driver and deter similar behavior.
Establishing the value of your claim requires thorough documentation of your losses. This process can be complex, but our law firm is here to assist you in gathering the necessary evidence and advocating for fair compensation for your damages.
Las Vegas Drunk Driving Lawsuit FAQs
Yes, even if the drunk driver had no insurance, you still have options. You could potentially make a claim against your own uninsured motorist coverage, if you have it. Our law firm can help explore all avenues of compensation.
Generally, if you’re not at fault for the accident, it should not increase your insurance rates. However, every insurance policy is different, and it’s best to consult with your insurance company or a knowledgeable attorney.
Hit-and-run accidents, even those involving drunk drivers, can complicate your claim. However, it’s crucial to report the accident to the police and your insurance company. You can also seek legal assistance to explore your options for compensation.
Evidence such as police reports, witness testimonies, and breathalyzer or other chemical tests can help prove that the other driver was intoxicated. A skilled attorney can help gather and present this evidence.
In Nevada, the statute of limitations for personal injury cases, including drunk driving accidents, is generally two years from the date of the accident. It’s crucial to start the legal process as soon as possible to preserve evidence and witness testimony.
An attorney can gather evidence, deal with insurance companies, establish the drunk driver’s fault, and fight for fair compensation on your behalf. They can also represent you in court if necessary.
In some cases, yes. Nevada’s Dram Shop laws hold businesses accountable for injuries caused by patrons who were overserved alcohol. However, proving this liability can be challenging, and it’s best to consult with a knowledgeable attorney.
Punitive damages are awarded to punish the at-fault party for particularly reckless or negligent behavior, like drunk driving, and to deter others from similar conduct. They are awarded in addition to compensatory damages.
If the drunk driver was underage, you may still be able to file a claim against their parents’ insurance, the establishment that provided the alcohol, or other parties. An experienced attorney can help you understand and navigate these complex legal issues.
Yes, Nevada follows a modified comparative negligence rule. This means that you can recover damages in an accident as long as you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.
Contact Us for a Free Consultation
Choosing the right Las Vegas personal injury attorney is a critical decision that could significantly impact your recovery process and your life. At Jack Bernstein Injury Lawyers, we’re committed to helping Las Vegas residents recover the compensation they deserve from accidents caused by drunk drivers. Contact us today for a free consultation. Jack’s Got Your Back!
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
