Can I sue a drunk driver that hit me? You can sue a drunk driver whose negligence caused you injury. In some situations, there may be other parties to hold accountable as well.
A Las Vegas drunk driving accident lawyer from H&P Law can present you with your options and handle all elements of your case.
How to Support a Claim Against the Drunk Driver
Taking care of your safety is the priority after any car accident. If you can’t move without hurting yourself, wait until emergency care arrives. Even if your injuries seem minor, calling law enforcement to the scene is extremely important after a drunk driving accident in Las Vegas.
Drunk driving is a crime. While criminal charges against the driver can provide evidence of the driver’s impairment, those charges cannot secure compensation for you. That happens through an injury claim. You’ll need to show that the drunk driver’s reckless or negligent vehicle operation, likely caused by the impaired state, caused the crash.
In their accident report, responding officers can document signs of the driver’s impairment and provide other details of what happened. H&P Law can use that report as evidence when you sue a drunk driver who hit you for damages.
Nevada Law Gives You the Right to Sue the Drunk Driver That Hit You
In no-fault states, you would first seek coverage for your losses through your own insurance. You may have grounds for a third-party lawsuit if your injuries are serious. Since Nevada is not a no-fault state for car accidents, you can sue a drunk driver who hit you.
Nevada’s comparative negligence laws, found in Nevada Revised Statutes (NRS) 41.141, establish specific eligibility. As long as you are not more than 50% to blame for the crash, you can seek damages. H&P Law can gather evidence to show the drunk driver is the one to blame and help you fight for justice.
What to Do if the Drunk Driver Doesn’t Have Insurance
You first seek compensation from the insurance company of the drunk driver that hit you. Nevada liability insurance requirements require all drivers to carry $25,000 per person and $50,000 per accident for third-party injuries. Unfortunately, not all drivers comply with this law. Though they may face penalties, those penalties don’t help if you are hit by someone with no car insurance.
H&P Law can help. You might have uninsured motorist (UM) insurance. We can review your policy. If the drunk driver has assets, you can sue the driver personally. Another driver or entity may have contributed to the crash, and we can work to build a claim against them. Our goal is to get you compensated for every loss you have sustained.
You May Have Grounds to Sue Alcohol Providers
Some states have “dram shop laws.” These laws allow drunk driving victims to pursue action against establishments that served the drivers to intoxication and didn’t stop them from driving. Nevada does not have such a law. In fact, NRS 41.1305 specifically removes liability from establishments serving patrons over age 21.
The exemption doesn’t necessarily apply if servers give or sell alcohol to someone they know is under age 21, or if they allow the minor to drink alcohol on their property. An attorney from H&P Law can determine how these laws pertain to your situation.
There is a Time Limit for Suing a Drunk Driver That Hit You
You have the right to sue a drunk driver that hit you, but NRS 11.190 limits the time you have to exercise that right by imposing a two-year statute of limitations. Many claims resolve through settlements. These are compensation agreements the opposing sides reach without going to court. The skilled attorneys at H&P Law will work to settle your claim without a trial.
Still, we build every claim as if it will proceed to trial. This way, if the other side is uncooperative or refuses to offer reasonable compensation, we will be ready to face them in court. We can take your case to court only if you filed your claim within that two-year deadline.
If you think you’ve missed the deadline, still reach out. Some cases allow for extensions, and you may still have the option of suing the drunk driver.
You Can Sue a Drunk Driver for Damages
H&P Law will work to hold the drunk driver accountable for damages. Damages typically include compensation for your economic losses and financial acknowledgment for your pain, suffering, and reduced enjoyment of life.
Medical costs, lost wages, property damage, and other incurred expenses count as economic losses. If you need ongoing care or cannot return to work, our team will factor your future needs and lost earning capacity into the compensation demand.
Under NRS 41.010, victims of injury caused by impaired drivers can sue for punitive, also called “exemplary,” damages. Along with compensatory damages, victims “may recover damages for the sake of example and by way of punishing the defendant.”
Criminal Charges Do Not Prevent You From Suing
The drunk driver may face criminal charges for violating Nevada’s impaired driving laws. You can still sue the driver for damages in civil court. The two court systems have separate purposes. A criminal conviction can help support your claim, but you can sue even if the driver avoids conviction.
The burden of proof in criminal court is “beyond a reasonable doubt,” and higher than the burden of proof in civil court. For your claim’s success, you need to show the driver’s negligence was more likely than not the cause of your crash, through a “preponderance of the evidence.” The team at H&P Law knows what evidence you need and how to find it.
We’ll Take Care of Your Legal Matters
You can sue a drunk driver who hit you, and H&P Law can lead that fight for you. Connect with our team for a free case consultation.
A Las Vegas drunk driving accident lawyer is ready to review your situation and help develop a strategy to get you compensated.
