How are drunk driving accident lawsuits different? Drunk driving accident lawsuits differ from a simple fender bender because they typically involve more types of legal action and, in some cases, may lead to additional compensation. However, they can be harder to navigate if the at-fault party lacks insurance to cover your losses.
While in some states, it is possible to hold bars and restaurants accountable for a patron’s actions, that is not the case in Nevada, making the case more challenging. Speak with a Las Vegas drunk driving accident lawyer about your case today.
Criminal Charges Are Likely, But Not Enough
Unlike in most personal injury cases, drunk driving violations are a serious criminal offense, which often warrants charges. The police handle that part of the process, though you may be called as a witness in the case.
In a standard accident, the victim must prove that the driver was negligent. That means demonstrating that they owed you a duty of care, violated that duty, caused the accident, and that you suffered injuries as a direct result. In a civil lawsuit, the injured party must prove the driver’s negligence.
Keep in mind that the outcome of the criminal case does not automatically mean the at-fault driver must pay you what you claim. You must still document the fault and prove the driver is fully responsible. Your attorney will take steps to document your accident case fully in this way. Evidence of intoxication may make it more difficult for the insurer to dispute liability.
Different Types of Evidence in Drunk Driving Lawsuits
Another way that a drunk driving accident lawsuit differs is the evidence itself. In a traditional car accident, the evidence often comes down to what you say happened and what the other driver says occurred. Police and accident experts can iron out the disputes to some degree.
In a drunk driving case, the evidence often stems from the police officer’s actions at the scene, such as collecting breathalyzer data and administering field sobriety tests. Certified toxicology reports are also critical evidence in these cases and provide hard proof that the driver was impaired.
Drunk driving lawsuits can seem easier to prove, but that is not always the case. The at-fault party may employ various defense strategies to exclude critical evidence from the claim, and in some cases, they may succeed. That can make it harder to prove your case.
Punitive Damages in a Drunk Driving Lawsuit
Another way that drunk driving accidents differ is the higher potential of recovering punitive damages in the case than is likely to occur in a personal injury matter.
Punitive damages are not funds to reimburse you for losses but rather a form of punishment imposed on the driver for their egregious conduct that results in your injuries and losses.
This falls under NRS 42.010. In many Nevada cases, drunk driving is a type of egregious action, one that a person can easily recognize as being highly dangerous and reckless. As a result, you may be able to file a claim that incorporates those losses.
Punitive damages are not typically awarded in most other traditional personal injury lawsuits. When your attorney can demonstrate them, though, that can help you to recover additional funds to use to improve your future. You should not assume punitive damages will be available, but your attorney can offer insight into whether they are likely to be available to you.
The Impact of Dram Shop Laws
Many states have dram shop laws, which means it is possible to seek legal action for your losses if a licensed commercial vendor, such as a bar or casino, overserves an intoxicated driver who then goes on to cause your accident. Nevada does not impose civil dram shop liability on alcohol vendors.
Schedule a Free Consultation With a Drunk Driving Accident Lawyer
Before you take any step in a drunk driving accident, call H&P Law. Our drunk driving accident lawyer in Las Vegas will guide you in seeking full and fair compensation.
There is no risk to you. If we do not win your case, you pay us nothing for our legal fees.
