What do I do after a drunk driving accident in Las Vegas? After an accident with a drunk driver, pull to the side of the road, call 911, and tend to your injuries before anything else. When it is safe to do so, get to safety and begin documenting the accident scene, following all instructions from the dispatcher.
If you can safely do so, take additional steps to protect your right to seek legal action later, including taking photos and documenting the details of the incident. Be sure to get to a hospital and turn to a Las Vegas drunk driving accident lawyer for immediate care.
Avoid Conflict and Tend to Injuries First
Your injuries and safety are always a priority in a drunk driving accident in Las Vegas, so you should focus first on getting to safety and receiving medical care at your location. There are several other tips to keep in mind in the immediate aftermath:
- Pay close attention to the other driver‘s actions. Do not accuse anyone or make any statements that could later hurt your case.
- Wait for the police to arrive to handle the other driver. If the driver is unwilling to wait for the police, record the interaction on your phone.
- If you can provide help to someone else involved in the accident with serious injuries, do so. It will not hurt your case or claim if you help others in need.
When the police arrive, provide clear information about what occurred and what you experienced. Avoid statements that are misleading or vague. The police will determine if alcohol was a factor after interviewing the other driver. If you saw swerving or alcohol at the scene, make sure to state that information, especially when you speak with a Las Vegas car accident lawyer.
Document as Much of the Accident as Possible
When you can do so without putting yourself or anyone else at risk, document the scene of the Las Vegas drunk driving accident. This information can become helpful to you later when you need to file a claim against the at-fault party:
- Take photos of the damage to both vehicles. Make sure to incorporate any debris in the roadway.
- Take photos of your injuries and any other person’s injuries in your vehicle.
- Use a video to capture the layout of the area, including where the incident took place, the positions of the vehicles, and any other relevant details.
- If you see alcohol bottles or beer cans, try to take photos of them, especially if they are within sight of your vehicle.
- Ask any witnesses at the scene to provide their names and contact information to you. You can also ask them for a statement.
Taking these steps allows you to capture valuable information that your attorney can use later to build your case. If there is a question about fault, these photos work to demonstrate what really happened. Accident reconstruction professionals can then use these details to prove your rights.
Get Medical Care Immediately
Do not wait a day or a few hours. Instead, go to the hospital immediately for care. This helps demonstrate that the injuries you have are from the accident and, therefore, the responsibility of the at-fault party.
Tell the emergency room what happened, including the severity of the impact. Allow them to run tests to determine if you have hidden injuries, such as concussions, internal bleeding, or whiplash. Follow their instructions for treatment, hospitalization, and immediate care recommendations.
Follow all of the doctor’s orders after that point as well. Complete treatment, attend your follow-up appointments, and consider the supportive rehabilitation recommended for you. You may also benefit from mental health support at this time.
Speak to an Attorney About Your Accident
At this point, it is wise to hire a drunk driving accident lawyer in Las Vegas to help you with your case and claim. An attorney will handle most of the complicated steps of this case, including seeking action against any other party involved. There are several steps your lawyer will take:
- Seek clarification on all of the losses you have, including medical costs, loss of income, and pain and suffering. Your attorney documents this with evidence, making sure it is clear how much the insurance company should pay you for your losses.
- File a claim on your behalf and negotiate. If the drunk driver has insurance, your attorney will file a claim with that insurance company for the losses you have. That includes negotiating a fair settlement on your behalf.
- Seek a claim with your insurance company. If you have uninsured or underinsured coverage, it may help to cover gaps if the drunk driver failed to maintain insurance or did not have enough to cover your losses.
- Go to court when it is necessary to do so. In rare cases, your attorney may need to file a lawsuit against those at fault to pursue assets to pay for any losses you have.
Drunk driving accidents in Las Vegas happen very often, especially because there are no dram shop laws in the state. That means you can only seek a claim against the person who caused your accident and the applicable policies. Because that can be challenging, especially if the driver is a repeat offender, having an attorney to guide you becomes essential.
Work Within the Statute of Limitations
The statute of limitations (NRS 11.190(4)(e)) for car accident claims in Nevada is two years from the date of the accident. That means you must file a claim or a lawsuit within that period of time, or the court will not hear your case. It is always wise to hire an attorney as soon as possible and not to wait too long to take legal action.
Your Las Vegas personal injury lawyer helps minimize the risk of filing too soon, missing critical claim value, or being pushed around by the insurance company.
Schedule a Free Consultation with a Drunk Driving Accident Lawyer in Las Vegas
At H&P Law, we know a Las Vegas drunk driving accident is a challenging case, and we know how hard it is for you to pursue fair treatment. Set up a free consultation with our drunk driving accident lawyer in Las Vegas to discuss your case today.
