Motor vehicle accidents can be stressful for anyone, but when you are injured in a collision caused by a drunk driver, the trauma may be far more severe. The feeling you experience when someone else’s decision to drink and drive permanently alters the course of your life is unimaginable.
A trial-proven Las Vegas drunk driving accident lawyer from H&P Law is here for you and ready to ensure the drunk driver is held accountable to the fullest extent of the law.
Our firm has 60+ years of trial experience, so you can feel empowered knowing our Las Vegas car accident lawyer is on your side. Our team will do everything possible to gather the evidence we need to establish the drunk driver’s liability for your injuries and resulting damages. Contact us to request a free consultation today and take back control of your future.
What Makes Drunk Driving a Challenging Case
Any type of injury case can be challenging, but in situations where a drunk driver is involved, numerous factors can make it more difficult for victims. Drunk driving is illegal, and that may lead one to believe this case should be an easy claim. Yet, consider some of the most common challenges that typically arise out of these cases.
- Fault: The drunk driver is likely at fault. However, there could be other parties at fault as well. If the driver was at a bar being over-served alcohol or at a home where the owners knew they were driving intoxicated, those other parties could also be liable.
- Insurance coverage: Some drivers may not have insurance coverage. Though it is the law to carry it in Nevada, some drivers get behind the wheel without coverage, which makes it more challenging for you to pursue fair compensation.
- Criminal charges do not help you: Even if that person goes to jail for their actions, this does not help you recover fair compensation in this case. You need to pursue a comprehensive personal injury claim.
- Fatalities: Many people involved in these accidents face incredible losses, including death. If your loved one died as a result of a drunk driver, you need an advocate readily available to fight for you.
- Proving intoxication: Often, police can determine if a driver was intoxicated through blood tests; however, this is not always the case. If it does not, but you suspect the driver was intoxicated, it becomes more challenging to prove your case.
In each of these situations, it becomes necessary for victims to prove that they are owed compensation from the at-fault party. Demonstrating fault is not always simple, but with our Las Vegas drunk driving accident lawyer by your side, you can expect to have the opportunity to fight aggressively. You can trust that our team will always remain by your side through this critical situation.
Drunk Drivers and Liable Parties Can Be Held Accountable
There are several ways your Las Vegas personal injury lawyer with H&P Law may be able to ensure drunk drivers and liable parties are brought to justice. First, we will see about filing an insurance claim. Nevada follows fault-based insurance laws as described under NRS § 485.185, so our claim will be against the drunk driver’s policy.
Do not be alarmed if their auto insurance provider argues that they are not required to pay out on your claim because the driver was intoxicated at the time of the accident. This is a common tactic insurance companies use to escape financial liability. After thoroughly reviewing the policy, we will have a clearer understanding of whether the driver’s insurance policy was active at the time of the accident.
With an insurance settlement, a portion of your damages may be covered by the insurance company. However, it is unlikely the insurer will pay for every single loss you suffered. For this reason, you should always prepare to move forward with a personal injury claim in civil court, where you will not face the same types of restrictions or limitations.
Drunk Driving is a Major Issue Across Las Vegas
The Las Vegas Metropolitan Police Department (LVMPD) reported that as of September 2024, the city has seen over 100 fatal car accident injuries. As described in the Nevada Office of Traffic Safety (OTS) 2023 Annual Report, there were a total of 560 DUI arrests that year. Interestingly, arrests involving cannabis and other drugs accounted for just under 47,000 of all citations issued in 2023.
With drunk driving being such a significant issue across the state, law enforcement officials are going to extraordinary lengths to hold drunk drivers accountable for their negligent actions.
The district attorney will determine whether criminal charges should apply. As described under NRS § 484C, the drunk driver who hit you could face jail time, fines, and other penalties in criminal court.
Your Las Vegas drunk driving accident attorney can advocate for your rights when you hold the at-fault party to account in civil court. The drunk driver can be held criminally accountable, and if your personal injury lawsuit against them is successful, you could recover full compensation for your damages.
Learn more about whether you have the necessary grounds to pursue a claim by contacting our office for a complimentary consultation.
Common Injuries in Drunk Driving Accidents
Drunk driving accidents are particularly challenging because the driver may strike you at a full rate of speed, head-on, or in another way that leads to serious injuries. It is not uncommon for these accidents to be fatal, and even when they are not, victims suffer profound implications to their quality and length of life.
Some of the most common injuries our drunk driving accident law firm often sees include:
- Traumatic brain injuries
- Paralysis from spinal cord damage
- Broken bones and complex fractures
- Disfigurement from scarring or burns
- Internal organ injuries resulting in organ failure and internal bleeding
- Lacerations impacting muscles and nerves
- Chronic pain development
- Loss of mobility without pain
Victims of drunk driving accidents also face a long, painful road to recovery from the psychological damage of these accidents. This can impact a person’s mental health and emotional well-being for decades. In every situation, it is essential for victims to recognize all of the losses they have and what those losses could mean for their future.
The Impact Injuries have on Your Case
Drunk driving accidents are some of the most ruthless because it is very clear that the person behind the wheel took other people’s lives for granted. The injuries caused are often profound, with an impact on mental, physical, and financial well-being for years. If you have complicated injuries, you may need extensive support for years to come, including:
- Ongoing medical care
- In-home support for daily tasks
- Ongoing emotional trauma treatment
- Support for being unable to work the same job
- Future medical complications
Winning your case to recover compensation to cover the costs of these and other losses becomes imperative. With the guidance of a skilled legal team from our firm, you can pursue a maximum compensation claim that allows you to recover the financial support you likely need. If you are unsure of the value of your case, speak to a drunk driving accident lawyer in Las Vegas for immediate help.
Your Injuries Do Not Need to Be Catastrophic
After being involved in a drunk driving accident, you may wonder whether you have the right to file a claim. After all, your injuries are not catastrophic or life-threatening. However, the type of injury you suffered does not necessarily determine whether you can sue for damages.
If your life has been dramatically affected by or is expected to continue to be affected by the injuries you sustained in the drunk driving accident, your Las Vegas catastrophic injury lawyer can demand justice through an insurance claim, at trial, or both.
The severity of your injuries is what will determine how much compensation you should be awarded. We have helped drunk driving accident victims who dealt with traumatic brain injuries, third-degree burns, spinal cord injuries, post-traumatic stress disorder (PTSD), and more.
If possible, keep a detailed journal that discusses how the accident is affecting your life on a day-to-day basis. We will need to prove the extent of your injuries, and sometimes, medical records may not be enough. With your personal journal entries, we can establish how profoundly your life has been impacted by your drunk driving accident.
H&P Law Can Help You Maximize Your Financial Compensation
There is no loss that you should not be able to recover as part of your drunk driving accident claim. If a drunk driver caused your collision, they should be expected to compensate you in full.
Examples of damages that could be paid out in Las Vegas DUI accidents include:
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish and emotional distress
- Lost wages, reduced earning potential, and lost employee benefits
- Embarrassment, shame, and indignity
- Fear, anticipation, and shock
- Loss of household services
- Medical expenses and future healthcare costs
- Personal property damages, including vehicle repairs
It is also possible that punitive damages could be issued as part of your drunk driving accident settlement. However, the judge must find the defendant’s conduct rises to the level of “oppression, fraud, or malice,” as described under NRS § 42.005.
These are typically designed to punish offenders and warn others that these actions are intolerable, not to award injury victims. Review our frequently asked questions for more information.
The Complications of Uninsured Drunk Drivers in Accidents
A person gets behind the wheel intoxicated, without the legally required insurance to cover the losses others suffer, and with no obligation to safely drive home. This puts you at risk, and it changes the course of your life when they hurt you in an accident. Then you find out that the driver is uninsured, and it is easy to become even further overwhelmed and worried about how these losses will be paid.
In Las Vegas and the surrounding areas, many drivers purchase uninsured or underinsured motorist coverage, a type of policy in which you file a claim with your own insurance company, even if the other party is to blame. This allows you to prove your losses to your own agency and recover them up to the amount allowable on the policy you purchased. This can help you to cover some of those losses.
Uninsured drunk drivers are not uncommon, but filing a claim with your own insurance company can also be complex. We do not suggest doing so without the legal guidance and support of an attorney who is aggressively working to protect your rights.
Expect our Las Vegas drunk driving accident lawyer to do just that, as shown by our case results.
Filing a Lawsuit May Be Necessary
If you have extensive losses beyond your own coverage, it is possible to file a lawsuit against the at-fault party and try to recover their assets. This means filing a personal injury lawsuit with the help of a Las Vegas wrongful death lawyer in court and having the court force the individual to pay for your losses.
Though aggressive, this is your right if you are hurt due to their negligence behind the wheel. Let us help you with the process.
Connect with a Drunk Driving Accident Lawyer in Las Vegas for Help Today
Your life may continue to be affected by the trauma of your drunk driving accident for years to come. Do not get stuck covering the costs when you are already plagued by extreme emotional distress and devastating injuries. Have a respected drunk driving accident attorney in Las Vegas from H&P Law advocate for your right to maximum compensation.
Having successfully recovered millions of dollars in damages and settlements for our clients over the years, we know what it takes to build a powerful case against the liable party.
Let us put our legal resources and insight to work for you during some of the most difficult times in your life. Fill out our secure contact form or call our office to schedule your no-cost, risk-free consultation as soon as today.
