If a drunk motorist is speeding, engaged in distracted driving, or committing other negligent acts, they can cause an accident that leaves you injured and with property damage. Following such an incident, you can hold the at-fault party liable for the harm they’ve caused. Start by speaking with a drunk driving accident lawyer in Las Vegas, and they can explain your legal options.
H&P Law is a Nevada personal injury law firm with more than 60 years of combined experience on our legal team. Our car accident lawyers in Las Vegas want you to focus on your recovery from your auto crash involving a drunk driver. As you do, we can pursue compensatory damages for you through an insurance claim or a lawsuit.
In your drunk driving accident case, our team will do everything possible to gather the evidence we need to establish liability for your injuries and resulting damages. Contact us to request a free consultation today.
We Can Work to Maximize Your Financial Compensation in Your Drunk Driving Accident Case in Las Vegas
A drunk driving accident lawyer in Las Vegas from H&P Law wants you to recover economic and non-economic damages from anyone liable for your auto crash and injuries. Some of the types of damages we can request on your behalf include:
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish and emotional distress
- Lost wages
- Reduced earning potential
- 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 motor vehicle repairs
A Las Vegas personal injury lawyer from H&P Law can analyze your tangible and intangible accident losses and estimate your case’s value. From here, we can prepare an argument designed to illustrate to a judge or jury how you were harmed due to someone else’s negligence and deserve to be compensated accordingly.
What is a Las Vegas, NV Drunk Driving Accident Case Worth?
The financial compensation you can receive in a drunk driving car accident case depends on the severity of your injuries, degree of fault, and other factors. Sometimes, a person injured by a driver who violated Nevada’s driving under the influence (DUI) laws may be eligible to seek punitive damages in addition to compensatory damages.
Under Nevada law, a person injured by a driver who violates certain DUI statutes after willfully consuming alcohol or another substance may be eligible to seek punitive damages in addition to compensatory damages. Whether punitive damages are available depends on the circumstances and the applicable statutory requirements.
Our Role in Insurance Company Negotiations in Drunk Driving Accident Claims in Las Vegas
At H&P Law, our drunk driving accident attorney in Las Vegas will put together an evidence-backed claim, handle your settlement negotiations with a liable party’s insurance company, and make it tough for this insurer to deny fault or contest your losses.
Our Las Vegas car accident lawyers will address any concerns you have about whether your insurance will go up if a drunk driver hits you and other case topics. Along with this, we will continue to treat your case as if we will go in front of a judge or jury. That way, if a trial is needed, we’re ready to help you file your lawsuit and argue your case for damages in court.
How Much Time Do You Have to File a Drunk Driving Accident Lawsuit in Las Vegas?
Based on Nevada Revised Statutes (NRS) 11.190, if you want to sue for injuries or a wrongful death relating to an accident involving a drunk driver, you’re generally subject to a two-year statute of limitations. Exceptions can apply for cases in which the plaintiff seeks only compensation for property damage or those involving government entities.
Under NRS 41.085, the surviving heir or personal representative of the estate of a deceased person (decedent) is eligible to seek compensatory damages through a wrongful death fatal drunk driving accident lawsuit.
A Las Vegas drunk driving accident lawyer from H&P Law can teach you about Nevada’s statute of limitations that applies to your case. We can file your lawsuit and collect evidence to show a judge or jury why any at-fault parties should compensate you for your accident losses.
Evidence and Liability in Las Vegas Drunk Driving Accident Cases
The drunk driving accident lawyers in Las Vegas from H&P Law will search extensively for evidence to use in your argument. Evidence that we can utilize if we present your case to a judge or jury includes:
- A driver’s blood alcohol concentration (BAC) level at the time of your accident
- Traffic camera footage or surveillance footage of your accident
- Photos of vehicle damage, skid marks, or other parts of the accident scene
- Witness statements
- Police reports
- Accident reconstruction reports
- Medical records
- Pay stubs
Turn to our car accident attorneys for hands-on support with evidence collection. Our lawyers will account for the preponderance of the evidence and what it will take to prove that a liable party acted negligently and should pay damages.
What to Expect During Your Legal Proceedings
Expect a complicated process to recover damages in your drunk driving accident case. A Las Vegas drunk driving accident attorney from H&P Law wants to take the guesswork out of your legal proceedings. As part of our efforts to help you with your case, we want you to consider what this process typically entails:
- Notifying insurance companies about your accident. You may need to notify your car insurance company about your accident, depending on your policy requirements. It may also be necessary for you or your attorney to notify the at-fault motorist’s insurer and submit a claim.
- Investigating your losses and building your claim. Our legal team works to build a claim based on the evidence of what occurred. We will document all losses, talk with your doctor, and gather evidence to support your claim.
- Presenting your claim to the liable party’s insurance company. We will demand payment from the liable party’s insurance company for your accident losses. Insurance settlement negotiations may follow, and we will work to protect your right to fair compensation as these progress.
- Filing a claim under your underinsured motorist (UIM) coverage. If you have applicable underinsured motorist coverage, you may be able to submit a claim under your policy when the at-fault driver’s liability coverage is insufficient to cover your losses. Your coverage will depend on your policy’s terms and the details of your accident.
- Seeking criminal charges against the at-fault party. Depending on the situation, the Las Vegas Metropolitan Police Department (LVMPD) or Nevada Highway Patrol (NHP) can investigate your crash, and the Clark County District Attorney’s Office or local prosecutors could seek criminal charges against the at-fault party.
- Going to court. If a liable party’s insurance company is unwilling to offer you a reasonable settlement, we will bring your case to court. At this point, the court will assess civil responsibilities and whether you should receive damages.
As your legal advocates, our personal injury attorneys are committed to you and your case, and we will fight for justice and compensation against anyone at fault for your drunk driving collision and injuries.
Who Can Be at Fault for a Drunk Driving Crash in Las Vegas?
A drunk driver can be at fault for your crash. In some instances, other parties, such as an employer or vehicle owner, can also bear responsibility. Nevada generally does not impose civil liability on alcohol providers for injuries caused by an adult who consumes the alcohol. Yet, NRS 41.1305 provides a limited exception for conduct involving underage individuals,
Trust a drunk driving collision lawyer in Las Vegas from H&P Law to review video footage of your car crash, interview witnesses who saw the incident, and do other things to investigate your case. Next, our attorney can let you know whether you can sue a drunk driver or other at-fault parties for damages.
What Modified Comparative Negligence Means in a Drunk Driving Collision Case in Las Vegas
Per NRS 41.141, Nevada follows a modified comparative negligence rule that dictates how financial compensation is handled when more than one person shares the blame for a drunk driving collision.
Under Nevada’s modified comparative negligence rule, you may recover damages if your negligence is not greater than the negligence of the defendant or the combined negligence of the defendants against whom you seek recovery. Any recovery is reduced by your percentage of fault.
The drunk driving crash lawyers in Las Vegas at H&P Law can give you information about Nevada’s comparative negligence statute and how it can impact your case outcome. We can craft an argument that helps show a judge or jury that another party is responsible for your crash and, as such, should compensate you for the harm they’ve caused.
What Makes It Tough to Prove Negligence in a Drunk Driving Crash Case in Las Vegas?
Proving negligence for a Las Vegas drunk driving crash can be tough because showing that a motorist was intoxicated doesn’t automatically mean that they are responsible for the incident and your associated losses. The Las Vegas drunk driving crash attorneys at H&P Law want to help you overcome various legal challenges in your case, such as:
- Fault: Establishing liability requires evidence connecting a party’s conduct to the crash and resulting injuries. Although an intoxicated driver may be liable, other parties may also bear responsibility if the facts support a recognized legal basis for their liability.
- Insurance coverage: In alignment with NRS 485.185, Nevada drivers are required to carry minimum liability insurance with limits of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $20,000 for property damage per accident. Regardless, if a drunk driver doesn’t have sufficient insurance coverage, it can be difficult to get compensation for your accident losses from their insurance company.
- Criminal charges: Unfortunately, even if a person goes to jail for their actions that led to your drunk driving crash, this will not necessarily help you recover compensation.
- Fatalities: Sadly, you can lose a family member in a fatal accident caused by an intoxicated driver. If your loved one died in such an incident, our empathetic and compassionate lawyers may advise you to file a wrongful death claim or sue for wrongful death.
- Proving intoxication: Often, the LVMPD or NHP can determine if a driver was intoxicated through blood tests, urine tests, breathalyzer tests, or field sobriety tests. However, these tests can be flawed, and if they don’t show that a driver was intoxicated, it can be challenging to prove that a motorist was intoxicated when the crash occurred.
Our Las Vegas car accident lawyers ensure you don’t have to deal with these and other legal challenges alone. We want you to prioritize your recovery from your auto accident and injuries. As you do, we will explore many legal avenues as we try to position you to get compensation for your accident losses.
Drunk Driving is a Major Issue Across Clark County
According to Healthy Southern Nevada, 390 alcohol-impaired driving deaths were reported in Clark County from 2020 to 2024. It also noted that Clark County ranks in the second-worst 25% of Nevada counties and the second-worst 25% of U.S. counties for alcohol-impaired driving deaths.
Per the Nevada Crash Data Dashboard, 78 impaired driving fatal crashes were recorded in Las Vegas over a recent four-year period. In addition, 83 impaired driving fatalities were reported in Las Vegas during this time frame.
The team at H&P Law understands how common drunk driving accidents are in Las Vegas and its surrounding communities. In the aftermath of a car crash involving an intoxicated motorist, we encourage you to consult with our Las Vegas drunk driving collision lawyers. We can help you decide whether now is the time to proceed with a claim or lawsuit against any liable parties.
Where Do Drunk Driving Accidents Happen in Las Vegas?
In terms of where most drunk driving accidents happen in Las Vegas, these incidents occur all over the city, with a high concentration on major arterial corridors, heavy-volume intersections, and nightlife-heavy areas. Data from the Clark County Office of Traffic Safety and LVMPD suggest drunk driving crashes frequently occur on these Las Vegas intersections and roads:
- Flamingo Road and Rainbow Boulevard
- Eastern Avenue and Sahara Avenue
- Charleston Boulevard and Lamb Boulevard
- Jones Boulevard and Tropicana Avenue
- Maryland Parkway and Sahara Avenue
- Sahara Avenue and Decatur Boulevard
- The Las Vegas Strip
- Interstate 15 (I-15)
- Frank Sinatra Drive
- Blue Diamond Road
The Las Vegas, Nevada drunk driving accident lawyers at H&P Law offer legal services and support to individuals injured in auto crashes that take place at these locations and others. If you want to file a claim or lawsuit against an intoxicated motorist or another party liable for your accident, we can guide you through the process of doing so.
Common Injuries in Drunk Driving Accidents
Drunk driving accidents can result in severe, life-altering injuries due to high speeds, delayed braking reaction times, and lack of defensive maneuvers. Below are common injuries reported in intoxicated driving accidents:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Whiplash
- Paralysis
- 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
The Las Vegas, Nevada drunk driving accident attorneys at H&P Law want you to get medical treatment for your injuries. We encourage you to track your medical costs for the duration of your case. This helps us utilize your medical bills as evidence, strengthening your case for compensatory damages.
What Impact Do Your Injuries Have on Your Las Vegas Drunk Driving Collision Case?
The injuries you experience from a Las Vegas drunk driving collision can impact your mental, physical, and financial well-being. If you have complicated accident injuries, you may need extensive medical support, including:
- Ongoing medical care
- In-home support for daily tasks
- Ongoing emotional trauma treatment
- Support for being unable to work the same job you had before your accident
With help from the legal team at H&P Law, you can pursue compensation for these and other medical expenses you incur due to your injuries. Of course, if you are unsure of the value of your case, our Las Vegas, Nevada drunk driving collision lawyers can examine your losses and help you request compensation before the window in which you’re allowed to do so closes.
Your Drunk Driving Accident Injuries Don’t Have to Be Catastrophic
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, the Las Vegas catastrophic injury lawyers at H&P Law can demand justice through an insurance claim, at trial, or both.
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 other physical, emotional, and mental harm due to others’ negligence.
If you file a drunk driving crash claim or lawsuit, our car accident attorneys want you to keep a detailed journal that discusses how the incident is affecting your life on a day-to-day basis. With your personal journal entries, we will be well-equipped to establish how profoundly your life has been impacted by your drunk driving accident and injuries.
Definition of Drunk Driving in Las Vegas
In Las Vegas, drunk driving is referred to as driving under the influence (DUI) under NRS Chapter 484C. A person can be charged with DUI if they drive or are in actual physical control of a vehicle while impaired by alcohol, prescription drugs, or illegal substances.
Based on NRS 484C.110, for most adult drivers in Nevada, the BAC limit is 0.08% or higher. For the drivers of commercial vehicles, the BAC limit is 0.04% or higher. Meanwhile, it is illegal for a motorist under 21 to operate a vehicle with a BAC of 0.02% or higher.
The H&P Law team offers FAQs and other legal resources relating to drunk driving car accidents. By doing so, we can help you make informed decisions at each stage of your drunk driving accident claim or lawsuit.
Get Legal Help from Our Las Vegas, NV, Drunk Driving Accident Lawyers
Remember, if you are involved in an auto accident with an intoxicated motorist and someone else is liable, you can request compensation for your losses from the incident through an insurance claim or a lawsuit. To do so, meet with Las Vegas, NV drunk driving accident attorneys, and they can assist you with your legal matters.
H&P Law is a highly rated courtroom-proven and client-praised Nevada personal injury law firm. We have recovered millions of dollars in damages and settlements for our clients over the years, and we know what it takes to build a powerful case against anyone liable for a drunk driving accident.
Let us put our legal resources and insight to work for you as you move forward with a drunk driving crash claim or lawsuit. To get started, schedule a no-cost, risk-free case consultation with our team.
