If a drunk driver crashes their vehicle into yours, you can hold them accountable for their actions. These drivers are likely to face criminal charges and be responsible for paying you for the losses you suffered because of them. A drunk driving accident lawyer in Summerlin can guide you through the legal process and provide compassionate support during this difficult time.
H&P Law is a Nevada personal injury law firm with more than six decades of combined legal experience amongst our staff. Our team is skilled at handling drunk driving cases and getting justice for victims and their families. Throughout your case, a Summerlin car accident lawyer will serve as your legal advocate and representative. Contact us today for more information about your rights and how to proceed.
Prioritize Your Safety and Claim After a Drunk Driving Accident
Drunk driving accidents have the potential to be tragic and cause immense pain and suffering. Impaired drivers often lack reactivity, judgment, and body coordination, which can cause them to drift into other lanes of traffic or run stop signs or lights. If you’ve been hurt by one of these dangerous drivers, you should implement measures that will protect you and your claim as much as possible.
Ensure that you and the other driver are safe after an accident and contact 911. Paramedics can administer initial treatment, and law enforcement can document the scene and fill out a police report. Be sure to request a copy of the police report for your records. As soon as you are able, you should also receive a full medical examination by a doctor to determine the extent and severity of your injuries.
Gathering evidence early can also help you when filing a claim. Aside from the police report and medical records, take pictures of the scene of the accident, your injuries, and any other relevant information that indicates what happened. If witnesses were present during the collision, ask for their contact details and statements. You should also exchange insurance information and hire a Summerlin personal injury lawyer to help file your claim.
Drunk Driving Threatens Driver Safety
The National Highway Traffic Safety Administration (NHTSA) estimates that 34 people die every day due to drunk driving in the U.S. The most recent data shows there were 12,429 deaths in a span of one year. An estimated 30% of traffic fatalities involve drivers who have a BAC of .08% and above. Young adults and underage individuals are particularly vulnerable to drunk driving accidents and fatalities.
Furthermore, Nevada’s Zero Fatalities data reported 184 fatalities caused by drunk driving in its most recent data report. Of those, 121 fatalities occurred in Clark County alone, the highest out of all counties in the state. Given Summerlin and Las Vegas’ presence within the county, it is unsurprising that these numbers are elevated.
National and state drunk driving statistics highlight the seriousness of this problem and the dangers it poses to motorists throughout the county, state, and beyond. Each life lost is a tragedy, and drunk drivers can face serious penalties for driving after consuming alcohol. They may also be forced to pay you and your family restitution for the harm they caused because of their actions.
Drunk Drivers Hold Liability for Damages They Cause in an Accident in Summerlin, Nevada
Drivers who are drunk and cause injury can be held legally liable for their actions. Nevada is an at-fault state, which means that individuals who cause injury are responsible for their own actions. As such, they or their insurance company must pay for the damages they caused while they were drunk. If an individual was under the influence of drugs at the time of an accident, they can still be liable for impaired driving.
Drunk drivers may be subject to jail time and steep fines, as well as an extended prison sentence if their actions caused another person’s death. Drunk drivers may also be required to pay victims or their families punitive damages, which are used to punish and deter offenders in situations of gross negligence or malice. Pursuing punitive damages as a victim may require special legal action.
To ensure that the drunk driver who hurt you is held accountable for their actions, talk to a lawyer about how to most effectively handle your case. They can help you determine strategies and make sure that the other motorist doesn’t get out of taking responsibility for their reckless behavior. While it is not uncommon to receive pushback from liable parties, your lawyer can protect you from their tactics.
Damages that You Can Recover in a Summerlin Drunk Driving Accident Lawsuit
A Summerlin drunk driving accident lawyer can provide insights into what a personal injury case is and the damages you could recover in your lawsuit. Compensation generally covers your quantifiable and subjective losses, so you don’t have to pay for them on your own. The goal is to help you return to or get closer to the condition you were in before the accident. Some damages you could receive may include:
- Medical bills
- Equipment, accommodations, and medications
- Costs to repair or replace your car
- Loss of income or future earning potential
- Funeral and burial expenses for fatal accidents
- Pain and suffering
- Lost quality of life
- Emotional and psychological distress
- Loss of consortium
How much compensation you secure depends on the severity of your injuries and other case-related factors. It is beneficial to partner with a personal injury lawyer who has received many positive client testimonials and case results. An attorney can build a body of evidence designed to show a judge or jury that you deserve 100% of the damages that you are requesting.
How You Can Get Damages After a Drunk Driving Accident
You have up to 2 years to file an injury lawsuit relating to a drunk driving accident, per the Nevada statute of limitations. Attempts to file a claim after the two-year window are likely to be prohibited. A Summerlin drunk driving accident attorney can help you sue for damages before the statute of limitations expires. They can evaluate your case and submit your damages request if your claim is valid.
Suing for damages can be a long and arduous process. An at-fault driver could say you are to blame for the accident and your injuries. Fortunately, your lawyer advocates for you, represents your best interests, and does everything they can to help you recover maximum damages. They protect your legal rights so you are not taken advantage of while trying to file your claim and get justice.
At H&P Law, we focus on winning your case and securing the compensation you need for your recovery. We can submit your lawsuit in accordance with the statute of limitations and build an argument designed to demonstrate you are in no way at fault for your accident. We will also provide ongoing counsel for what steps to take and recommendations on accepting offers and so forth.
Why Filing a Lawsuit Can Be a Better Option than Seeking Compensation Through an Auto Insurance Claim
Car insurance is mandatory for people who live and drive in Nevada. Drivers must also make sure that they meet the Nevada car insurance coverage minimums of $25,000/$50,000/$20,000. Following a drunk driving collision, you can submit an auto insurance claim to the at-fault party’s insurance company. You should also notify your insurer so they can work with the other driver’s insurance to establish fault.
If a driver was operating their vehicle while drunk, their insurer could cover your medical bills and other crash-related losses. Yet, the insurance claims process offers no guarantees. Even if the other driver is responsible for your collision, their insurer could contest your claim. Insurance companies try to use various tactics so they don’t have to pay out for your losses. They may blame, delay, or deny your claim.
A drunk driving accident attorney in Summerlin can help you negotiate with the insurance company after an accident. Your attorney can explain what steps to take if you were hit by a drunk driver to boost your chances of recovering maximum compensation. They may also encourage you to file a lawsuit so you can seek both economic and non-economic damages for your losses.
Evidence that You Can Use in Your Drunk Driving Accident Lawsuit
Your lawyer can share details about key medical evidence in car accident cases that can help build a strong case and clearly show the other driver’s intoxication and subsequent fault. In addition to medical documentation, there are many types of evidence that could help you establish liability and get damages in your drunk driving crash lawsuit. The forms of evidence you may use may include:
- Police reports
- Witness statements
- Accident scene photos and videos
- Blood or breathalyzer test results
- Surveillance footage
- Expert testimonies
- Reconstructions
- Vehicle damage assessments and estimates
Saying a driver is responsible for your drunk driving collision may not be enough to help you collect damages. Your lawyer can gather and review evidence with you and prepare an argument that may resonate with a judge or jury. If you have sufficient documentation and a strong argument, the defendant in your lawsuit may be inclined to offer a reasonable settlement to resolve the case.
What to Do if a Drunk Driver Blames You for Your Accident
Your lawyer understands the role of negligence in your lawsuit. If you can demonstrate that a driver was negligent, it can be difficult for this individual to show that you are in any way at fault. As part of your attorney’s efforts, they may craft an argument focused on the following elements of negligence:
- Duty of Care: The other driver involved in your accident has a legal obligation to follow the rules of the road and avoid careless or reckless acts that could put people in danger.
- Breach of Duty of Care: This motorist chose to ignore their duty of care when they decided to consume alcohol and get behind the wheel.
- Causation: The motorist’s actions led to your accident and injuries.
- Damages: You have incurred economic or non-economic damages as a result of the driver’s actions.
There are also laws relating to comparative negligence in Nevada. If you are found to be partly liable for a car accident, you may receive only a portion of the damages or may be ineligible to get compensation through a lawsuit. Your lawyer understands these laws and works diligently to show a judge or jury that you should not be held accountable for your crash.
When to File a Wrongful Death Lawsuit
It is emotionally taxing to lose a family member in a drunk driving accident. You and your loved ones are forced to face the financial implications of your family member’s death. It may seem impossible to get through this difficult time in your life, but a wrongful death lawyer can assist and provide compassionate support in the wake of your loved one’s death.
A wrongful death attorney prioritizes the needs of you and your family. They understand your loss and provide exceptional legal care and support. Your lawyer can help you pursue justice and recover damages against the driver who caused your loved one’s death.
Your lawyer can teach you about wrongful death litigation and what it entails. If you decide to move forward with a lawsuit, your attorney can handle your legal matters. They can provide frequent updates as they commit the time and resources required to help you take legal action against the party responsible for your family member’s death.
Explore Your Options with the Aid of a Summerlin Drunk Driving Accident Lawyer
The H&P Law team can advise you on every aspect of your drunk driving collision case. Throughout your claim, a Summerlin drunk driving accident lawyer will provide you with the highest level of service and representation, so you receive the attention you deserve.
We provide unwavering support and fight fiercely for you and your family. Request a free case consultation when you contact us today.
