Every year in the US, thousands of people are involved in car accidents. Unfortunately, many of these accidents cause severe injuries. Las Vegas experiences its share of vehicular accidents that DUI drivers contribute to.

If you suffer an injury in an accident caused by a DUI driver, you deserve compensation for your sustained damages. The state of Nevada endeavors to ensure you obtain justice for your injuries and damages. Also, it aims to ensure that the DUI drivers are accountable for their negligence, reckless behavior, and failure to observe the laid down rules.

When filing a personal injury lawsuit, you should file it against the DUI driver rather than the insurance company alone, resulting in higher compensation. You can achieve this by seeking the services of a personal injury attorney. Our Las Vegas personal injury lawyers will highlight what filing a lawsuit against a drunk driver entails. There are several courses of action that you can take. They include:

Negligence

Negligence is probably one of Nevada's most common causes of car accident claims. Filing a lawsuit against a drunk or a high driver is similar to pursuing a personal injury claim. You will have to prove that the driver was under the influence of alcohol or drugs or was negligent in their actions that led to your accident. To succeed when you file a lawsuit against a DUI driver, you must prove several elements of negligence beyond a reasonable doubt.

Your lawyer will have to prove that:

  • The at-fault-driver owed you a duty of care. In this case, your lawyer will have to prove that the DUI driver was involved and played a major part in your accident.
  • The at-fault-driver breached their duty of care towards you by DUI, and your attorney can use the arresting officer's report and any other physical evidence from the accident site.
  • You suffered actual damages or bodily injury due to the DUI driver's breach of duty.
  • The defendant caused your damages due to their DUI actions. You incurred damages because the defendant was driving under the influence.

Sometimes you can file a civil lawsuit to go hand in hand with the criminal one against a drunk or a high driver from the state. In this scenario, your attorney can use the evidence used by the state against the defendant in your civil lawsuit.

When you file a civil lawsuit to go hand in hand with the state's criminal lawsuit, you can sue the DUI driver for punitive damages. Your attorney can use the state's evidence against the defendant in the criminal lawsuit. Also, you can use eyewitness accounts, any video recording of the accident, pictures of the accident, and the at-fault driver's confession.

Negligence per se

An intoxicated driver whose actions led to a vehicular accident can face this lawsuit in Nevada. To win this case, all you have to do is demonstrate that:

  • The DUI driver had to follow Nevada’s Driving laws, but they were under the influence.
  • The DUI driver violated the law by driving while high or drunk.
  • You are one of the parties that the law aims at protecting.
  • The DUI driver's actions were the cause of your injuries.

Wrongful Death

Under Nevada's law, the family or estate of a fatal accident victim can file for wrongful death if it occurred due to an intoxicated driver’s actions. However, your attorney will have to prove that:

  • A person died as a result of a fatal accident.
  • The victim’s death resulted from the defendant’s negligence or wrongful actions.
  •  You are representing the victim or their heir.
  • You suffered damages due to the wrongful death of the victim.

Negligent entrustment

When a person knowingly allows an intoxicated driver to drive, this person can face charges for negligent entrustment under Nevada's law. To sue under negligent entrustment, you will have to show that:

  • The defendant allowed an intoxicated person to operate a vehicle.
  • The defendant was aware or ought to be aware that the person they allowed to drive was intoxicated and could harm others.
  • The DUI driver was negligent or reckless.

Who Is Liable In a DUI Accident?

When filing a lawsuit after a DUI accident, the obvious person to sue is the drunk driver. However, there are some instances where you may have other defendants. For instance, if a person allowed an intoxicated driver to drive, you can sue that person. In another case, if the DUI driver was driving a defective vehicle, you can also file a lawsuit against the vehicle's manufacturing company. Additionally, you can sue the local government if the accident was due to poor road signs and infrastructure.

Compensation Available For A DUI Lawsuit in Nevada

Nevada treats drunk driving seriously as it exceeds ordinary negligence. Therefore, the state makes the civil penalties substantial. These substantial civil penalties aim to discourage reckless and negligent behavior from all road users.

When you are involved and suffer from a DUI accident, you are eligible to receive compensation that will cover these expenses:

  • Medical expenses will cover hospital stays, medication, consideration, counseling, rehabilitation, and home care.
  • Vehicle repair.
  • Loss of future income.
  • Lost wages, bonuses, and tips.
  • Physical therapy.
  • Disfigurement/scarring.
  • Funeral expenses.
  • Punitive damages.
  • Long-term disability.
  • Your diminished earning capability.

The Average DUI Settlement in Nevada

When it comes to the average settlement you can receive after filing a DUI civil lawsuit, it will highly depend on the circumstances surrounding the accident. If the accident resulted in severe bodily injuries, totaled vehicles, and even wrongful death, the defendant could be liable for a considerable amount in damages.

In case of a minor accident that leaves some minor damages like fender benders, then the insurance claim can cover the compensation.

If you were in an accident where the DUI driver has no insurance, you would have to use your underinsured or uninsured insurance to cover your damages. You can also file charges against third parties, such as the person that allowed the drunk driver to operate a vehicle or even the local government for unsafe roads.

Difference Between Civil and Insurance Claims 

In a civil claim, you will file a lawsuit against the DUI driver directly, while in an insurance claim, you will go after the DUI driver's insurance provider for compensation. In most cases, the DUI driver's insurance provider may try to make you settle without going to trial. Your personal injury attorney should represent you when dealing with an insurance company. If you are unsatisfied with what the insurance company suggests, you can always go to trial.

Statute Of Limitation 

The statute of limitation is the amount of time you have to file a personal injury lawsuit. Usually, you have up to two years to file your lawsuit after a DUI accident. The law also allows you to file a personal injury lawsuit within two years after you are aware of your injuries.

How To Prove That The At-Fault-Driver Was Driving Under The influence Of Alcohol or Drugs

One of the easiest ways to prove to the court that the driver was intoxicated or driving under the influence of alcohol and drugs is if the state convicts the driver for DUI for the same accident. The law only requires you to show that the driver is liable for the accident. Proving the DUI driver's liability in your accident in a civil lawsuit has a lower standard than that of criminal lawsuits (beyond reasonable doubts). Therefore, an intoxicated driver can be civilly responsible for causing an accident while they are not found to be criminally responsible for the same DUI accident.

When you are filing a DUI lawsuit, you will need enough proof showing that the driver was under the influence of alcohol or drugs at the time of the accident. This will ensure you receive total compensation for your injuries and damages. You can use the following to show that the driver was high or drunk at the time of the accident:

  • The arresting police officer’s report; When the police arrive at the accident site, they will compile a report that indicates who was at fault. It will indicate if the driver was under alcohol and drugs.
  • The DUI driver's blood test results showed a BAC that exceeded 0.08%. This test must be carried out in Nevada.
  • Eyewitnesses account of the accident.
  • Video recording of the at-the-fault driver.
  • Any confessions made to the arresting police by the DUI driver at the accident site.

Ways In Which A DUI Driver Can Fight Back

When you file a lawsuit against a drunk driver, they may fight back by showing that the evidence against them was insufficient. You should not be surprised if the defendant tries to prove that the evidence against them does not prove they were drunk at the accident. They will try to do this by arguing that:

  • The equipment  the police used to test their blood or breath was defective 
  • They were under medications that led to an inaccurate Blood Alcohol Content(BAC) result.
  • The police did not give them the test at the appropriate time. The police should carry out the BAC and breath test within two hours after stopping the defendant.
  • The defendant suffers from a physical or medical illness that resembles intoxication.
  • They were not under the influence of alcohol or drugs at the accident.
  • The driver began drinking after the accident.
  • The personnel made a mistake while administering the blood and breath tests.
  • The court did not find the defendant guilty of a DUI criminal lawsuit.
  • The car was defective due to a manufacturing issue, causing the accident. Therefore, the accident was not caused by the defendant's actions.
  • Poor roads and unsafe road signs were the cause of the accident.
  • The accident occurred due to poor weather.
  • You (the plaintiff) were to blame for the accident.

What Will Happen If You Are Partially Liable For The Accident? 

Nevada is a comparative negligence state; you can recover damages after an accident if the defendant is liable for at least 50%. Therefore, if you were at fault more than the DUI driver, you are not eligible for compensation.

There are several causes of DUI accidents, and you can sometimes be at fault for the accident. Yes, the defendant was intoxicated when the accident took place.  But maybe you were speeding, texting, or even touching your make-up at the accident. If you played a crucial role in your accident, you might still recover damages if your part of fault does not exceed that of the defendant.

For instance, if you are texting or checking your GPS while driving, a DUI driver swerves into you, damaging your vehicle and injuring your shoulder. If you go to trial, the court may determine that you were 20% at fault for the accident. The court may argue that you could have avoided the accident if you had been paying attention to the road and not texting. You will still be eligible for compensation.

You should note that if you are partly at fault for the accident, your compensation will be less than if you were not at fault.

Contact A Las Vegas Personal Injury Attorney Near Me

When you are involved in an accident, especially a DUI one, it can be a traumatic experience. The first step is ensuring you are safe and seeking medical attention if you are hurt. You should consult with a personal injury attorney who will represent you while you care for your health for your peace of mind.

You will need an attorney to deal with the insurance company and help you obtain medical care even if you do not have the finances to cater to your medical bills. At Las Vegas Personal Injury Attorney Law Firm, we will ensure you obtain justice and, at the same time, receive your total compensation. If you are a car accident victim, do not hesitate to contact us at 702-996-1224 and schedule your first non-obligatory appointment.