Las Vegas Drunk Driving Accident Attorney

If a drunk or drugged driver hurt you in Las Vegas, you can claim against that driver and their insurance, and Nevada lets you ask for punitive damages without the usual cap (NRS 42.010). The injury lawsuit deadline is generally 2 years (NRS 11.190), and it keeps running while the criminal case is pending. A bar or casino that served an adult driver usually cannot be sued (NRS 41.1305), so the claim usually runs against the driver, the driver's insurer and your own coverage.

Two cases follow a DUI crash: the State's criminal case against the driver, and your own claim for the harm done to you. This page explains how they connect and how the injury claim works in Nevada.

What should you do in the first days after a drunk driving crash?

1. Get medical care and make sure police were called. A police report documents the driver's condition, the breath or blood test and any arrest. It is also the starting point for the state's Victims of Crime Program, whose site says an application cannot be approved unless the crime was reported to police or another proper authority.
2. Keep the case and report numbers. The officer's report number, the arrest booking number and, later, the criminal case number let you follow the prosecution and request records.
3. Write down where the driver was drinking, if you know. Receipts, statements and witnesses can matter for punitive damages and for any claim against a private host.
4. Notify your own insurer. Many drunk drivers carry only minimum coverage, so your uninsured and underinsured motorist coverage may be needed; see what to do if the drunk driver has only minimum insurance.
5. Ask about victim help early. Nevada counts a person physically injured or killed as the direct result of a DUI as a crime victim (NRS 217.070), which opens the door to state compensation for some expenses; see the Victims of Crime Program after a DUI crash.

How do the criminal case and the injury claim work, step by step?

1. The State charges the driver. Nevada's DUI law covers an alcohol concentration of 0.08 or more, including a test within 2 hours after driving, impairment by alcohol or drugs, and listed prohibited substances (NRS 484C.110). A DUI that causes death or substantial bodily harm is a category B felony (NRS 484C.430).
2. Your claim opens with the insurers. You claim against the driver's liability policy and, where it falls short, your own UM and UIM coverage.
3. The criminal case produces evidence. Test results, the arrest report and testimony often become available through the prosecution. If the driver is convicted, the conviction is conclusive evidence of the facts needed for civil liability for your injury (NRS 41.133); see how the criminal case affects your injury claim.
4. You can be heard at sentencing. Before sentencing, the court must let a victim express views on the crime, the driver, the impact and the need for restitution (NRS 176.015). Our page on speaking at the drunk driver's sentencing explains how to prepare.
5. The judge may order restitution. If restitution is appropriate, the sentencing court sets an amount for each victim (NRS 176.033). Restitution is part of the criminal sentence, separate from your injury claim.
6. Your claim settles or goes to court. Claims over $15,000 are filed in the Eighth Judicial District Court (NRS 4.370), the same court that hears felony DUI cases, at the Regional Justice Center.

What are the deadlines after a DUI crash?

The criminal case does not pause your civil deadline. Many families wait for a conviction and find that the 2-year period has nearly run.

How does fault work when the other driver was drunk?

Impairment usually makes fault clear, but Nevada's comparative negligence rule still applies: your recovery is reduced by any share of fault that is yours, and barred only if your share is greater than the other side's (NRS 41.141). Insurers sometimes argue that the injured person was speeding or distracted, so the scene evidence still matters.

A passenger who rode with a driver they knew had been drinking may face that argument too. The answer depends on the facts and on the percentages a jury assigns.

Can a bar, casino or host be held responsible?

Usually not. A person who serves, sells or furnishes alcohol to someone 21 or older is not liable in a civil action for damage that person causes after drinking (NRS 41.1305(1)). A person who knowingly serves an underage drinker, or lets one drink on property they control, can be liable, but that exception does not reach licensed sellers and their employees acting in the course of business (NRS 41.1305). Our guide on suing the bar or casino that served the drunk driver walks through the exceptions.

What insurance pays after a drunk driving crash?

The drunk driver's liability insurance pays first, up to its limits: at least $25,000 per person, $50,000 per crash and $20,000 for property (NRS 485.185). Many serious DUI injuries cost far more. Your own underinsured motorist coverage pays the difference up to your limit (NRS 687B.145(2)), and uninsured motorist coverage applies if the driver had no insurance or fled after making contact (NRS 690B.020).

Insurers must offer UM and UIM in amounts equal to your bodily injury limits (NRS 687B.145(2)), and uninsured coverage is included unless a named insured rejected it in writing (NRS 690B.020(1)). A vehicle in an injury or death crash is presumed uninsured if no proof of insurance reaches the DMV within 60 days (NRS 690B.020(6)). For how these coverages work in any crash, see our car accident page.

What can a drunk driving accident claim recover?

Punitive damages are the main difference from an ordinary crash. Against most defendants they are capped at three times compensatory damages, or $300,000 when those are under $100,000 (NRS 42.005), but that cap does not apply to a claim against a driver who willfully drank or used drugs and broke Nevada's DUI laws (NRS 42.010). Our guide on punitive damages against a drunk driver explains what must be proved.

The Victims of Crime Program pays only expenses no other source covers, and its site says no claim may exceed $35,000. If you later recover from the driver or an insurer, the State is subrogated to the amount it paid (NRS 217.240). Medical liens work as in any crash: a hospital may claim the reasonable value of its care (NRS 108.590), and our page on hospital liens explains how.

What changes the answer?

• Someone was killed. Heirs and the estate each have claims (NRS 41.085); see wrongful death claims after a fatal crash.
• The driver was driving a commercial truck. Federal rules bar a truck driver from duty at an alcohol concentration of 0.04 or more (49 CFR 382.201), and the carrier may share responsibility; see our truck accident page.
• You were on a motorcycle or a bicycle. The same DUI rules apply, with the riding rules covered on our motorcycle accident page.
• The driver fled. Leaving the scene of an injury crash is a category B felony (NRS 484E.010), and a hit-and-run claim on your own policy needs physical contact and a timely police report (NRS 690B.020(3)(f)).
• You were a passenger in the drunk driver's car. An adult passenger of the offender is excluded from the Victims of Crime Program, though a minor passenger is not (NRS 217.220).

For example: a crash on the way home

For example, imagine a driver hit head-on by a car whose driver tests at 0.15. The driver is charged with felony DUI because the injuries are substantial. The at-fault policy has a $25,000 limit, so the injured driver's UIM coverage is used for the rest, and the injury claim also asks for punitive damages under NRS 42.010. The lawsuit is filed before the 2-year deadline, while the criminal case is still pending, and the later conviction is conclusive evidence of the facts needed for liability (NRS 41.133). This is a hypothetical, not a real case.

Common mistakes after a drunk driving crash

1. Waiting for the criminal case to finish. The civil deadline keeps running (NRS 11.190).
2. Assuming restitution replaces an injury claim. Restitution is part of the sentence; the civil claim is where you seek your full damages, including punitive damages.
3. Counting on the bar or casino. In most cases Nevada law shields them (NRS 41.1305).
4. Not using your own UIM coverage. Against a minimum policy, it is often the largest source of payment.
5. Applying to the Victims of Crime Program late. The statute and the program's site give different time limits, so apply as early as you can.

How The Fletcher Firm handles drunk driving accident claims

Why Choose The Fletcher Firm?

• Focused Experience: As an experienced attorney in drunk driving cases, I possess in-depth knowledge of Nevada's DUI laws and the complexities involved in these types of accidents.
• Personalized Legal Strategy: I understand that each case is unique. I tailor my legal approach to address the specifics of your accident and your individual recovery needs.
• Commitment to Maximum Compensation: You deserve full compensation for your injuries and losses. I work on a contingency fee basis, ensuring you pay nothing unless I recover damages on your behalf. Please note: a client may be liable for the opposing parties' fees and costs.

My Approach to Drunk Driving Accident Claims

1. Thorough Investigation: I start by conducting a detailed investigation of the accident, including obtaining police and toxicology reports, to establish liability clearly.
2. Collaboration with Experts: I work closely with medical professionals and forensic experts to thoroughly document the impact of the accident on your life, supporting your claim with credible expert testimony.
3. Tenacious Negotiation and Litigation: Equipped with solid evidence, I negotiate aggressively with insurance companies. If a fair settlement is not achievable through negotiations, I am prepared to take your case to trial to ensure justice is served.

Types of Drunk Driving Accident Cases I Handle

• Accidents involving DUI/DWI
• Hit and Run DUI Incidents
• Wrongful Death caused by Drunk Driving
• Severe Injury DUI Accidents
• Underinsured Drunk Driver Accidents

Frequently asked questions

Do I have to wait for a conviction before filing my claim?

No. The two cases move separately, and your 2-year deadline runs from the crash (NRS 11.190). A conviction, if it comes, helps the civil case (NRS 41.133).

What if the driver is acquitted or the charge is reduced?

Your civil claim does not depend on the criminal result. It is decided on its own evidence in its own case.

Can I get punitive damages if the driver was on drugs, not alcohol?

Possibly. NRS 42.010 covers willful consumption or use of alcohol or another substance in violation of the DUI laws, including drug impairment and prohibited substances under NRS 484C.110.

Does the Victims of Crime Program pay pain and suffering?

No. Its site says it does not pay pain and suffering, property damage or anything insurance or another source pays.

Will I have to testify in the criminal case?

You may be called as a witness by the prosecution. That is separate from your right to speak at sentencing (NRS 176.015).

Contact Me for a Free Consultation

Victims of drunk driving accidents need strong and compassionate legal representation. I am here to offer both. Contact me today at 702-333-6339 or fill out our online form to schedule a free, no-obligation consultation. Let’s work together to secure the justice and compensation you deserve, helping you move forward from this devastating experience.

Sources

• NRS 42.010 and 42.005, punitive damages (Nevada Legislature)
• NRS 41.1305, liability for serving alcohol, and NRS 41.133, effect of a conviction (Nevada Legislature)
• NRS 484C.110 and 484C.430, DUI offenses (Nevada Legislature)
• NRS chapter 217, compensation for victims of crime (Nevada Legislature)
• Benefits and expenses, Nevada Victims of Crime Program
• Eligibility criteria, Nevada Victims of Crime Program
• NRS 176.015 and 176.033, victim statements and restitution (Nevada Legislature)
• NRS 11.190 and 11.310, time limits for lawsuits (Nevada Legislature)
• NRS 485.185, minimum insurance (Nevada Legislature)
• NRS 687B.145, underinsured motorist coverage (Nevada Legislature)
• NRS 690B.020, uninsured motorist coverage (Nevada Legislature)