Las Vegas Drunk Driving Accident Lawyer

Why a Drunk Driving Accident Claim Is Different from a Standard Car Crash Case

A drunk driving accident claim differs from a standard car crash in three important ways:

1. First: The at-fault driver has committed a crime, which provides stronger evidence of fault and opens the door to punitive damages.
2. Second: The driver's criminal case runs parallel to your civil claim, meaning you may have access to police reports, field sobriety test results, body camera footage, and court records.
3. Third: The insurance company may react differently, sometimes denying coverage for criminal acts and being more open to settling fairly with you.

While these differences are helpful to a claim, they also add more documentation, legal proceedings, and other variables into the mix, so as a drunk driving accident victim, working with an attorney from the Rodney Okano Car Accident Lawyer Law Firm can make sure that the dual civil and criminal aspects of the case are being handled, ensuring fair compensation and justice.

Civil Claim Versus Criminal DUI Prosecution

A drunk driving accident claim is a civil claim, while a DUI prosecution is a criminal case. They run parallel in DUI accidents, but they are not the same. The civil claim is about getting compensated for your losses, while the criminal case is about punishing the driver and potentially having them face fines and prison time. While a criminal conviction can be useful in your civil case, it is not required.

You can recover financial compensation for medical bills, lost wages, pain and suffering, and more, regardless of the outcome of the criminal case. This is because the civil and criminal cases have different burdens of proof, and the criminal case is often harder to win.

In a criminal case, you must prove your case beyond a reasonable doubt, which is a higher standard than the "preponderance of the evidence" required for civil cases.

Why a Conviction Is Not Required to Recover Compensation

The legal system separates criminal and civil cases. Criminal cases focus on punishing the driver, while civil cases focus on compensating you for your injuries. Criminal convictions aren't required for civil liability. Instead, insurance companies investigate the accident independently and assess your claim based on the facts they gather.

This means a lack of conviction doesn't stop you from seeking recovery. Our Las Vegas car accident attorneys know how to build a strong case using medical records, accident reports, and other evidence to show fault and prove liability.

With us, you can recover compensation for medical expenses, lost wages, pain and suffering, and other damages, regardless of whether the driver was convicted of DUI.

How Nevada Law Treats Drunk Driving Accident Claims

Nevada law defines impaired driving by blood alcohol concentration (BAC) limits and presumptions of intoxication. Additionally, impaired driving can include driving under the influence of drugs, such as cocaine and amphetamines.

In DUI cases and accidents, impaired driving is usually proved through field sobriety tests, officer statements, blood tests, breathalyzer results, and Drug Recognition Experts.

Blood Alcohol Concentration Limits and Presumptions

In Nevada, under NRS 484C.110, DUI is defined as driving a vehicle while intoxicated with a blood alcohol content (BAC) of 0.08% or higher or impaired by other substances.

However, a person is under the influence if they are impaired to a degree that renders them incapable of safely driving or exercising actual physical control of a vehicle. This means:

• A driver with a BAC of 0.08% or higher, or 0.04% for commercial drivers (NRS 484C.120), is illegally operating a vehicle regardless of whether they are driving safely.
• A BAC of 0.05% to 0.079% creates a rebuttable presumption of impairment if the driver exhibits signs of intoxication, such as slurred speech or unsteady balance.
• A BAC of 0.02% to 0.049% does not trigger a presumption of intoxication but may contribute to an impaired driving charge if combined with other factors.

This standard helps officers keep the road safe, and attorneys determine fault in drunk driving accidents.

Drugged Driving

Nevada law also prohibits operating a vehicle while impaired by drugs or a combination of drugs and alcohol. A driver can be charged with impaired driving if they:

• Have a detectable amount of controlled substances in their system.
• Are visibly impaired by drug use.
• Combine drugs and alcohol in a way that compromises their ability to drive safely.

Under NRS 484C.110, it's against the law for drivers to have any of the following substances in their blood or urine at or above the following defined nanograms per milliliter amounts:

Prescription Medication Impairment

Drivers may also not operate their vehicle while under the influence of prescription medication if it impairs their ability to drive, as Nevada law does not differentiate between illegal and legal drugs.

This means that impaired driving is not limited to illegal substances. Prescription drugs or over-the-counter medications can also cause a driver to be charged with a DUI offense.

Some common examples of prescription drugs that can impair driving include:

• Medicinal Marijuana
• Sedatives
• Stimulants

Where Are You Most Likely to Be Hit by a Drunk Driver in Las Vegas

When driving in Las Vegas, you are most likely to be involved in an alcohol-related crash on major roads in Las Vegas, mainly those that connect the Strip with downtown and commercial districts.

These high-risk roads include:

• Las Vegas Boulevard (The Strip): The highest number of alcohol-related crashes and injuries
• Sahara Avenue: Known for frequent DUI incidents, particularly in the early morning hours
• Flamingo Road: A high-traffic area with significant numbers of alcohol-related crashes
• Charleston Boulevard: Another busy road with many DUI-related accidents
• I-15: A high-traffic highway that many impaired drivers take going to or back from The Strip.

What to Do After Being Hit by a Drunk Driver in Las Vegas

If a drunk driver hits you in Nevada, you should immediately:

1. Move to Safety and Call 911
2. Document the Scene and Gather Witness Information
3. Get Medical Care Right Away
4. Seek Legal Help

Taking these steps protects your health while putting you on a strong path to start a claim against the drunk driver.

Step 1: Move to Safety and Call 911

Call 911 immediately and tell the dispatcher you suspect the other driver is impaired. The dispatcher needs to know you saw alcohol, slurred speech, or erratic driving so officers will be prepared for a DUI investigation. Tell them what you saw, not what you think happened. Keep the dispatcher on the line until they confirm police have been dispatched.

If yoyou'ren the driver's seat and your car is operable, move to the shoulder or a safe spot away from traffic. If you're a passenger, exit the vehicle and move to safety. Don't leave any passengers behind.

When the police get to the scene, they will create an official record and document the driver's condition. The officer may ask about the time of the last drink, where the driver was when they got behind the wheel, and whether they were driving visibly intoxicated. That information can be used if you're seeking compensation.

Step 2: Document the Scene and Gather Witness Information

When involved in a drunk driving accident, documenting the scene is crucial. Take photos of vehicle damage, the impaired driver's license plate, road debris, and traffic signs. Also, note down the location, time, and weather conditions. If there are witnesses, get their contact information.

Step 3: Get Medical Care Right Away

Whether the crash was serious or minor, you should still receive a medical checkup. This is because even if you feel fine, adrenaline masks injuries, and head, neck, and back injuries can show up hours or days later.

Local Nevada hospitals you may be transported to via ambulance or can visit yourself include:

• University Medical Center (UMC): 1800 W. Charleston Blvd
• Sunrise Hospital: 3186 S. Maryland Pkwy
• Dignity Health St. Rose Dominican Hospital: 102 E Lake Mead Pkwy

Step 4: Seek Legal Help

If you seek to hold the impaired driver financially responsible for the damages the accident caused to you, legal representation is a must. Even though the drunk driver hit you and committed a crime, they're still going to fight back and avoid paying as much as possible.

However, with the DUI accident attorneys at the Rodney Okano Car Accident Lawyer Law Firm, yoyou'reoing to fight back harder. Schedule a free case evaluation with our lawyers today by calling (702) 566-3600.

Who Can Be Held Liable for a Drunk Driving Crash

While the drunk driver is typically the primary party held responsible, you may also be able to hold other parties accountable for the accident, including:

• The Intoxicated Driver
• Employers of Drivers on the Job
• Vehicle Owners Who Allowed Impaired Driving

In many cases, multiple parties may be held liable for a drunk driving accident. In these situations, the total compensation you may be able to recover could include damages from all liable parties.

The Intoxicated Driver

The intoxicated driver is typically the primary party held liable for any injuries or damages in a drunk driving accident.

Operating a vehicle under the influence of alcohol is a violation of Nevada DUI laws and serves as proof of negligence. If this behavior leads to an accident, the driver is generally considered responsible for any resulting injuries, property damage, or fatalities.

Employers of Drivers on the Job

If you are injured in a drunk driving accident, you may also be able to hold the employer of the driver liable if the driver was performing their job duties when they caused the accident. For example, if a truck driver was on a delivery route and got into a drunk driving accident, the employer of the truck driver could be held responsible for the damages.

Employers can be held liable for drunk driving accidents under vicarious liability, which is a form of respondeat superior that means the employer is responsible for the actions of the employee, even if the employer did not know the employee was drinking.

In addition to vicarious liability, an employer could also be held liable under negligent hiring in some circumstances. For example, if the employer knew that the employee was a dangerous drinker and still hired them, the employer could be held liable for the damages caused by the drunk driving accident.

Vehicle Owners Who Allowed Impaired Driving

Friends and family of the DUI driver can face liability in a drunk driving crash if they knowingly allowed the impaired driver to drive their vehicle. For example, if a mom knew or should have known that her son had a history of drunk driving or was impaired at the time they were driving, she could face liability under the theory of negligent entrustment.

To establish negligent entrustment in a drunk driving crash, factors that may be relevant include:

• The vehicle owner knew or should have known that the driver was impaired and still allowed them to drive.
• The driver was unlicensed, inexperienced, or otherwise unfit to drive.
• The vehicle owner failed to check the driver's license or insurance status before letting them drive your vehicle.

Common Causes of Drunk Driving Accidents in Las Vegas

Drunk driving accidents in Las Vegas are a common occurrence. Some common causes of these accidents are:

• Drinking alcohol at casinos and nightclubs
• Young and inexperienced drivers who do not realize how impaired they are
• Motorcyclists who ride with a blood alcohol content (BAC) of 0.08% or higher
• Repeat offenders who ignore Nevada laws

Additionally, common demographic data on drunk drivers show that 35% of drunk drivers are between 21 and 24 years old, and men are four times more likely to be involved than women.

If you or someone you know has been injured in a serious accident due to a drunk driver, contact our Las Vegas drunk driving accident lawyers for help.