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Experienced Las Vegas Drunk Driving Accident Lawyer Near You
The unfortunate reality of Las Vegas's ongoing nightlife is the all-too-common occurrence of drunk drivers and accidents on Las Vegas's streets and roads.
With around 11,000 annual traffic fatalities in the U.S. stemming from drunk driver crashes, this problem isn't only localized in Nevada; however, due to Las Vegas being an entertainment capital, the odds of you being in a drunk driving crash are increased.
Due to the heightened potential of being in a drunk driving accident in Las Vegas, you may have already been involved in one which if you have you must understand that you have experienced Las Vegas drunk driving accident lawyers at The Rodney Okano Car Accident Lawyer Law Firm ready to legally back you and your family through out your case.
With over 20 years of experience, our personal injury law firm ensures that the DUI driver will be brought to justice and that you will obtain the financial compensation you're entitled to.
Schedule a free consultation with a Las Vegas DUI attorney today, where you can learn more about your case's timeline, worth, and legal options.
About Founding Attorney Rodney Okano
Attorney Rodney Okano is a skilled Nevada personal injury lawyer with over 20 years of experience in Nevada and personal injury law. With his expertise, he has helped thousands of people injured in accidents obtain the financial settlement they're entitled to.
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Why Might You Need a Lawyer After a Drunk Driving Accident in Las Vegas
Following a serious accident, such as one caused by drunk driving, hiring a lawyer can be vital to protecting your rights and securing the maximum settlement.
While you may believe that, due to the driver being drunk, liability in your personal injury case is clear-cut, therefore not needing an in-depth investigation or advanced negotiation techniques, there are still countless reasons why it's smart to enlist legal help from a drunk driving attorney.
Proving Liability
While a driver may be obviously drunk at the scene of an accident, proving it to the insurance companies or court is a different story, as they require substantial evidence to come to a decision.
This is where a DUI lawyer comes in, as they can gather police reports, field sobriety tests, witness statements, and surveillance footage to build you the strongest case possible to prove the at-fault driver's intoxication and negligence to the insurance company or Nevada court.
Handling Insurance Companies
Even in an impaired driving accident where their policyholder is clearly at fault, insurance companies will work to minimize your payout.
However, having an attorney handle communications with the insurance company will make their tricks and tactics, such as stalling, denying claims, or using your own words against you, useless, ensuring that you and the insurance company won't settle for anything less than what you are entitled to.
Determining the Full Value of Your Claim
A drunk driving accident often results in substantial injuries, emotional distress, and lost wages, which, if not properly compensated for through a claim, could create lifelong financial burdens.
To avoid any financial struggles arising from an accident caused by a drunk driver, it's crucial that you have an attorney accurately calculate your damages, both economic and non-economic, to ensure that you receive a fair settlement.
Filing a Civil Lawsuit
If a fair settlement is not reached through negotiations, an attorney can file a personal injury lawsuit and represent you in court.
In addition, if your case goes to court and you have legal representation, you may also obtain additional compensation through punitive damages.
Nevada DUI Laws
The Nevada Revised Statutes outline numerous laws and criminal charges for DUI.
These laws are important to understand for those who face criminal charges due to DUI or for those who seek to hold a drunk driver accountable for a motor vehicle accident.
Legal Blood Alcohol Content Limit in Nevada: NRS 484C.100
Under NRS 484C.110, a person can not legally be in actual physical control of a vehicle on public roads, streets, or highways if they have a BAC of 0.08% or more.
However, the 0.08% only applies to non-commercial drivers over the age of 21, as commercial drivers are held to a legal BAC limit of 0.04% while drivers under 21 are limited to a BAC of 0.02%.
Punishments for DUI: NRS 484C.400
Those being charged with a no-injury or death DUI conviction may face the following under NRS 484C.400:
- Fines
- License suspension
- Mandatory DUI education
- Jail time
- Financial responsibility for any damages
- Car insurance increases
Punishments for DUI That Result in Injury or Death: NRS 484C.430
If a DUI results in injury or death, the drunk driver will be charged with a Category B felony, which under NRS 484C.430 is punishable by:
- 2 to 20 years in Nevada prison
- Fines ranging from $2,000 to $5,000
- License suspension
Nevada Implied Consent Law: NRS 484C.160
Nevada has an implied consent law, which states that by driving on Nevada public streets, roads, or highways, you consent to an evidentiary test of your blood, urine, breath, or other bodily substance if suspected by police officers of DUI.
Refusal of a chemical test could result in a DUI arrest or other consequences.
What Should You Do After a Drunk Driving Accident in Nevada
Knowing what to do after a drunk driving accident is crucial to ensure a smooth recovery and legal process.
Making mistakes following a DUI crash could result in you losing needed settlement funds.
- Call 911: Reporting the auto accident to law enforcement is crucial because it ensures that the proper reports are filed and DUI tests administered.
- Gather Evidence: At the accident scene, take pictures and videos of property damage, traffic signals & signs, and injuries. Additionally, gather any witness statements and contact information.
- Seek Medical Treatment: Even if you feel fine, it's crucial that you seek prompt medical attention, as some injuries could present delayed symptoms.
- Notify Your Insurance Company: Report the accident to your insurance company; however, avoid providing details about the accident without consulting an attorney.
- Contact a Personal Injury Lawyer: Schedule a free consultation to learn more about your rights, case, and how the drunk driver can be held accountable for their reckless decision.
Can You Still File an Auto Accident Claim If You Were Drunk
You're still entitled to file an auto accident claim even if you were impaired during the motor vehicle accident.
Although you still may face a criminal charge for being under the influence while operating a motor vehicle.
In addition, whether or not you obtain compensation depends on Nevada's comparative negligence rule, which states that you can recover damages as long as you are 50% or less at fault for the accident.
Complexities can arise when being drunk in a no-fault accident, so it's recommended to contact our experienced Las Vegas car accident attorneys at (702) 566-3600 to receive the legal guidance you deserve.
What Are the Most Recent Drunk Driving Statistics in Nevada
According to the Nevada Office of Traffic Safety's 2024 annual report, key 2024 statistics related to drunk driving in Nevada are:
- 16% of state and federal funding was directed towards combating impaired driving.
- The Las Vegas Metro Police Department arrested a total of 1,550 drunk drivers between October 1, 2023, and September 30, 2024.
- Out of 42,186 vehicle pull-overs conducted by law enforcement, 926 resulted in a field sobriety test being conducted.
- The Reno Police Department saw a 10.5% increase in DUI arrests from 720 to 796.
Damages You Can Seek in a Drunk Driving Accident Claim
Like any other personal injury claim, drunk driving accident claims aim to fully compensate victims injured by a drunk driver through a variety of economic and non-economic damages.
Common damages which could be sought in a DUI accident claim include:
- Medical bills (Includes past and future medical expenses)
- Lost income (Includes past and future lost wages)
- Loss of earning capacity
- Property damage costs
- Pain and suffering
- Wrongful death damages (In the event the accident results in the death of a loved one)
- Punitive damages (If awarded by a court)
Our personal injury attorneys work to obtain the largest settlement for each one of our clients and ensure that you'll be no different.
Contact our legal team today for a free case review.
Common Injuries Sustained in DUI Accidents
Drunk driving car accidents often result in severe injuries due to the impaired driver's poor reaction time, poor judgment, and erratic behavior.
Injuries sustained in DUI car accidents can potentially be life-changing, catastrophic injuries that could result in the victim needing medical care for the rest of their life.
Common injuries which result from DUI accidents include:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Broken Bones
- Whiplash
- Internal Injuries
- Burn Injuries
- Emotional and Psychological damage
Frequently Asked Questions About Drunk Driving Accidents
How Long Do I Have to File a Personal Injury Claim After a Drunk Driving Accident in Nevada?
Under Nevada's statute of limitations, you have 2 years from the day of the DUI accident to file a personal injury claim against the at-fault driver.
Is Drunk Driving Considered Negligence?
Yes, in a civil claim, drunk driving will be considered negligence.
How Much Does Auto Insurance Cost for Convicted Drunk Drivers?
In Nevada, drunk drivers can experience insurance premiums raises of up to $1,000 to $2,000.
What Is Nevada's Dramshop Law?
Nevada does not have a dramshop law, meaning that bars, restaurants, or casinos are not liable for the actions of an impaired customer or guest outside their establishment.
Why Do Drunk Drivers Typically Not Get Injured in Auto Accidents?
Drunk drivers often avoid injury or sustain minimal injury in motor vehicle accidents because their bodies are more relaxed during the crash due to their impairment.
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