When you’re hit by a drunk driver, it’s shocking, painful, and often life-altering. If you’re wondering, “Can I sue someone who hit me while drunk?” the answer is generally yes. In Nevada, those affected by drunk driving accidents have legal rights to seek compensation. Here’s a look at those rights, the steps to take after a car accident, and how the Bourassa Law Group can help you.
Nevada’s Stance on Drunk Driving: Legal Protection for Victims
Nevada has strict laws against drunk driving. The legal limit for blood alcohol concentration (BAC) is 0.08%. However, despite these restrictions, impaired drivers still pose a risk to the community, causing preventable injuries, medical bills, and even wrongful death. A driver who chooses to operate a vehicle while intoxicated can be held liable for any damages they cause.
Steps to Take After a Drunk Driving Accident
If you’ve been injured by a drunk driver, you may have the right to recover damages. Here are key actions to help protect your case and ensure justice:
- Call Law Enforcement: Reporting the accident scene to the police is essential. Law enforcement can document signs of
- impairment and record witness statements, which will be valuable evidence in a civil lawsuit.
- Seek Immediate Medical Attention: Even if your injuries seem minor, it’s critical to see a doctor. Documentation of injuries can support your claim and show the connection between the accident and your injuries.
- Collect Evidence at the Scene: If possible, take photos of the accident scene, other evidence like vehicle damage, and visible injuries. The police report and other drivers’ blood alcohol concentration levels can also prove negligence.
- Consult an Experienced Personal Injury Attorney: A personal injury lawyer can help protect your rights and build a strong case, particularly if your injuries involve lost wages or long-term care.
Potential Damages in Drunk Driving Cases
In a drunk driving accident, victims can pursue damages to address both tangible and intangible losses:
- Medical Bills: Immediate and ongoing medical care costs can add up quickly, and a civil lawsuit can help cover these expenses.
- Lost Wages: Time off work and diminished earning potential can be covered as part of the claim.
- Pain and Suffering: This category compensates for the emotional and physical suffering you’ve endured.
- Punitive Damages: In cases where the at-fault driver acted with gross negligence, punitive damages may apply to discourage similar behavior in the future.
- Other Expenses: These can include anything from transportation costs to other financial burdens caused by the accident.
For example, in the case of Reed v. Davidson in 2019, Nevada courts awarded over $1 million in punitive damages when a drunk driver was found liable for gross negligence, resulting in severe injuries. This reflects Nevada’s strong stance on compensating victims and preventing future harm.
Establishing Liability: Is a Drunk Driver Automatically at Fault?
While a drunk driver is often found liable for accidents, establishing liability requires proof of negligence. Here are the legal elements needed for a successful claim:
- Duty of Care: The other driver had an obligation to act responsibly.
- Breach of Duty: Driving under the influence violated that duty.
- Causation: The driver’s impairment directly caused the car accident.
- Damages: The injured party must show proof of harm, whether physical, financial, or emotional.
For instance, in Bennett v. Ramirez, the court found Ramirez liable for a serious crash when his BAC level of 0.14% caused a severe accident, reinforcing how the law views impaired driving.
Why You Should File a Civil Lawsuit Against a Drunk Driver
Filing a civil lawsuit is often essential to cover damages, as victim restitution in criminal court may not fully address your losses. Nevada’s statute of limitations for personal injury claims is generally two years from the date of the car accident, so it’s critical to act within this timeframe.
Working with an experienced personal injury attorney ensures you’ll have an advocate who understands Nevada’s drunk driving laws and can fight for full compensation. A personal injury lawyer can help secure compensation for medical bills, lost wages, and other damages.
Notable Drunk Driving Lawsuits and Legal Precedents in Nevada
When pursuing a civil lawsuit after being hit by a drunk driver, it can be empowering to know that other victims in similar situations have successfully won compensation. Several notable cases underscore how Nevada courts approach drunk driving lawsuits and reinforce the rights of injured parties to seek damages for their suffering.
Case Highlights: Compensation for Victims of Drunk Drivers
- Williams v. Sanchez (2020): Another Nevada case awarded significant damages to a family impacted by a drunk driving accident that led to wrongful death. The court awarded both economic and non-economic damages, including lost wages, funeral expenses, and emotional suffering. This case is a clear example of how Nevada courts consider the full extent of the suffering loss endured by families impacted by drunk driving incidents.
- Jackson v. Taylor (2021): In this case, the court awarded compensation to a victim who suffered traumatic injuries after being hit by a driver found guilty of gross negligence due to their impairment. The driver had multiple prior offenses for driving under the influence (DUI), and the court imposed punitive damages to reflect the severity of repeated negligent behavior. This case strengthens the argument for seeking punitive damages when prior offenses indicate a habitual disregard for others’ safety.
How Legal Precedents Help Strengthen Your Case
Nevada’s history of favoring drunk driving victims in civil lawsuits means that you have a strong foundation if you choose to pursue compensation for damages. Courts often look to prior cases when deciding whether a drunk driver was negligent, whether the at-fault driver failed in their duty to drive responsibly, and if punitive damages should be awarded to deter future misconduct. Legal precedents like Reed v. Davidson demonstrate that courts can, and do, issue substantial awards to ensure victims receive the financial recovery they need.
By working with an experienced personal injury attorney, you can build your case on these precedents, increasing your chances of securing fair compensation. At Bourassa Law Group, we’re here to support you in pursuing justice and financial recovery, taking cues from these impactful cases to reinforce your claim.
The Value of an Experienced Personal Injury Attorney
Facing a DUI accident can be overwhelming, but a law firm like Bourassa Law Group provides critical support in several areas:
- Legal Knowledge: A lawyer helps navigate the nuances of drunk driving lawsuits in Nevada.
- Evidence Collection: Attorneys ensure thorough collection and organization of other evidence, including medical bills and the police report.
- Negotiating with the Insurance Company: Often, insurers attempt to reduce payouts. An attorney’s involvement can lead to a fairer settlement.
- Trial Representation: If your case goes to trial, a skilled attorney ensures the strongest possible presentation.
Settlement Offers in Drunk Driving Accidents
After a drunk driving accident, the insurance company may offer a settlement, but initial offers often undervalue your losses. A personal injury attorney can negotiate with the insurer and evaluate any offer against your long-term needs.
Get the Support You Need Today
If you or a family member has been affected by a drunk driver, the Bourassa Law Group can help you pursue justice. We understand the emotional toll of such incidents and are committed to providing the financial support you need for recovery. Contact us today for a free consultation and let us help you seek the justice and compensation you deserve.
1-800-870-8910