A relaxing evening can turn tragic in seconds when an intoxicated driver swerves into your lane. Drunk driving accidents leave behind more than just vehicle damage; they destroy lives, rack up medical bills, and force victims to handle both criminal and civil legal systems. If you or someone you love suffered injuries in a Nevada car accident caused by a drunk driver, you must understand your legal rights and what happens next.
This article explores what happens when a drunk driver causes your car accident, how Nevada law handles DUI accident cases, how criminal and civil liability work in tandem, and how accident victims can pursue financial compensation for their losses. Whether the car crash occurred in Las Vegas or Reno, the steps you take after the accident scene can impact your recovery, physically, emotionally, and financially.
Drunk Driving Accidents in Nevada: An Overview
Nevada law strictly prohibits drunk driving under NRS 484C.110. A person is considered legally impaired if their blood alcohol concentration (BAC) exceeds the legal limit of 0.08%. For commercial drivers, the limit is 0.04%, and for underage drivers, it’s just 0.02%.
Drunk driving accidents can cause:
- Serious injuries like broken bones, spinal trauma, or traumatic brain injuries
- Wrongful death in the most tragic DUI accident cases
- Financial hardships from medical expenses and lost wages
In 2023 alone, hundreds of DUI arrests were made across Nevada, with Las Vegas accounting for a significant number of these incidents. Each impaired driver on the road puts countless lives at risk.
Between 1990 and 2021, Nevada consistently recorded DUI arrest rates higher than the national average, except for the years 1991–1994, 1997, 2003, and 2015. In 2020 alone, the state reported over 300 DUI arrests per 100,000 residents, nearly double the national rate of 171, according to a DUI trends report published by the University of Nevada, Las Vegas.
What Happens Immediately After a Drunk Driving Crash?
When a drunk driver hits you, the first priority is safety. If you can, move your vehicle to a safe location and wait for the police to arrive. Police officers will assess the accident scene and may conduct field sobriety tests on the other driver if they suspect the person is intoxicated.
You should:
- Seek medical care immediately, even if your injuries seem minor. A medical evaluation helps in documenting physical injuries
- Cooperate with police officers and ensure a police report is filed
- Gather evidence such as photos, witness information, and insurance details
This documentation can serve as critical evidence in both the criminal case and any civil claim you later pursue.
Criminal vs. Civil Liability in DUI Accident Cases
DUI drivers can face both criminal penalties and civil liability. The criminal case seeks to punish the impaired driver, while the civil claim helps accident victims recover damages for their injuries and losses. These two paths operate separately but often stem from the same incident.
Criminal Liability:
Handled in criminal court, the state files charges such as:
- DUI resulting in injury: A Category B felony under NRS 484C.430
- Vehicular manslaughter or DUI causing death
- Additional criminal consequences like jail time, license suspension, and fines
Civil Liability:
Handled in civil court, where the accident victim can:
- File a personal injury lawsuit against the at-fault party
- Seek financial compensation for lost wages, medical bills, and emotional distress, like pain and suffering
Even if the DUI driver is not convicted in criminal court, you can still recover damages through a civil claim. The burden of proof in civil cases is lower based on a “preponderance of evidence,” not “beyond a reasonable doubt.”
Nevada Laws Protecting Car Accident Victims
Nevada car accident victims have legal protections under state law. If you were hit by a drunk driver, you can file a personal injury claim under the theory of negligence.
Key legal points include:
- Statute of limitations: You have two years from the date of the motor vehicle accident to file a claim (NRS 11.190).
- Punitive damages: Nevada allows punitive damages in DUI cases to punish the impaired driver and deter similar conduct.
- Comparative negligence: Under NRS 41.141, you can still recover damages even if you were partially at fault, as long as your fault does not exceed 50%.
These laws aim to ensure victims of DUI accidents receive fair compensation and hold intoxicated drivers accountable.
What Damages Can You Recover in a Personal Injury Case?
If you suffered injuries in a drunk driving crash, you may be entitled to:
Economic damages:
- Medical care and ongoing treatment
- Car insurance deductible and repair costs
- Lost wages and loss of earning capacity
Non-economic damages:
- Emotional distress, such as Pain and suffering
- Loss of enjoyment of life
Punitive damages:
Courts award punitive damages when a defendant engages in especially reckless or egregious behavior, not just to compensate the victim, but to punish the wrongdoer and discourage others from acting similarly.
For example, if an impaired driver causes life-threatening injuries that prevent you from working for months, your personal injury claim can include all related financial losses, present and future.
What If a Drunk Driver Causes a Fatal Car Crash?
In tragic cases involving wrongful death, eligible surviving family members or a personal representative may file a wrongful death lawsuit under NRS 41.085.
They can seek compensation for:
- Funeral and burial expenses
- Loss of companionship and support
- Emotional trauma and suffering
- Financial dependency losses
Wrongful death cases often accompany criminal charges. These legal claims provide a vital path for families to seek justice and closure after devastating losses caused by DUI drivers.
How Insurance Companies Handle DUI Accident Claims
Insurance companies often try to reduce their financial exposure, even when the other driver was impaired.
You should be cautious when:
- Speaking with the insurance adjuster
- Signing any paperwork or accepting a settlement
- Discussing the details of the car accident
Insurance companies may undervalue your personal injury claim or offer quick payouts that don’t cover long-term medical expenses. Document your injuries, retain the police report, and gather evidence from the accident site to strengthen your claim.
How to Protect Your Rights After a Drunk Driving Accident
After a DUI accident, your next steps matter.
Here’s what you should do:
- Seek medical care immediately and follow through with treatment
- Save all medical records and bills
- File a police report and obtain a copy
- Gather evidence from the accident scene
- Track all expenses and lost income
- Monitor symptoms of severe injuries like concussions or back pain
- Seek legal advice from an experienced car accident attorney
Victims often underestimate the toll of a motor vehicle accident until days or weeks later. Prompt action ensures your personal injury case remains strong.
Don’t Let a Drunk Driver’s Recklessness Define Your Future
Drunk driving accidents shatter lives. Whether you face medical bills, lost wages, or the pain of losing a loved one, Nevada law gives you a path to justice and recovery. DUI accident cases involve both criminal charges and civil claims, and understanding your rights under Nevada law can make all the difference.
If you or someone you love was injured by an intoxicated driver in Nevada, Bourassa Law Group is here to help you understand your options. We support accident victims through every step of the legal process so they can focus on healing.
Your next move matters; contact us today for a free consultation. Let’s take the first step toward holding the at-fault party accountable and securing the compensation you deserve.
1-800-870-8910