Las Vegas Drunk Driving Accident Attorney
At Harris & Harris Injury Lawyers, our Las Vegas drunk driving accident lawyers will help you if an impaired driver has caused harm to you or a loved one. Our qualified and experienced team will investigate what happened and vigorously pursue the compensation you deserve. Call us today when you need a Las Vegas drunk driving accident attorney.
Let Harris & Harris Injury Lawyers Handle a Drunk Driving Accident Case
When you are suffering from a personal injury, you need an attorney you can count on to be by your side. At Harris & Harris, a firm of personal injury attorneys in Las Vegas, we are dedicated to understanding our clients’ needs.
- We are committed to supporting our clients to rebuild their lives after drunk driving accidents and will give every case the attention necessary to recover maximum compensation.
- Our Las Vegas injury lawyers have a success rate of 99% and have secured millions for our clients.
- You will not pay anything out-of-pocket and will only pay legal fees after we secure the compensation you deserve.
Impaired drivers cause many of the worst car accidents on the roadways in and around Las Vegas. When an impaired driver causes someone else harm, they should be held accountable for their actions.
Why Do You Need a Drunk Driving Accident Attorney?
A drunk driving accident can become incredibly complicated. While it may seem obvious that an impaired driver caused the crash, that is not always the case. The at-fault driver’s insurance company or attorney may try to say that you were at fault. Your Las Vegas drunk driving accident lawyer will work to:
- Obtain all evidence from the incident, including accident reports, video surveillance, and eyewitness statements.
- Obtain proof that the other driver was intoxicated, including breathalyzer test results, receipts from bars or restaurants, etc.
- Negotiate on your behalf for a fair settlement.
Compensation Available from a Drunk Driving Claim
If you or someone you care about has been injured due to the actions of a driver impaired by alcohol or drugs, please seek legal assistance today. At Harris & Harris Injury Lawyers, our Las Vegas car accident lawyers are going to help you get through this. Our goal is to secure the compensation you deserve, including:
- Coverage of your past medical bills and future medical expenses related to the crash
- Compensation for lost income if you cannot work
- Compensation for property damage
- Mental anguish damages
- Loss of enjoyment of life damages
- Possible punitive damages against the impaired driver
If you lost a loved one in a drunk driving accident, you may be eligible to file a wrongful death claim. Speak to a wrongful death lawyer in Las Vegas to learn more.
Time Limit for Filing a DUI Lawsuit in Nevada
In Nevada, there is a specific time limit, known as the statute of limitations, for filing a lawsuit related to a DUI (Driving Under the Influence) accident. As a result, you will typically have a two-year window from the date of the collision to file a lawsuit against the responsible party, which may include the drunk driver and potentially others. If you fail to file within that time, it can result in the loss of your right to seek compensation for your injuries and losses.
However, legal matters can be complex, and individual circumstances may vary. It is always advisable to consult a qualified drunk driving accident attorney in Las Vegas who can provide guidance specific to your case and ensure all legal deadlines are met.
Proving a Drunk Driving Accident Case
Building a successful drunk driving accident case requires the careful gathering and presentation of evidence to establish that the at-fault driver was indeed intoxicated, directly causing the collision and your injuries. Here is how an attorney typically goes about establishing liability and proving a drunk driving case:
Investigation
Attorneys have the resources and knowledge to conduct thorough investigations. They can gather crucial evidence, such as police reports, medical records, witness statements, video surveillance footage, and toxicology reports, which are vital in proving liability and establishing the extent of damages.
Calculating Damages
A Las Vegas drunk driving accident lawyer can help you accurately assess your damages. They can calculate not only the immediate medical expenses and lost wages but also future medical needs, ongoing rehabilitation costs, and the long-term impact of injuries on your life. That way, there is no risk of settling for a less than fair offer and there is evidence that supports the amount of compensation you are seeking.
Legal Resources
Attorneys have access to a network of experts, including accident reconstruction specialists, medical professionals, and expert witnesses, who can provide critical support and testimony to bolster the case.
Avoiding Mistakes
Legal proceedings involve strict deadlines and procedural rules. An attorney can help you avoid costly mistakes that could jeopardize your case, such as missing deadlines or mishandling evidence.
Negotiation Skills
Insurance companies often try to minimize payouts. Drunk driving accident attorneys are skilled negotiators who can engage with insurers and opposing counsel to seek a fair settlement on your behalf.
Preparation for Trial
In case negotiations fail, an attorney will prepare for trial. This involves organizing all evidence, deposing witnesses, and strategizing the presentation of the case in court.
Courtroom Representation
During the trial, your attorney will present the evidence, cross-examine witnesses, and deliver a compelling argument to convince the judge or jury of the drunk driver’s liability and the extent of your damages. Thereby increasing the chances of a favorable verdict.
Nevada Drunk Driving Laws
Nevada has strict laws and penalties in place to address drunk driving, also known as Driving Under the Influence (DUI). These laws are designed to deter impaired driving and protect public safety. Below are key aspects of Nevada’s drunk driving laws:
Blood Alcohol Concentration (BAC) Limits
The legal BAC limit for drivers in Nevada is generally 0.08%. It is against the law for a driver’s BAC level at or above this limit; they are considered impaired.
Zero Tolerance for Minors
Nevada has a “zero tolerance” policy for drivers under the age of 21. This means that if a driver under 21 has a BAC level of 0.02% or higher, they can be charged with DUI. In other words, it is against the law for someone under 21 to drive with any measurable alcohol content.
Implied Consent Law
By obtaining a driver’s license in Nevada, individuals give their implied consent to submit to a chemical test (such as a breathalyzer or blood test) if they are lawfully arrested for suspicion of DUI. Refusing to take a chemical test can result in an automatic license suspension.
Criminal Penalties
First-time DUI offenders may face penalties that include fines, license suspension, mandatory attendance at DUI school, and potentially up to six months in jail. Subsequent DUI convictions result in more severe penalties, including longer license suspensions, jail sentences, and higher fines.
Enhanced Penalties for High BAC
Enhanced penalties may apply if a driver’s BAC level is significantly higher than the legal limit, typically at 0.18% or higher. These penalties may include increased fines, longer license suspension periods, and mandatory participation in an alcohol treatment program.
Felony DUI
DUI can be charged as a felony if certain aggravating factors are present. For example, if the accident causes serious injury or death or the driver has prior DUI convictions.
Civil Damages
Drunk drivers can be held civilly responsible for any damages they cause, such as crash victims’ medical bills, lost income, property damage, pain and suffering, etc.
Possible Injuries from a Drunk Driving Crash
Impaired driving crashes are more likely to result in serious passenger injuries and deaths. Often, impaired drivers operate at high rates of speed and do not slow down before an impact. It is not uncommon for our Las Vegas drunk driving accident lawyers to help clients suffering from the following:
- Spinal cord damage: Damage to the spinal cord can result in paralysis or loss of sensation below the point of injury. Therefore, injuries higher up on the spinal cord, such as in the cervical (neck) region, can lead to more extensive and severe impairments compared to injuries in the thoracic (upper back) or lumbar (lower back) regions.
- Head trauma injuries
- Concussion: A concussion is a mild traumatic brain injury (TBI) that can result from a blow or jolt to the head. It may cause temporary confusion, loss of consciousness, and other symptoms.
- Traumatic Brain Injury (TBI): More severe head trauma can lead to cognitive, physical, and emotional impairments that may be temporary or permanent.
- Skull Fractures: The force of a drunk driving accident can lead to fractures in the skull, which can be accompanied by brain injuries or bleeding.
- Intracranial Hemorrhage: Trauma to the head can cause bleeding within the brain, known as intracranial hemorrhage. This can be life-threatening and requires immediate medical attention.
- Severe neck and lower back injuries including ruptured discs
- Ruptured or Herniated Discs: These occur when the soft inner material of a spinal disc protrudes through the outer layer. This can happen due to trauma in a car accident, including drunk driving accidents.
- Whiplash: Whiplash occurs when the head is suddenly jerked forward and backward, straining the neck’s ligaments and muscles.
- Cervical Fractures: High-impact collisions can lead to cervical vertebrae (neck bones) fractures. Severe breaks can result in spinal cord injury and paralysis.
- Broken and fractured bones: Drunk driving accidents can lead to severe broken bones, which can be both painful and debilitating. The severity and types of broken bones can vary depending on factors such as the speed of the collision, the point of impact, the use of seat belts, and the overall circumstances of the accident. Common types include fractures to the pelvis, ribs, face, spine, collarbone, hands, wrists, feet, and ankles.
- Amputations: The force and trauma sustained in such accidents can result in irreparable limb injuries, necessitating amputation.
- Facial lacerations resulting in permanent disfigurement: These injuries occur when the skin and underlying tissues of the face are torn or cut due to the force of the accident or impact with objects in the vehicle. Even with skilled medical care, severe facial lacerations can leave permanent scars and disfigurement. Scarring may be visible, raised, or keloid, and it can affect an individual’s self-esteem and self-confidence.
These injuries can lead to major expenses for victims and their families. Often, insurance carriers do not offer enough to cover the total costs of an impaired driving incident.
How Insurance Companies Can Influence Your Settlement
Accepting an early settlement from an insurance company after a drunk driving accident is typically not in your best interests for several important reasons:
Incomplete Understanding of Damages
In the immediate aftermath of an accident, it is often challenging to fully understand the extent of your injuries and the associated costs. Some injuries may have delayed symptoms or require long-term medical treatment. Accepting an early settlement may not account for these future expenses.
Lower than Fair Compensation
Insurance companies often offer early settlements to minimize their liability and close the case as soon as possible. They may use pressure tactics to get you to accept a lower offer than you deserve, taking advantage of your vulnerability and uncertainty following the accident.
Loss of Legal Recourse
When you accept a settlement, you must sign a release of liability. This waiver means you cannot pursue further legal action or seek additional compensation, even if your injuries worsen or new complications arise. This can be especially problematic if you discover hidden or delayed injuries.
Future Financial Security
A hasty settlement may leave you financially vulnerable in the long run. If your injuries wind up preventing you from working or result in significant ongoing expenses, you may struggle to meet your financial needs without adequate compensation.
An attorney can assess the true value of your case, protect your rights, and help ensure that you receive fair and just compensation for all your losses and future needs.
Las Vegas Drunk Driving Statistics
The FBI and US Census Bureau have ranked Las Vegas as the leader in DUI arrests. In 2022, there were 2,000 drunk drivers arrested per 100,000 residents. The city of Las Vegas has a population of 650,000, which gets close to 3 million when considering the rest of the valley’s residential areas.
In addition, the Nevada Department of Public Safety reported in 2022 that since 2016, 55.6% of all fatal traffic accidents involved alcohol, drugs, or both.
According to data from the state of Nevada, between 2012 and 2016, nearly 400 people lost their lives, and 682 were seriously injured in the state due to impaired drivers. The data states that 64% of fatalities and 82% of injuries from impaired driving incidents happened in urban roadways like those in Las Vegas.
Contact a Las Vegas Drunk Driving Accident Attorney
If you need a Las Vegas drunk driving accident attorney, you can contact us for a free consultation of your case by clicking here. You can also contact us at (702) 384-1414 or toll-free at 1 (800) 393-2350 or visit our law office in Clark County.