When a drunk driving accident occurs in Las Vegas, the consequences can be devastating. Lives are lost or forever changed in an instant due to the irresponsible choices of an intoxicated driver. At Jack Bernstein Injury Lawyers, our team of car accident lawyers are dedicated to holding these individuals accountable and securing the justice and compensation for victims and their families.
Understanding Drunk Driving Accidents
Drunk driving accidents are tragically common and particularly destructive. Unlike other traffic accidents that might result from simple human error, these incidents are entirely preventable and are the result of a driver’s conscious decision to get behind the wheel while impaired. In Nevada, driving under the influence (DUI) is a criminal offense and carries severe penalties. However, the legal consequences for the drunk driver often do little to alleviate the physical, emotional, and financial burden faced by victims.
Common Injuries in Drunk Driving Accidents
Injuries sustained in drunk driving accidents tend to be severe due to the reckless nature of impaired driving. Some of the most common injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal injuries
- Cuts and lacerations
- Whiplash
It’s also important to note the psychological impact that these accidents can have, leading to conditions like post-traumatic stress disorder (PTSD) and other mental health challenges. In many cases, the recovery process can be long, painful, and costly, requiring extensive medical treatment, rehabilitation, and time off work.
Now that we understand the gravity of drunk driving accidents and their potential consequences, it’s crucial to discuss who can be held liable for these devastating incidents.
Liability in Drunk Driving Accidents
Identifying the liable parties in a drunk driving accident is crucial for securing compensation. Naturally, the drunk driver is often held accountable for the crash. However, there are instances where other parties can be held liable as well. For example, under Nevada’s Dram Shop laws, businesses that sell alcohol to visibly intoxicated individuals or minors can also be held responsible if that person subsequently causes a drunk driving accident.
Furthermore, in certain situations, social hosts who provide alcohol at an event can bear some responsibility if an intoxicated guest causes an accident. Understanding these intricacies of Nevada law is vital in ensuring all liable parties are held accountable.
What To Do After a Drunk Driving Accident
In the aftermath of a drunk driving accident, it’s important to take several key steps:
- Seek medical attention: Even if you believe your injuries are minor, a comprehensive medical evaluation is critical as some injuries may not be immediately apparent.
- Contact law enforcement: In addition to ensuring the safety of the scene, a police report will provide vital evidence in your claim.
- Document the incident: Collect information from all parties involved, and take pictures or video of the accident scene if possible.
- Do not discuss fault: Be careful not to make statements that could be interpreted as admitting fault.
- Contact a lawyer: An experienced attorney can provide valuable guidance and protect your rights throughout the process.
How Jack Bernstein Injury Lawyers Can Help
At Jack Bernstein Injury Lawyers, we understand the complexities of accident cases involving drunk drivers and are committed to securing justice for our clients. Our dedicated team can:
- Investigate the accident and gather evidence to establish liability
- Work with medical experts to understand the full extent of your injuries and the cost of your future medical needs
- Negotiate with insurance companies to seek a fair settlement
- Advocate for you in court, if necessary, to ensure you receive the compensation you deserve
Drunk Driving Accident Claims and Compensation
In drunk driving accident cases, victims may be eligible for several types of compensation:
- Economic Damages: These are calculable losses such as medical expenses, lost wages, and property damage.
- Non-Economic Damages: These damages cover subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: Because drunk driving is a criminal act, victims may be awarded punitive damages meant to punish the at-fault party and deter similar behavior.
Establishing the value of your claim involves detailed documentation of your losses and can be complex. Our law firm can help gather the necessary evidence and advocate for a fair assessment of your damages.
Las Vegas Drunk Driving Lawsuit FAQs
Yes, even if the drunk driver had no insurance, you still have options. You could potentially make a claim against your own uninsured motorist coverage, if you have it. Our law firm can help explore all avenues of compensation.
Generally, if you’re not at fault for the accident, it should not increase your insurance rates. However, every insurance policy is different, and it’s best to consult with your insurance company or a knowledgeable attorney.
Hit-and-run accidents, even those involving drunk drivers, can complicate your claim. However, it’s crucial to report the accident to the police and your insurance company. You can also seek legal assistance to explore your options for compensation.
Evidence such as police reports, witness testimonies, and breathalyzer or other chemical tests can help prove that the other driver was intoxicated. A skilled attorney can help gather and present this evidence.
In Nevada, the statute of limitations for personal injury cases, including drunk driving accidents, is generally two years from the date of the accident. It’s crucial to start the legal process as soon as possible to preserve evidence and witness testimony.
An attorney can gather evidence, deal with insurance companies, establish the drunk driver’s fault, and fight for fair compensation on your behalf. They can also represent you in court if necessary.
In some cases, yes. Nevada’s Dram Shop laws hold businesses accountable for injuries caused by patrons who were overserved alcohol. However, proving this liability can be challenging, and it’s best to consult with a knowledgeable attorney.
Punitive damages are awarded to punish the at-fault party for particularly reckless or negligent behavior, like drunk driving, and to deter others from similar conduct. They are awarded in addition to compensatory damages.
If the drunk driver was underage, you may still be able to file a claim against their parents’ insurance, the establishment that provided the alcohol, or other parties. An experienced attorney can help you understand and navigate these complex legal issues.
Yes, Nevada follows a modified comparative negligence rule. This means that you can recover damages in an accident as long as you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.
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Choosing the right Las Vegas personal injury attorney is a critical decision that could significantly impact your recovery process and your life. At Jack Bernstein Injury Lawyers, we’re committed to helping Las Vegas residents recover the compensation they deserve from accidents caused by drunk drivers. Contact us today for a free consultation. Jack’s Got Your Back!
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.