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A drunk driving crash can leave you with serious injuries, mounting expenses, and unanswered questions about who will pay for your losses. Call DiMarco | Araujo | Montevideo at (702) 766-9891 after an accident or message us online for a free consultation about your Las Vegas injury claim.
A DUI arrest does not automatically prove a drunk driver is completely responsible for your accident. Evidence must still demonstrate that the driver’s impairment caused the collision and resulting losses. Critical proof may include:
A criminal case that punishes a drunk driver remains separate from a civil claim seeking compensation for crash-related damages.
The drunk driver is usually the primary party responsible for the crash, but others may share liability.
The Driver’s Employer
An employer may share responsibility when an employee causes a crash while performing job-related duties. For instance, while making deliveries, traveling between work locations, transporting materials, or completing another task for the employer.
The Vehicle Owner
A vehicle owner may face liability under a negligent entrustment claim. This may apply when the owner allowed someone to drive despite knowing that the person was intoxicated, unlicensed, or otherwise unsafe behind the wheel.
Bars, Restaurants, and Social Hosts
Limited liability may apply when a business knowingly serves alcohol to a person under 21 and that illegal service contributes to the resulting injuries.
A Las Vegas drunk driving accident victim may seek compensation for:
Some cases may also support punitive damages. These damages punish especially wrongful conduct and discourage similar behavior rather than reimburse a specific financial loss, but can significantly increase the value of your claim.
Nevada’s DUI Law
Nevada Revised Statutes 484C.110 makes it unlawful to drive while “under the influence of intoxicating liquor” or with an alcohol concentration of 0.08 or higher. A violation can provide important evidence that the driver acted negligently.
Nevada’s Dram Shop Law
Nevada Revised Statutes 41.1305 generally limits liability for serving, selling, or furnishing alcohol to a person who is “21 years of age or older.” A narrow exception may apply when an unlicensed person knowingly provides alcohol to someone under 21.
Comparative Negligence
Nevada Revised Statutes 41.141 states that an injured person may not recover when their negligence “is greater than the negligence of the defendant” or the combined negligence of multiple defendants. Any compensation decreases according to the injured person’s percentage of fault.
A drunk driver’s arrest does not guarantee fair compensation. Insurance companies may still challenge the cause of your injuries, question your medical care, undervalue long-term losses, or argue that another person shares responsibility.
A Las Vegas drunk driving accident lawyer can gather toxicology records, preserve video evidence, interview witnesses, review insurance coverage, and calculate the full value of the claim. Legal representation also helps prevent costly mistakes in recorded statements, settlement negotiations, and required filings.
Nevada generally allows two years to file a personal injury lawsuit. Waiting too long can jeopardize your right to recover compensation. An attorney can ensure all required deadlines are met while building the strongest possible case on your behalf.
Contact DiMarco | Araujo | Montevideo online or at (702) 766-9891 to discuss the crash and available legal options during a free consultation.