Unfortunately, drunk driving accidents are common in Henderson due to its proximity to Las Vegas and the large number of tourists who come here on vacation. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving caused 89 fatalities in Nevada in 2017—29 percent of all deaths in car crashes that year. Many more victims of these tragic wrecks suffer life-altering injuries, such as traumatic brain injury, paralysis, burns, and back and spinal injuries.
Nevada’s Drunk Driving Laws
In our state, a driver can be charged with Driving Under the Influence (DUI) if his blood alcohol content (BAC) is 0.08 percent or higher. If convicted, his punishment may include a jail sentence and a large fine.
Your Right to File a Claim for Damages in a Drunk Driving Accident
In addition to facing criminal charges, a drunk driver also faces civil liability to compensate any victims who suffered injuries due to his or her actions. Injured individuals must prove the driver’s negligence in causing their accident in order to be entitled to compensation. The elements of a negligence claim include:
- The drunk driver had a legal duty to the victim to drive in a safe manner.
- The driver breached this duty by driving when intoxicated.
- The victim suffered injuries as a result of the breach of duty.
- The victim suffered damages due to his injuries.
In Nevada, it can be easier for individuals hurt in a drunk driving accident to establish the driver’s negligence than it is in non-alcohol related crashes. Under NRS Section 42.010, if a driver is convicted of DUI, there is a presumption that he is civilly liable to compensate his victims.
Compensation You May Receive in a Drunk Driving Accident
If you prove that the driver’s intoxication caused your auto collision, you are entitled to be compensated for your injuries. Damages you may receive in your settlement include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Property damages
- Other out-of-pocket expenses
- Wrongful death damages if a loved one was killed in the accident
- Punitive damages
Have You Been Injured By A Drunk Driver?
If you or a loved one have been injured in a car accident caused by a drunk driver, our experienced car accident attorneys are here to help. We will aggressively fight for the compensation you deserve. To learn more about your options and to see our track record in these cases, contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation.