Drunk Driving Accidents
Drowsy Driver Accident Attorneys in Las Vegas
Fighting For Drunk Driving Accident Victims in Nevada
When is a Driver Considered to Be Driving Under the Influence?
In all 50 states, including Nevada, it is illegal to drive a vehicle with a blood alcohol content level of .08 or above. Individuals who are driving under the influence of drugs, both legal/prescription or illicit/illegal, are also breaking the law.
According to the Centers for Disease Control, last year alone, more than one million drivers were arrested for driving under the influence of alcohol, drugs, and narcotics.
In addition:
- 29% of all United States traffic deaths are the result of alcohol-related crashes
- 16% of crashes involve legal or illegal drugs other than alcohol
The U.S. Department of Transportation, and the Bureau of Transportation Statistics report that:
- Three people are killed in alcohol-related crashes every two hours
- Last year, an estimated four million adults in the United States reported driving under the influence of alcohol at least once
The National Highway Traffic and Safety Administration adds that last year:
- Deaths and damages from driving under the influence cost over $44 Billion per year
- Total deaths reported: 10,497
The NHTSA, State of Nevada Data reveals there were:
- 624 DUI arrests last year
- 97 fatalities involving a driver with a blood alcohol content at or above .08
What Should I Do if I Suspect the Driver Who Caused My Accident is Under the Influence?
Common Injuries in Drunk Driving Accidents
When a driver who is negligently operating a vehicle causes an accident, the injuries can be substantial and life-changing for the other party.
The most common personal injuries associated with DUI accidents include:
- Broken bones
- Burns and scarring
- Back and neck injuries
- Head injuries, including traumatic brain injuries
- Amputations
What Damages Could Be Recovered in a Drunk Driving Accident Claim?
Potential damages may include:
- Medical Expenses: Drunk driving accident injuries often require extensive medical treatment, which includes emergency care, surgeries, hospital stays, rehabilitation, and ongoing therapy. Claimants can seek compensation for current and future medical expenses that are directly linked to the accident. This also includes specialized equipment, such as wheelchairs or prosthetics, necessary due to injury.
- Lost Wages and Loss of Earning Capacity: Serious injuries frequently prevent victims from returning to work immediately, and some may never regain their previous earning potential. Compensation for lost wages includes income you missed during recovery, while loss of earning capacity addresses the future financial impact if you cannot return to your previous occupation or work hours.
- Pain and Suffering: Physical pain and emotional distress following a drunk driving accident can be very significant. Nevada law allows accident victims to recover damages for both physical and emotional suffering, encompassing anxiety, depression, and other psychological impacts that affect your quality of life. Your injuries’ severity and long-term nature often determine the amount granted for pain and suffering.
- Property Damage: In many drunk driving accidents, victims’ vehicles and personal belongings sustain considerable damage. Compensation for property damage includes the cost of restoring or replacing your vehicle and any other items damaged in the accident.
- Punitive Damages: Unlike compensatory damages, punitive damages are intended to punish the at-fault driver and deter future misconduct. Nevada courts may award punitive damages in cases where the driver’s actions demonstrated extreme negligence or recklessness, like driving while heavily intoxicated. While not available in every case, punitive damages can significantly increase the overall award and serve as a measure of justice for the victim.
- Loss of Consortium: As a result of the victim’s injuries, spouses or close family members may experience a loss of companionship. These damages, known as loss of consortium, recognize the emotional and relational impact on the victim’s family and loved ones.
How Our Drunk Driving Accident Attorney Can Help You
Being injured by a negligent driver can change your and your family’s life instantly. Pursuing the individual alone can be time-consuming and fraught with dead ends that lead to their insurance company pressuring them to take a lesser settlement than they deserve.
At Bertoldo Carter Smith & Cullen, our Las Vegas drunk driving accident attorneys will take the lead in:
- Communicating with the negligent driver, their attorney, and insurance representatives
- Compiling a thorough investigation of your injuries, including current and future medical needs
- Providing an in-depth analysis of your lost wages, now and going forward
- Outlining your overall recovery needs and pursuing each of the negligent driver’s resources to capture the best financial outcome available for your case
Our attorneys can examine the circumstances of your accident, identify the cause or causes of your injuries, and determine whether a potential claim for car collision compensation exists under the situation. If you are entitled to compensation, we can help you gather evidence, and represent you before insurance companies or before a jury in order to recover the amount that you legally deserve.
The value of compensation from a DUI car accident may include the costs of all your past and/or future medical bills, lost wages if you were unable to work because of your injuries, future lost wages if you will continue to miss time from work and damages for your pain and suffering.
Are Criminal Drunk Driving Charges Separate From Your Personal Injury Case?
If you have been hit by a drunk driver in Las Vegas, and the alleged impaired driver was arrested by the Las Vegas Police Department, it marks the beginning of their criminal legal trouble.
However, the drunk driver’s criminal case has nothing to do with your insurance claim or the legal pursuit of the financial recovery you deserve for the damages he or she caused.
Certainly, because drunk driving is against the law, the driver’s recklessness is typically deemed negligent as a matter of negligence per se, which is a segment of the legal doctrine.
As the injured driver, you will still need to take action to recover the compensation you deserve for your medical care, lost wages, and other miscellaneous expenses that were incurred because of the crash.
Contact Our Drunk Driving Accident Lawyer in Las Vegas Today
With the help of the accomplished DUI attorneys at Bertoldo Carter Smith & Cullen, the time between accident and recovery will be expedited compared to pursuing the driver on your own. Our accident attorneys have immediate access to police reports, arrest records, medical reports, and financial records that allow our lawyers to build a case against the negligent driver immediately.
All cases differ, and each outcome is based on the overall circumstances, injuries, and details extracted from the accident.
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