We know that being hit by a drunk driver in Las Vegas can instantly shatter your sense of safety and well-being. The aftermath of such an incident often leaves victims grappling with severe injuries, mounting medical bills, and profound emotional trauma. When you’re facing such a devastating situation, you need experienced legal advocates by your side. At Hansen & Harmon Injury Law, our dedicated team, led by Kevin R. Hansen and Amanda A. Harmon, understands the unique challenges victims face after a DUI accident in Nevada. For over 30 years, we have been committed to helping individuals and families recover the full and fair compensation they deserve.
If you or a loved one has been impacted by an intoxicated driver, navigating the legal system can feel overwhelming. Our Las Vegas drunk driving accident lawyers are here to guide you through every step of the recovery process, ensuring your rights are protected and the responsible parties are held accountable. We work on a contingency fee basis, meaning you pay no legal fees unless we win your case.
What to Do If You’re Hit By a Drunk Driver in Las Vegas
The moments immediately following an accident with a suspected drunk driver can be chaotic and frightening. Taking the right steps can significantly impact your ability to seek justice and compensation later. Your safety and well-being should always be your top priority.
Report Suspected Impairment to Authorities
If you suspect the driver who hit you is under the influence of alcohol or drugs, it is critical to inform the police immediately. Even if authorities are already on the scene, make sure to voice your concerns to the responding officers. This information can be crucial for their investigation and potential DUI charges against the at-fault driver.
Beyond reporting suspicions, remember to gather as much information as possible at the scene, if it is safe to do so. This includes taking photos of the vehicles and the accident scene, collecting contact information from witnesses, and noting any visible injuries. However, never jeopardize your safety or interfere with emergency personnel.
Seek Immediate Medical Attention
Your health is paramount after any car accident, especially one involving a drunk driver. Even if you feel fine, or your injuries seem minor, it is crucial to see a medical professional as soon as possible. Adrenaline can mask pain, and some serious injuries, like whiplash or internal trauma, may not manifest symptoms until hours or even days later.
A prompt medical evaluation ensures you receive any necessary emergency care and creates an official record of your injuries. This documentation is vital for your personal injury claim, linking your injuries directly to the drunk driving accident. Hansen & Harmon Injury Law can help you navigate getting the treatment you need without immediate out-of-pocket costs, often through liens or your health insurance.
Understanding Nevada’s Drunk Driving Laws
Nevada has strict laws concerning drunk driving, designed to deter impaired individuals from getting behind the wheel. Understanding these laws is important for victims pursuing a personal injury claim.
Nevada’s Legal BAC Limits
In Nevada, the legal blood alcohol concentration (BAC) limit for drivers aged 21 and over is 0.08%. For commercial drivers, this limit is lower at 0.04%, and for drivers under 21, it is 0.02%. Driving with a BAC above these limits is illegal per se.
It’s important to note that a driver can still face DUI charges even if their BAC is below the legal limit if an officer determines they are impaired and unable to safely operate their vehicle. This applies to impairment from alcohol, illicit drugs, or even prescription medications that affect driving ability. Our Las Vegas drunk driving attorneys are adept at proving impairment regardless of BAC levels.
Nevada’s Dram Shop Laws and Your Rights
Many states have “dram shop laws” that allow victims to hold businesses, such as bars or restaurants, liable for serving alcohol to visibly intoxicated patrons who then cause an accident. Unfortunately, Nevada’s dram shop laws are highly restrictive.
Under Nevada law (NRS 41.1305), a business that serves alcohol to an adult aged 21 or older is generally not liable for damages caused by that person. There is a limited exception for serving alcohol to underage individuals. While these laws present challenges, Hansen & Harmon Injury Law will thoroughly investigate every aspect of your case to identify all potentially responsible parties and explore every avenue for compensation.
Seeking Punitive Damages in Las Vegas DUI Accidents
In cases where a drunk driver’s actions are particularly reckless or egregious, Nevada law allows for more than just compensation for your injuries. Under NRS 42.010, victims injured by a drunk driver may be eligible to recover punitive damages.
Punitive damages are not meant to compensate for losses but rather to punish the wrongdoer and deter similar reckless behavior in the future. These additional monetary awards reflect society’s condemnation of drunk driving. Our experienced Las Vegas drunk driving accident lawyers will meticulously build your case to demonstrate the egregious nature of the at-fault driver’s actions and pursue all available damages, including punitive damages, where applicable.
Wrongful Death Caused by a Drunk Driver in Nevada
Tragically, drunk driving remains a leading cause of fatal accidents, leaving families in Las Vegas and across Nevada devastated. The loss of a loved one due to a drunk driver’s negligence is an unbearable burden, compounded by unexpected financial strains and emotional anguish.
If you have lost a family member because of an impaired driver, you may be entitled to seek justice through a wrongful death lawsuit. While no amount of money can replace your loved one, a wrongful death claim can help you recover compensation for funeral expenses, medical bills, lost income, and the profound emotional suffering your family endures. Kevin R. Hansen and Amanda A. Harmon bring over three decades of experience to these sensitive cases, providing compassionate and aggressive representation to secure the justice and financial relief your family deserves.
Hansen & Harmon Injury Law: Your Advocates After a Drunk Driving Accident
Being hit by a drunk driver in Nevada is a traumatic experience that can have lasting physical, emotional, and financial consequences. You shouldn’t have to face the legal battle alone while trying to heal. The attorneys at Hansen & Harmon Injury Law are committed to providing personalized, aggressive legal representation to victims of drunk driving accidents.
With over 30 years of experience, we know how to stand up to insurance companies and fight for the maximum compensation possible for your medical expenses, lost wages, pain and suffering, and other damages. Remember, we work on a contingency fee basis, so you pay nothing unless we successfully resolve your case. Let us handle the legal complexities so you can focus on your recovery.
Contact Hansen & Harmon Injury Law today for a FREE consultation. Call (702) 478-7777.
What should I do immediately after being hit by a drunk driver in Nevada?
Call 911 right away to report the accident and request medical assistance. Make sure law enforcement responds to the scene, as a police report documenting the driver’s intoxication is critical to your case. Seek medical care even if you feel fine — some injuries appear hours or days later. Gather evidence if you can safely do so, including photos of the scene, vehicle damage, and witness contact information.
Can I sue a drunk driver in Nevada for my injuries?</strong>
Yes. Nevada law allows victims of drunk driving accidents to file a personal injury claim against the at-fault driver. Because drunk driving is considered grossly negligent conduct, you may be entitled to compensatory damages (medical bills, lost wages, pain and suffering) as well as punitive damages, which are designed to punish the wrongdoer and deter similar behavior.
Does Nevada’s dram shop law allow me to sue the bar that served the drunk driver?
Nevada has a limited dram shop law under NRS 41.1305. Generally, alcohol vendors are not liable for injuries caused by intoxicated patrons unless they served alcohol to a person who was visibly intoxicated or to a minor. If either situation applies, you may have a claim against the establishment in addition to the driver.
How long do I have to file a personal injury claim in Nevada after a drunk driving accident?
Nevada’s statute of limitations for personal injury claims is two years from the date of the accident (NRS 11.190). If you miss this deadline, you will likely lose your right to seek compensation entirely. It’s important to consult with an attorney as soon as possible so evidence is preserved and your claim is filed on time.
What compensation can I recover if I was hit by a drunk driver in Nevada?
You may be able to recover a wide range of damages, including past and future medical expenses, lost income and reduced earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving a drunk driver, Nevada courts may also award punitive damages, which can significantly increase the total amount of compensation you receive.