Las Vegas Drunk Driver Car Accident Lawyers
Hit by a drunk driver in Las Vegas?
Drunk driver auto accidents are unfortunately very common in Las Vegas.
The unique nature of Las Vegas as the self-proclaimed “entertainment
capital of the world,” centered around the city’s nightlife
and partying, ensures that people drink alcohol in excess amounts, may
end up getting behind the wheel of an automobile, and cause an accident.
Tragically, people are seriously hurt in Clark County every day because
of drunk driving car accidents. In addition to the injuries caused by
drunk drivers, every month
people are killed on Las Vegas roadways by drivers who drink and drive. Regardless of the
laws put in place to combat the problem, drunk driving accidents continue
to plague Southern Nevada.
free initial case consultation online or by calling 702-904-8858!
Drunk Driver Car Accident Personal Injury Claims
Many people when injured by an automobile driver who drinks and drives,
fail to realize that they have certain rights of recovery beyond those
of a typical
car accident. Fortunately, Nevada law provides victims of drunk driving accidents with
tools that can significantly assist their
personal injury case against a drunk driver.
Drunk Driving Conviction Can Be Used To Establish Civil Liability
If a drunk driver who causes an accident is convicted for driving while
under the influence of alcohol, a person suing the drunk driver for personal
injuries can use the conviction for purposes of
establishing civil liability. For example, NRS 41.133 provides the following:
“If an offender has been convicted of the crime which resulted in
the injury to the victim, the judgment of conviction is conclusive evidence
of all the facts necessary to impose civil liability for the injury.”
Within the context of drunk driving car accidents, this statute creates
a presumption that a person convicted of drunk driving is civilly liable
to a victim injured in a car accident caused by the drunk driver.
Generally, the only remaining issue in a drunk driving accident case would
be the extent of the damages which the victim suffered (i.e., what are
their medical bills, what is the amount to be awarded for pain and suffering, etc).
This Nevada statute makes it much easier for victims to bring successful
personal injury actions against drunk drivers who cause their injuries.
Drunk Driver Accident Victims in Las Vegas Can Recover Punitive Damages
Another tool that can be used to successfully bring a personal injury case
against drunk drivers is NRS 42.010. This statute provides:
“In addition for breach of an obligation, where the defendant caused
an injury by operation of a motor vehicle…after willfully consuming
or using alcohol or another substance, knowing that the defendant would
thereafter operate a motor vehicle, the plaintiff, in addition to the
compensatory damages, may recover damages for the sake of example and
by way of punishing the defendant.”
In other words, so long as it is proven that the driver who caused the
car accident was impaired by alcohol or drugs while operating the vehicle,
the person who is injured may recover punitive damages in his or her civil
lawsuit. This statute bypasses the usual requirements pertaining to punitive
damages and makes the consideration of punitive damages in drunk driving
auto accidents virtually automatic.
These Cases Require a Lawyer Who Specializes In Drunk Driver Car Accident Cases
Impaired or drunk driver car accident situations require a trial lawyer
who understands the unique nature of such cases. There are many issues
pertaining to these types of cases which are specialized and require a
background in multiple disciplines. Crash reconstruction, toxicology,
and the science related to traumatic medical injuries, are just some of
the issues that frequently come into play.
The Las Vegas injury lawyers at
Oronoz, Ericsson & Gaffney LLC have extensive expertise in all issues pertaining to drunk driver car
accidents. Our commitment to winning cases and obtaining substantial recoveries
for our clients is second to none. We are committed to winning your case
and helping you achieve all that you deserve from your lawsuit.
If you or a loved one is injured by a drunk driver,
call our Las Vegas injury firm immediately.