People hit by drunk drivers can face serious injuries in their crashes. DUI accidents are also one of the most deadly types of crashes, leaving loved ones to pick up the pieces through wrongful death lawsuits. Making sure that you work with a lawyer who can represent your interests and help you through your case is vital.
After a DUI accident, immediately call 911 and report the crash, especially if the driver fled the scene or is being belligerent. From there, collect as much evidence as you can and call a lawyer. Our attorneys can seek full damages from the driver’s insurance company and help you get compensation if the driver was uninsured. We can also potentially lay the groundwork for additional “punitive damages” against drunk drivers.
For help with your potential case, call the Las Vegas car accident lawyers at Mitchell Rogers Injury Law today at (702) 702-2622.
What to Do After a DUI Accident
The immediate aftermath of a DUI crash is an important time to take the following steps:
- Get yourself to a safe location and clear the road to prevent a second crash, if you are able to.
- Call 911 and report the accident to the police.
- Request an ambulance response and get all necessary medical care you need, even if that means going to the hospital.
- If you can stay at the scene of the crash, collect as much evidence as you can.
Evidence to Collect
At the scene of the accident, collect the following evidence:
- The other driver’s contact, vehicle, and insurance info. If they fled the scene, see below about what to do after a hit and run DUI crash.
- The vehicle’s make, model, license plate number, etc. If you cannot get all of this because the driver fled, at least try to get a partial plate number, the car’s color, and what type of car it was (sedan, SUV, pickup truck, etc.).
- Names and contact info for any witnesses
- If anyone had a dash cam or whether any nearby security cameras might have been pointed at the accident scene
- Where the accident happened (cross-streets, nearby stores/hotels/buildings, etc.)
- Notes about the road conditions, including weather and lighting
- Whether any traffic control devices (traffic lights, signs) were present
- Photos of the accident scene, damage, and injuries.
From there, call a lawyer. There may be other evidence our Nevada car accident attorneys can collect later, such as
- Your medical records
- Security camera footage from nearby buildings
- The police’s BAC test results (blood or breath tests)
- Police reports
- Full witness depositions.
What Happens Next?
In the days after your crash, call a lawyer. Continue following up with all medical care you need to get, and allow us to continue collecting evidence and building your case.
We can worry about collecting medical records, talking to insurance companies, and beginning to negotiate damages.
Await the DUI Trial
If the defendant is also going to be charged with DUI, we typically want to let that play out first. If they are convicted of DUI or plead guilty, we may be able to use that record of conviction to help your case. We can at least potentially seek evidence from the police and have them testify in your case about their investigation.
This typically means we want the criminal case to go first, then we can resolve our lawsuit or insurance claims after that.
What Happens in a DUI Hit and Run?
Drunk drivers often know that what they are doing is wrong and dangerous, but they also might not be thinking clearly. Some drunk drivers will flee the scene, hoping they do not get caught; this can make your case harder.
Finding the Driver
DUI hit and runs often end with the driver causing another crash or eventually disabling their car or running off the road, leaving them to be caught by the police. Other times, police catch up to them and pull them over.
If this happens, we can use any evidence you have (dash cam video, a partial plate number, or your description of the car) along with the vehicle’s matching damage to link this driver to your crash and sue them as normal. If we cannot locate the driver, we may be able to proceed as though the other driver was uninsured (discussed below).
Proving Your Case
If the police can find the driver, then we can get their name and contact info, file a claim with their insurance policy, and potentially sue them. However, we now need to prove that this was, in fact, the driver who hit you.
The matching damage on the cars goes a long way toward proving that this was the car that hit you. However, if it is severely damaged because of a second or further crash the driver caused after hitting you, this damage might be clouded.
Your testimony matching the vehicle, driver, license plate number, and other details to the car that hit you can help prove this was the right driver.
Using Your Insurance
IF you have coverages on your policy – such as medical payment coverage and collision coverage – then we can use these to pay some of your damages. You may have to pay a deductible, but if we can file a claim, that can be repaid later.
If you have uninsured or underinsured motorist insurance, we can potentially use that as well (see below).
What if the Drunk Driver was Uninsured?
Some drivers who habitually drive drunk cannot get insurance, because no company is willing to cover them. This makes their driving illegal, but our primary concern is seeing that you get paid for your damages. That means looking for other sources of payment.
Suing Directly
If the driver has no insurance, Nevada law still allows you to sue them directly. If they have money and assets to pay your damages, we can go after these directly, but this is not always an option.
Using Your Uninsured Motorist Insurance
If the other driver was uninsured or you were involved in a hit and run where the driver could not be found, we can potentially use your own insurance.
Uninsured/underinsured motorist coverage (UM/UIM) is available to add on to your policy, but you need to have this in advance of your crash. It can be used to cover your accident in place of the defendant’s insurance if they did not have insurance or if their insurance is too low to cover your injuries in full.
Tapping into this may be the only way to get paid in some cases.
What Damages Can I Claim?
Drunk driving crashes typically have the same kinds of damages that you can claim in any car accident lawsuit. However, the damages are often a bit higher. This is because drunk drivers often cannot stop because of their delayed reaction speed, causing crashes at higher speeds.
Medical Bills
The bills to treat your injuries can be claimed in full. Your insurance might be able to cover some of these in the meantime while we carry out your lawsuit, but always check with a Nevada car accident lawyer about how to get these bills paid instead of potentially wasting your own money on them.
Lost Wages
If your injuries keep you from being able to attend work, you can potentially get those lost wages reimbursed. This holds true for injuries you heal from, allowing you to recoup past lost wages. It can also pay you for lost earning potential and lost future wages a total or partial disability will cause.
Property Damage
Getting your car fixed or replaced is not as important as your physical injuries, but it can still be a big part of your case that our lawyers will help you recover damages for.
Pain and Suffering
Pain and suffering damages account for the intangible harms, while the economic damages discussed above pay you back for the expenses the accident causes you. Pain and suffering can cover
- Physical pain
- Mental suffering
- Emotional distress
- Embarrassment
- Discomfort
- Disfigurement
- Lost ability
- And more.
Punitive Damages
Additional damages can be claimed against seriously dangerous defendants. This makes them pay more to punish them for intentional and reckless acts like drunk driving.
They are not always available given the evidence needed, but we can see if they would be in your case.
How Do DUI Wrongful Death Lawsuits Work in Nevada?
When someone dies in a car crash, their family can bring a wrongful death and a survival action to seek damages. These two claims are usually filed together but reimburse separate sets of damages:
Survival Action
A survival action is the victim’s lawsuit, but it is filed by their estate after their death. This recovers damages the victim could have sued for if they lived:
- End-of-life medical care
- Lost wages before death
- Punitive damages.
Wrongful Death Action
The victim’s heirs – listed in Nevada’s intestacy statute – can sue for their own damages caused by the accident and loss of their loved one:
- Lost financial support
- Lost household services
- Lost emotional support, companionship, etc.
- Grief
- Funeral and burial expenses
- The victim’s pain and suffering or disfigurement.
Who Can Sue?
Survival claims and wrongful death lawsuits are both brought by the victim’s personal representative – a person named in their will or assigned by the court. They bring the case on behalf of the estate for the survival action and on behalf of the heirs for wrongful death.
Can Unmarried Partners Sue?
Dating partners, engaged partners, and unmarried lifelong partners cannot recover as “heirs” in a wrongful death suit because they are not listed in the intestacy statute. However, they may recover a portion of the victim’s estate if they had a will that said so, allowing them to receive a share of the survival action damages.
Can You Sue Bars and Restaurants for DUI Accidents?
Many states have what is known as a “dram shop” law. These allow victims to sue bars, restaurants, and other establishments that overserve visibly intoxicated patrons who then get behind the wheel and hurt people.
In Nevada, we have no dram shop law that applies generally to DUI accidents. However, it may help in situations where an underage driver was served by a bar or restaurant, then drove a car.
FAQs for Drunk Driving Accidents in Nevada
Does Insurance Cover Drunk Driving Accidents?
Yes, insurance is required to cover car crashes their policyholders cause, even if the driver was drunk. This means that as long as the drunk driver’s insurance was active going into the crash, their insurance still has to pay.
However, after that, they might be able to raise the drunk driver’s rates or kick them off coverage. But they have to pay you for the crash while the policy was still active.
Can I Sue a Drunk Driver for a Crash?
Nevada works on a fault-based insurance system, meaning that the at-fault driver is always the one to pay for damages in a car crash. Whether you go through insurance or a lawsuit, they pay.
You can also turn to a lawsuit as early as you would like. Courts like to see that you tried to resolve cases through insurance claims first, but you do have the right to sue from the outset if you want to. This strategy can also help put pressure on the insurance company to settle.
Do I Have to Report a DUI Accident?
Any car accident involving injury needs to be reported to the police, especially if a crime like drunk driving was involved. Always call 911 after a crash, report the accident, and allow the police to investigate the DUI.
Is a DUI Injury Claim Separate from a Criminal DUI Case?
Drunk driving is a crime, but it is also something you can sue the drunk driver for if they hurt you while driving drunk. A civil injury case is separate from any criminal cases the state might bring.
You bring civil injury claims privately, while criminal cases are brought by the government. The goal of a criminal case is to punish the defendant, but the goal of your civil case is to get money damages. In many criminal DUI cases, there may be restitution for the victim, but this is not designed to cover your full damages, and a lawsuit might still be needed for that.
Call Our Car Accident Lawyers in Nevada Today
If you were the victim of a DUI crash, call (215) 826-3314 for a free case review with Mitchell Rogers Injury Law’s Boulder City, NV car accident lawyers right away.