All car accidents are terrifying and traumatic, but few are as distressing as a drunk driving accident. When a car accident victim in Henderson or elsewhere in Nevada realizes that their injuries and trauma were preventable if only another driver had made better choices, it’s devastating.
While nothing can erase the injuries and anxiety, a successful compensation claim against the at-fault driver provides victims with financial accountability and a sense of true justice.
Contact our compassionate Henderson car accident attorneys at Bay Law for experienced legal counsel on your drunk driving accident claim.
Why Select Bay Law as Your Drunk Driving Accident Attorneys In Henderson?
At Bay Law, we mean business when we say “Winning Is No Accident.” We offer significant advantages when you choose Bay Law, including the following:
- A free case consultation and contingency-based payment so you pay nothing until after we obtain a settlement or court award in your case
- An attorney dedicated to providing an individualized strategy for optimal results in your case rather than taking a cookie-cutter approach that might not align with your goals
- Open communication so you’re always involved and up to date on the progress of your case
- The resources, skills, and experience of an entire legal team fighting for financial accountability in your drunk driving accident case
No one should undertake a challenging legal endeavor while also suffering from the trauma of a serious accident. Unfortunately, insurance companies may try to shift the blame to you to reduce the amount of your claim. Assertive legal representation protects your rights and best interests.
Table of Contents
- Why Choose Bay Law?
- How Alcohol Affects the Ability to Drive
- What to Do After an Accident with a Drunk Driver
- Who is Responsible for a DUI Accident?
- Damages That Can Be Recovered
- Nevada’s Modified Comparative Fault Rule
- What to Expect During a Drunk Driving Accident Case
- Contact a Henderson Drunk Driving Accident Attorney
How Alcohol Affects the Ability to Drive
According to the CDC, nearly a million drunk driving arrests are made each year. Despite stringent laws, drunk driving accidents continue to cause injuries and fatalities, including in Nevada. Studies show that driving with a blood alcohol concentration (BAC) of 0.8% or higher significantly impairs driving ability.
Depending on the driver’s weight and alcohol tolerance, impairment may occur even with a lower BAC. Alcohol has the following adverse driving impacts:
- Vision problems such as blurred vision, reduced peripheral awareness, or double vision
- Slower reaction times
- Impaired decision-making and judgment
- Over-confidence
- Drowsiness
- Reduced focus and concentration
- Impaired ability to retain position in the correct driving lane
Impaired drivers often speed, drive aggressively, or take risks that they wouldn’t consider while sober. They may also be so cognitively impaired that they lose awareness of their actions, fall asleep at the wheel, or make critical mistakes such as entering a divided highway in the wrong direction.
What to Do After an Accident With a Drunk Driver
After a drunk driver causes an accident you may be unable to take any purposeful action except waiting for help; however, if you or an uninjured companion or bystander can use a cell phone safely, there are important steps you can take to protect your physical and financial future.
After a drunk driving accident, do the following:
- Call 911 to report the accident and avoid confronting the drunk driver
- Use your phone’s camera to take photos or videos of the damaged vehicles, the drunk driver’s actions, and the accident scene
- Record a brief account of what you remember about the accident while it’s fresh in your mind
- Add the contact information of any eyewitnesses to the accident
- Inform the police that you believe the other driver is inebriated
Always go directly to a hospital from an accident scene and undergo a full medical evaluation as well as treatment for obvious emergency injuries. Ask for a detailed medical report and then follow your doctor’s instructions carefully.
The police report and medical report become critical evidence in a drunk driving accident claim for compensation.
Who Is Responsible for a DUI Accident?
In Nevada, a driver who causes an accident is liable for the damages—typically through their auto insurance.
When a police report and other evidence prove that a driver was drunk or otherwise impaired, they are typically fully responsible and liable for the damages unless the injury victim made a driving error or other mistake that caused or contributed to the accident.
Damages That Can Be Recovered After a Drunk Driving Accident
Injuries quickly become costly, especially serious injuries that prevent a prompt return to the workforce. Some injuries have life-altering adverse impacts.
Drunk driving accident victims often recover compensation for car accident damages such as the following:
- Property damage for vehicle repair or replacement
- Past and future medical expenses
- Out-of-pocket costs
- Lost income
- Future income loss or reduced earning ability
- Compensation for pain and suffering
- Other non-economic damages that might apply in individual cases, such as diminished quality of life, disfigurement, loss of limb, the loss of one of the senses, or PTSD
- Wrongful death benefits if the accident caused the death of a family member
Experienced representation in a drunk driving accident claim increases the chances of obtaining the maximum compensation available.
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Nevada’s Modified Comparative Fault Rule
Like most states, Nevada has a fault-based insurance system for car accident claims. Under the modified comparative negligence rule, an accident victim may recover compensation even if they contributed to the cause of the accident as long as they are less than 51% at fault.
If an injury victim contributed to the accident or the severity of the injury, the amount of compensation they recover is reduced by their percentage of fault. For example, if the drunk driver’s insurance company assigns you 20% fault for the accident because you were exceeding the speed limit, they can reduce a $100,000 claim to $80,000.
Unfortunately, Nevada’s modified comparative fault law may incentivize the insurance company to shift blame to you unless you have the legal protection of a Henderson drunk driving accident attorney from Bay Law safeguarding your best interests.
What to Expect During a Drunk Driving Accident Case
Nevada’s criminal justice system focuses on punishing the drunk driver and deterring repeats of the dangerous behavior; however, it’s the state’s civil court system that provides injury victims with a means of financial compensation for their losses. During a Henderson Nevada drunk driving accident claim, your attorney from Bay Law will do the following:
- Investigate all aspects of the accident and document evidence of the impaired driver’s liability
- Carefully calculate your damages to maximize your recovery
- Present a strong, evidence-backed demand letter to the at-fault driver’s insurance company
- Negotiate the largest possible settlement or go to court if the insurance company wrongfully disputes, delays, undervalues, or denies your claim
Nearly 95% of drunk driving accident claims end with a settlement; however, if your case requires court litigation, your lawyer from Bay Law will ensure that you are fully prepared and is ready to present a well-executed case for your full and fair compensation.
Get In Touch With a Drunk Driving Accident Attorney In Henderson
Even if the drunk driver who caused your accident is fully prosecuted, your sense of justice should demand financial accountability to recover your losses.
Contact our drunk driving accident lawyers at Bay Law Injury Attorneys for experienced, compassionate representation that gets favorable results.