Being injured by a drunk driver is one of the most infuriating experiences an accident victim can have — because the harm was entirely preventable. In Nevada, accidents caused by drivers under the influence of alcohol or drugs are treated differently than standard negligence cases, opening doors to additional compensation that wouldn’t be available in an ordinary car accident claim. A Las Vegas drunk driving accident attorney at Marathon Law Group pursues every avenue of recovery for victims of DUI crashes in Nevada.
Injured in Las Vegas? Call Marathon Law Group at (702) 522-1808 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Nevada’s DUI Laws and Their Civil Implications
Nevada law makes it illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while impaired to a degree that affects safe driving — even below the 0.08% threshold. When a driver violates Nevada’s DUI statute and causes an accident, that statutory violation is evidence of negligence per se in the civil case: the violation itself establishes a breach of the legal duty of care without needing to separately prove the specific driving conduct was unreasonable. A DUI arrest and conviction — or even a test showing the driver was over the limit — provides powerful documentary evidence for your personal injury claim.
Punitive Damages Against Drunk Drivers in Nevada
One of the most significant differences between a DUI accident case and a standard negligence case in Nevada is the availability of punitive damages. Nevada allows punitive damages when a defendant’s conduct constitutes “oppression, fraud, or malice” — and courts have consistently found that choosing to drive while intoxicated constitutes malicious or reckless conduct sufficient to support punitive damages. Punitive damages are awarded in addition to compensatory damages (medical bills, lost wages, pain and suffering) and are intended to punish the drunk driver and deter similar conduct. Nevada caps punitive damages at three times compensatory damages or $300,000, whichever is greater — meaning in a serious injury case, punitive damages can significantly increase total recovery.
Nevada Dram Shop Liability
In some DUI crash cases, liability extends beyond the drunk driver to the establishment that served them. Nevada’s dram shop liability statute (NRS 41.1305) allows an injured third party to sue a licensed establishment — a bar, restaurant, casino, or other licensee — that served alcohol to a person who was visibly intoxicated, or to a person under 21, and who subsequently caused injury while driving. Dram shop claims can be particularly significant in Las Vegas, where casino bars and resort establishments may have served substantial amounts of alcohol to a driver before the crash. These claims add another layer of liability insurance — commercial liquor liability policies — to the recovery pool.
The Parallel Criminal Case
A DUI crash typically results in criminal prosecution of the at-fault driver alongside your civil case. These proceedings are independent — the criminal case is handled by the state, and your civil case is handled by you and your attorney. A criminal conviction is strong evidence in the civil case (and a guilty plea can be particularly useful). However, the civil case should not wait for the criminal proceedings to conclude — valuable evidence (blood alcohol test results, officer observations, BAC reports) needs to be obtained promptly, and the civil statute of limitations runs independently of the criminal timeline.
What to Document After a DUI Crash in Nevada
If you are injured in a crash with a suspected drunk driver, document everything available at the scene: call 911 so police respond and conduct field sobriety and BAC testing; photograph the scene and the other vehicle; get the names of any witnesses who observed the driver’s behavior before, during, or after the crash; and note the presence of alcohol containers or any observable signs of intoxication. The police report and the officer’s observations of the driver’s condition are critical evidence. Your attorney can obtain the driver’s BAC test results, arrest records, and any restaurant or bar surveillance footage showing the driver being served prior to the crash.
Contact Marathon Law Group After a Las Vegas DUI Crash
Drunk driving accident victims in Nevada deserve maximum compensation — including punitive damages when available. Marathon Law Group fights for DUI crash victims throughout Clark County. Call (702) 522-1808 for a free consultation about your rights.
If you or a loved one has been injured, contact our experienced Las Vegas car accident attorney at Marathon Law Group. We offer free consultations and only get paid when you win.
For more information about your legal options, visit our Nevada personal injury practice area page or contact us today for a free consultation. You should also be aware of the Nevada personal injury statute of limitations to protect your rights.