Being hit by a drunk driver is one of the most devastating and preventable accidents on Nevada roads. When an intoxicated driver causes a crash in Las Vegas or Clark County, victims have legal rights that go beyond a standard car accident claim. Nevada law allows DUI accident victims to pursue punitive damages in addition to full compensatory damages — holding drunk drivers accountable not just for the injuries they caused, but for the reckless choice that led to them.
Marathon Law Group represents DUI accident victims throughout Las Vegas, Henderson, and Clark County. Evidence in these cases — including surveillance footage and toxicology records — must be preserved immediately, which is why contacting an attorney as soon as possible after the crash matters.
Nevada DUI Law and Civil Liability
In Nevada, driving with a blood alcohol content of 0.08% or higher is illegal under NRS 484C.110. When a driver violates this law and causes an accident, that criminal violation is powerful evidence of negligence in your civil personal injury claim.
You do not need to wait for the criminal case to be resolved before pursuing your civil claim. A criminal DUI prosecution and a civil personal injury claim are completely separate proceedings under Nevada law. Marathon Law Group can file your civil claim immediately after the accident, independent of whatever happens in criminal court — and the outcome of the criminal case does not determine the outcome of your civil case.
Punitive Damages in Nevada DUI Cases
Nevada courts can award punitive damages against drunk drivers under NRS 42.005. Unlike compensatory damages — which are designed to cover your actual losses — punitive damages are meant to punish the drunk driver for their conduct and deter others from similar behavior.
To recover punitive damages, you must show that the drunk driver acted with oppression, fraud, or malice. In DUI accident cases, courts and juries consider factors such as a particularly high BAC — especially above 0.15% — prior DUI convictions, and other evidence of conscious disregard for the safety of others. When these factors are present, punitive damages can significantly increase your total recovery above standard compensation.
Dram Shop Liability in Nevada
Nevada law under NRS 41.1305 allows injured victims to hold a licensed alcohol vendor liable when that vendor sold or served alcohol to a person who was visibly intoxicated, and that person then caused injury to a third party. This is commonly known as dram shop liability.
These claims require specific evidence — including witness accounts, surveillance footage of the establishment, receipts, and expert testimony — and are pursued separately from your claim against the drunk driver. Not every DUI accident involves a viable dram shop claim, but when a bar, restaurant, or other licensed vendor contributed to the crash by continuing to serve a visibly intoxicated patron, they may share in the liability.
What to Do After Being Hit by a Drunk Driver
- Call 911 immediately. Police documentation of suspected DUI — including field sobriety tests and BAC results — is critical evidence for your civil claim.
- Request that police conduct sobriety testing on the other driver if they have not already done so.
- Seek emergency medical treatment, even if you feel okay. Symptoms from serious injuries can take hours or days to appear.
- Get contact information from any witnesses before they leave the scene.
- Photograph the accident scene, vehicle positions, and your visible injuries.
- Do not speak with the drunk driver’s insurance company before consulting an attorney.
- Contact Marathon Law Group as soon as possible. The sooner we can act, the better your chances of preserving surveillance footage, toxicology records, and other time-sensitive evidence.
Insurance Coverage in Nevada DUI Cases
Most drunk drivers carry auto insurance, but their policy limits may not be sufficient to cover serious injuries. Marathon Law Group identifies all available insurance coverage in every DUI accident case, including the drunk driver’s liability policy, any applicable dram shop coverage if alcohol was served by a licensed establishment, and your own uninsured or underinsured motorist (UM/UIM) coverage if the at-fault driver’s limits fall short of your damages.
Nevada follows a modified comparative negligence rule under NRS 41.141. As long as you are not more than 50% at fault for the accident, you may still recover damages. In DUI cases, the drunk driver almost always bears primary fault — but insurance defense teams may still attempt to assign a portion of blame to you to reduce their payout.
Why You Need an Attorney After a DUI Accident in Las Vegas
Insurance companies representing drunk drivers often attempt to minimize claims and delay payment. Adjusters may contact you within days of the accident seeking a quick, low settlement — before you understand the full extent of your injuries or your legal rights. This is especially common in DUI cases where the insurer knows the drunk driver has significant exposure.
Marathon Law Group handles all communications with the at-fault driver’s insurer so you never have to negotiate directly with insurance adjusters. We document every element of your damages carefully, consult with medical experts to establish the long-term impact of your injuries, and pursue every available avenue of recovery — including punitive damages and dram shop liability when the facts support it.
Compensation Available for DUI Accident Victims in Nevada
DUI accident victims in Nevada may recover both compensatory and punitive damages. Compensatory damages cover all actual losses, including emergency room treatment, hospitalization, surgeries, ongoing medical care, physical therapy, prescription medications, lost wages, and future lost earning capacity if your injuries are permanent.
Pain and suffering, emotional distress, and loss of enjoyment of life are also compensable, and Nevada imposes no cap on non-economic damages in personal injury cases. On top of compensatory damages, punitive damages under NRS 42.005 may be available when the drunk driver’s conduct meets the standard of oppression, fraud, or malice — which is frequently established in serious DUI cases.
Frequently Asked Questions
Can I sue a bar or restaurant that served the drunk driver?
Potentially, yes. Under NRS 41.1305, Nevada allows claims against licensed alcohol vendors who serve a visibly intoxicated person who then causes injury to a third party. These claims require specific evidence and are separate from your claim against the driver. Not every case supports a dram shop claim, but Marathon Law Group evaluates this avenue in every DUI accident case.
What if the drunk driver was arrested or convicted?
A DUI arrest or conviction significantly strengthens your civil claim. However, you can pursue your civil case regardless of whether the driver is convicted, charged, or pleads to a lesser offense. The criminal and civil proceedings are independent of each other.
How long do I have to file a DUI accident claim in Nevada?
Nevada’s statute of limitations for personal injury claims is two years from the date of the accident under NRS 11.190(4)(e). Do not wait — surveillance footage, toxicology records, and other critical evidence must be preserved immediately after the crash, well before any legal deadline.
Why Choose Marathon Law Group
Marathon Law Group has extensive experience representing DUI accident victims throughout Las Vegas and Clark County. We know how to build a compelling civil case using the drunk driver’s criminal record, BAC results, and toxicology evidence. Our attorneys pursue every avenue of recovery — including punitive damages and dram shop liability — to maximize compensation for our clients.
If you were injured by a drunk driver in Las Vegas or Clark County, contact Marathon Law Group for a free consultation. We handle DUI accident cases on a contingency fee basis — no fees unless we win.
This blog post is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is different. Please consult a licensed Nevada attorney for advice specific to your situation. Prior results do not guarantee a similar outcome.