The holiday season in Nevada is often synonymous with celebration, but for far too many, it also brings the tragedy of drunk driving accidents. If you've been a victim, you know the devastation extends beyond physical injuries—it impacts your livelihood, your peace of mind, and your future. Proving liability in a drunk driving accident is paramount to securing the compensation you deserve. As experienced trial lawyers, we understand the critical elements needed to build a winning case.
Here's how to establish liability against a drunk driver in Nevada:
1. The Police Report: Your Foundation
The immediate aftermath of a drunk driving accident is chaotic. However, calling 911 and ensuring a police report is filed is crucial. This document serves as a foundational piece of evidence. It will often contain:
Observations of Impairment: Police officers are trained to identify signs of intoxication, such as slurred speech, erratic behavior, or the smell of alcohol. These observations will be noted.
Field Sobriety Test (FST) Results: If administered at the scene, the results of FSTs (e.g., walk-and-turn, one-leg stand) provide objective indicators of impaired coordination.
Breathalyzer or Blood Test Results: These are the most compelling pieces of evidence. In Nevada, a Blood Alcohol Concentration (BAC) of 0.08% or higher is considered legally impaired. These test results are often conclusive proof of intoxication.
Citations Issued: Any citations for DUI or other traffic violations against the at-fault driver further strengthen your claim of negligence.
2. Witness Testimony: Unbiased Accounts
Eyewitnesses to the accident can provide invaluable, unbiased accounts. They might have observed:
Erratic Driving: Swerving, speeding, or running red lights before the collision.
Behavior at the Scene: The drunk driver's demeanor, speech, or actions immediately after the crash.
Visible Signs of Intoxication: Bloodshot eyes, slurred words, or difficulty standing.
Gathering contact information for any witnesses at the scene is vital. Your legal team can then follow up to secure official statements.
3. Medical Records: Documenting Your Injuries
From the moment of the accident, every medical visit, diagnosis, treatment plan, and prescription is a piece of the puzzle. Comprehensive medical records link your injuries directly to the accident and demonstrate the extent of your suffering and financial losses. This includes not only immediate emergency care but also ongoing rehabilitation, therapy, and any future medical needs. Even if you feel fine initially, seek medical attention immediately, as some injuries may not manifest symptoms right away.
4. Accident Scene Documentation: Visual Proof
If you are physically able and it is safe to do so, gather visual evidence at the scene. This includes:
Photographs and Videos: Capture vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries you or your passengers sustained. If the other driver shows signs of intoxication, try to discreetly record their speech or behavior.
Location Details: Note the exact time, date, and location of the accident, along with weather conditions.
Even if you couldn't take photos at the scene, an experienced legal team can often obtain surveillance footage from nearby businesses or traffic cameras, which can provide critical visual proof.
5. Criminal Conviction for DUI: A Powerful Tool
If the drunk driver is criminally convicted of DUI for the same incident, this can significantly bolster your civil personal injury claim. A criminal conviction often serves as strong evidence of their impairment and negligence in the civil case, making it easier to prove liability.
Important Note on Dram Shop Laws in Nevada:
It's crucial to understand that Nevada has no "dram shop" laws that hold bars, restaurants, or other establishments liable for serving alcohol to visibly intoxicated patrons who then cause an accident. The focus in Nevada is primarily on the individual accountability of the drunk driver. However, there is a caveat: if a social host knowingly provides alcohol to an underage drinker (under 21) who then causes an accident, that social host can be held liable.
Your Path to Justice: Las Vegas Drunk Driving Accident Attorneys
Proving liability in a drunk driving accident case requires meticulous investigation, expert legal knowledge, and a commitment to holding negligent parties accountable. Don't navigate this complex process alone. If you or a loved one has been harmed by a drunk driver, you need aggressive legal representation from Christiansen Trial Lawyers. We understand Nevada law and have a proven track record of securing maximum compensation for victims. We are prepared to fight for you.
Contact us today for a free consultation at (702) 357-9977 and let us help you pursue the justice and recovery you deserve.