A drunk driving crash can change your life in a moment. One minute you may be driving home on the Las Vegas Strip, heading north on I-15, or leaving Downtown and Fremont Street, and the next you are dealing with serious injuries, a damaged vehicle, and questions about what will happen next. When you learn that the other driver was under the influence, you may feel anger and confusion on top of everything else.
Nevada law treats drunk driving seriously, but the criminal case against the impaired driver is only part of the story. Criminal charges focus on punishment and public safety, not on paying your medical bills or replacing your lost income. Your right to compensation comes through a separate civil claim, and you have to protect that claim from the very beginning if you want a fair outcome.
At Drummond Law Firm, we represent people who have been hit by drunk drivers throughout Clark County, including Las Vegas, Henderson, North Las Vegas, and Summerlin. We use disciplined investigation and trial tested strategy to pursue compensation from every responsible party, while you focus on healing and rebuilding your life.
What To Do Immediately After a Drunk Driving Accident in Nevada
The hours after a DUI crash are often chaotic. You may leave the scene in an ambulance, remain at roadside while LVMPD or Nevada Highway Patrol investigate, or find yourself standing on the shoulder of I 15 trying to make sense of what happened. Taking a few key steps, when it is safe to do so, can strengthen your legal position and protect your health.
Get Medical Care and Document Injuries
Your first priority after any serious collision is medical care. Even if you feel that you can walk away from the scene, symptoms such as head pain, dizziness, neck stiffness, or abdominal discomfort can develop later and may signal a traumatic brain injury, spinal damage, or internal trauma. Facilities such as UMC Trauma Center and Sunrise Hospital regularly treat victims of drunk driving crashes, and their records become a critical foundation for your claim.
When you receive treatment, be sure to describe the crash and all symptoms, even if they seem minor. Keep copies of discharge instructions, prescriptions, referrals, and follow up orders. These records help connect your injuries to the collision and support claims for medical bills, pain and suffering, and long term care.
Call Law Enforcement and Obtain the LVMPD or NHP Report
DUI collisions in the Las Vegas area are typically investigated by the Las Vegas Metropolitan Police Department or Nevada Highway Patrol. Officers may conduct field sobriety tests, request a breath or blood sample, and document their observations about impairment. This information can support both the criminal case and your civil claim.
If you are physically able, make sure a report is requested and ask how you can obtain the report number later. The police report will include basic details about the drivers, vehicles, witnesses, and initial fault assessment. It may also note whether officers believed alcohol or drugs contributed to the crash, which can be important when you pursue compensation.
Gather Photos, Video, Witnesses, and Vehicle Damage Details
When it is safe to do so, and only if you are medically stable, take photographs or videos of the scene. Capture the positions of vehicles, visible damage, skid marks, debris, and traffic control devices. If businesses or casinos nearby have exterior cameras facing the street, make a note of their locations, as footage may be available for a limited time.
If witnesses stopped to help, ask for their names and contact information. Their statements can confirm how the crash occurred and whether the other driver appeared impaired, speeding, or drifting across lanes. Documenting these details early helps preserve evidence that might otherwise be lost.
Avoid Recorded Statements or Quick Settlement Offers
Insurance adjusters may contact you soon after the crash, sometimes while you are still in pain or on medication. They may ask for recorded statements or offer quick settlements that seem helpful at first but fail to account for future medical needs and long term losses.
It is usually safer to avoid recorded statements for the drunk driver’s insurer and to decline early offers until you understand the full scope of your injuries. Anything you say can be used later to challenge liability or minimize damages, so it is wise to wait until you have had legal advice before discussing details with insurers.
Contact a Nevada Personal Injury Lawyer Early
An experienced Las Vegas drunk driving accident lawyer can step in early to preserve evidence, communicate with insurers, and explain how Nevada DUI laws affect your case. Early involvement allows your lawyer to send preservation letters for dashcam footage, nearby surveillance video, and critical records before they disappear. It also protects you from common tactics used to shift blame away from the drunk driver.
Why You Still Need a Lawyer Even If the Drunk Driver Is Facing Charges
Many people assume that if the police arrest the impaired driver, everything else will fall into place. Criminal charges are important, but they do not automatically pay your medical bills or lost wages, and they do not control how insurers treat your claim. Understanding why a lawyer still matters helps you avoid dangerous assumptions.
Criminal Charges Do Not Pay for Your Damages
The criminal DUI case focuses on punishment and deterrence. The Clark County District Attorney prosecutes the offense on behalf of the State of Nevada, seeking fines, license suspension, and possibly jail time. Restitution may be ordered in some cases, but it is often limited and does not fully address long term medical costs, lost earning capacity, or non economic damages such as pain and suffering.
Your civil lawsuit or insurance claim is the vehicle that allows you to seek full compensation. Without it, you may be left with only partial reimbursement despite a clear finding that the driver was impaired.
Prosecutors Represent the State, Not the Victim
The District Attorney must consider many factors when pursuing a criminal case, including available evidence, legal standards, and limited resources. Prosecutors do not act as personal attorneys for crash victims, and they do not represent you in negotiations with insurance companies.
Even when prosecutors treat you respectfully and keep you informed, their duty is to the public, not to your financial recovery. A civil lawyer fills that gap by focusing solely on your interests.
How a Lawyer Protects You During the Insurance Process
Insurers know that a DUI finding strengthens your civil claim, so they may move quickly to limit their exposure. They might dispute the severity of your injuries, argue that preexisting conditions are to blame, or suggest that you share responsibility for the crash.
A lawyer can handle all communication with insurance companies, review policy language, and build an evidence based narrative that reflects what you have actually lost. This protection is especially important when multiple insurers are involved or when the drunk driver has limited coverage.
How the Criminal DUI Case and Civil Claim Work Together
The criminal and civil sides of a drunk driving crash are separate but connected. Each can affect the other, and both rely on some of the same underlying evidence. Understanding how they fit together helps you make informed decisions about timing and strategy.
The Criminal Case: BAC Evidence and DUI Penalties
In the criminal case, prosecutors use BAC test results, officer observations, field sobriety tests, and sometimes expert testimony to prove impairment beyond a reasonable doubt. Convictions can lead to fines, license suspension, probation, or incarceration, especially if there are serious injuries or prior DUI offenses.
This evidence is often useful in your civil claim, because it supports the conclusion that the drunk driver violated Nevada law and created an unreasonable risk of harm. While the legal standards differ, the same core facts can show negligence or negligence per se in the civil context.
The Civil Claim: Compensation, Insurance, and Liability
The civil claim focuses on compensating you for your losses. You must prove that the drunk driver was negligent or reckless, that this conduct caused the collision, and that you suffered damages as a result. Evidence from the criminal case, including BAC levels and arrest records, strengthens this showing.
Insurance coverage plays a central role in the civil claim. Policies may include bodily injury liability, underinsured motorist coverage, uninsured motorist coverage, and medical payments coverage, among others. Your lawyer’s job is to map out these coverages and pursue compensation from each appropriate source.
Can You Still Sue If Criminal Charges Are Reduced or Dismissed?
Yes. The civil case is separate from the criminal matter and uses a different standard of proof. Even if the driver pleads to a lesser offense, or if the DUI case is dismissed for technical reasons, you can still pursue a civil claim based on negligence.
In civil court, you must prove your case by a preponderance of the evidence, which is a lower threshold than beyond a reasonable doubt. Evidence of impairment, unsafe driving, and rule violations can still demonstrate liability even if the criminal outcome is not what you expected.
Compensation Available After a Drunk Driving Accident in Nevada
Being hit by a drunk driver in Nevada can lead to significant physical, emotional, and financial harm. A well prepared civil claim seeks to address the full impact of the crash, not just immediate medical bills.
Economic and Non Economic Damages
Economic damages include measurable financial losses such as emergency room bills, hospital stays, surgery, physical therapy, medications, and future medical care. They also encompass lost wages, reduced earning capacity, and out of pocket costs such as transportation to treatment and home modifications.
Non economic damages address pain, suffering, emotional distress, trauma, and loss of enjoyment of life. These losses can be especially significant in serious DUI crashes, where injuries and fear of driving may linger long after the physical wounds heal.
Punitive Damages Under Nevada Law
Nevada law allows punitive damages in certain cases involving drunk driving. These damages are designed to punish particularly harmful behavior and to deter similar misconduct in the future. Driving with a high BAC, driving while intoxicated with prior DUI convictions, or causing severe injuries while impaired may all support a claim for punitive damages.
Punitive damages are separate from economic and non economic damages and can increase the overall value of your claim, depending on the facts and applicable statutory limits.
What If the Drunk Driver Has No Insurance? (UM or UIM)
In some cases, the impaired driver is uninsured or carries only minimal coverage that does not come close to covering your losses. When that happens, your own uninsured or underinsured motorist coverage may become a critical resource.
If you carry UM or UIM on your policy, you may be able to pursue compensation directly from your insurer, subject to your policy limits. MedPay coverage may also help with medical bills regardless of fault. A lawyer can help you identify and coordinate these coverages so that you are not left without options.
Wrongful Death Damages in Fatal DUI Collisions
Tragically, some drunk driving collisions result in fatalities. In these cases, certain family members may be able to pursue wrongful death claims under Nevada law. Damages can include funeral and burial expenses, loss of financial support, and loss of companionship and guidance.
Wrongful death cases require careful attention to both legal and emotional needs. A disciplined, compassionate approach helps families understand their options while navigating a difficult process.
Nevada’s Statute of Limitations for DUI Accident Claims
Time limits can have a major effect on your ability to pursue compensation. Legal deadlines and evidence windows play a significant role in the outcome of a Nevada drunk driving accident claim. Important proof can disappear quickly, and delays can limit both the strength of your case and the compensation available to you. Understanding these timelines helps you take the right steps before critical evidence is lost.
Injury Claims Under NRS 11.190
In many Nevada personal injury cases, including DUI collisions caused by negligence, NRS 11.190 provides a two year statute of limitations from the date of the injury. If you do not file a lawsuit within that period, you may lose the right to pursue your claim in court, regardless of how strong your case might have been.
There are narrow exceptions, but they are applied carefully. Because the analysis can be complex, it is safest to assume that you must act well before the two year mark.
Wrongful Death Timelines
Wrongful death claims may follow similar timelines, measured from the date of death rather than the date of the crash. As with injury claims, waiting until the last minute increases the risk that evidence will be lost and that procedural errors will occur.
Early investigation allows your legal team to gather records, secure witness statements, and prepare a complete case file long before any filing deadline arrives.
Why You Should Not Wait for the Criminal Case To End
Some victims believe they should wait until the criminal DUI case is resolved before taking civil action. In most situations, this is a mistake. Criminal cases can take months or longer, and by that time important civil evidence, such as vehicle data, surveillance footage, or witness availability, may have changed.
Your civil claim can proceed in parallel with the criminal case. In fact, early civil action can help ensure that evidence used in the criminal case is preserved and available for your attorney to review.
Can You Sue a Bar or Casino for Overserving the Driver?
Many people ask whether they can sue the bar, casino, or restaurant that served the drunk driver. Nevada law on this issue is very different from some other states, and it is important to understand its strict limitations. Dram shop concepts exist, but they are extremely narrow here.
Dram Shop Liability Under NRS 41.1305
NRS 41.1305 provides limited circumstances in which a business that serves alcohol can be liable for injuries caused by an intoxicated person. These situations usually involve serving alcohol to a minor or clearly intoxicated underage person. For adults, liability is much more restricted.
Nevada generally does not allow broad dram shop claims against establishments that serve alcohol to adults who later choose to drive. This is a key point that distinguishes Nevada from many other jurisdictions.
When Third Party Liability Might Apply
Third party liability may still exist in some fact patterns, such as negligent entrustment of a vehicle, negligent hiring or supervision by an employer, or allowing an obviously impaired person to operate a company car. Each case turns on its specific facts, and additional investigation is often required to identify all potential defendants.
Your lawyer can assess whether any third party liability theories apply, but expectations should be grounded in the reality that dram shop style claims are very limited under Nevada law.
Why Nevada Dram Shop Claims Are Extremely Limited
Nevada’s policy choices in this area focus responsibility primarily on the intoxicated driver rather than on the establishments that served them, except in narrow circumstances. While this may feel frustrating, it is the legal framework within which all Nevada DUI injury claims must operate. Understanding this helps you and your lawyer focus on the strongest available paths to recovery.
Building a Strong Civil Case After a Drunk Driving Collision
A strong civil case against a drunk driver relies on more than the fact that the driver was charged with DUI. It requires careful gathering and presentation of evidence that tells the full story of how the crash happened and how it changed your life.
Importance of BAC Evidence and Arrest Records
Evidence of blood alcohol concentration, field sobriety performance, and officer observations all support the conclusion that the driver was impaired. Arrest records, charging documents, and court outcomes can further support liability and, in some cases, claims for punitive damages.
Your lawyer will obtain and review these records, compare them with crash scene evidence, and use them to show not just that the driver violated the law, but that their impairment directly caused your injuries.
Medical Documentation and Injury Progression
Medical records are central to proving damages. Emergency room notes, imaging results, surgical reports, physical therapy records, and physician opinions about prognosis all help quantify your losses. Documentation of how your condition develops over time can demonstrate that what began as an acute injury has lasting consequences.
Keeping a simple journal of your pain levels, limitations, and missed activities can also support non economic damages by illustrating how the crash has affected your daily life.
Preserving Vehicle Damage, Photos, and Witness Statements
Vehicle damage photographs, repair estimates, and, where available, black box or event data recorder downloads can provide insight into crash forces and mechanics. Witness statements help fill in gaps and corroborate your account.
The sooner this evidence is gathered, the more reliable it tends to be. Prompt preservation efforts show insurers and juries that your case is built on solid ground.
Avoiding Mistakes Adjusters Use Against You
Insurance adjusters may look for gaps in treatment, inconsistent statements about the crash, or social media posts that seem to contradict your reported limitations. They may also highlight any suggestion that you were partially at fault in order to reduce your recovery under comparative negligence rules.
Working with an attorney helps you avoid common pitfalls, such as casual remarks in recorded statements or signing releases without understanding their consequences. A disciplined communication plan keeps you focused on recovery while your legal team handles the negotiating.
Special Considerations for Tourists and Out of State Visitors
Many drunk driving crashes in Las Vegas involve visitors who were in town for a weekend, a convention, or a vacation. Being far from home at the moment of the crash adds another layer of stress, but Nevada law still protects you, and your claim can be managed from a distance.
Nevada Law Applies Even If You Live Elsewhere
If the collision happened in Nevada, Nevada law will generally govern your claim, regardless of where you live. This includes Nevada rules on negligence, comparative fault, punitive damages, and statutes of limitations.
Understanding that Nevada law applies is important when you receive advice from people in your home state who may be more familiar with different legal rules. A Nevada based lawyer can explain how the local framework works in practice.
How Your Case Can Be Managed Remotely
Modern communication tools allow most steps of a civil claim to proceed without requiring you to be physically present in Las Vegas. Documents can be shared securely, meetings can occur by phone or video conference, and electronic signatures can be used for many key filings.
Your lawyer can appear in court on your behalf for many procedural matters. In some cases, you may need to travel for specific events, but much of the work can be handled from your home state.
What To Do After Leaving Las Vegas
Once you return home, continue following your doctors’ instructions, attend follow up appointments, and keep records of your treatment and expenses. Notify your Nevada lawyer of any changes in your condition, work status, or contact information.
You should also avoid discussing details of the crash with the drunk driver’s insurer or posting about the collision on social media. A coordinated approach between your local medical providers and your Nevada legal team helps keep your case on track.
When To Contact a Las Vegas Drunk Driving Accident Lawyer
You do not need to wait until you are overwhelmed by medical bills or insurance calls to seek legal guidance. In many drunk driving cases, the best time to contact a lawyer is as soon as you have received initial medical care and are stable enough to talk.
Early involvement allows your lawyer to help preserve key evidence, monitor the criminal case, and protect you from premature settlement offers. If you are unsure whether you need representation, a consultation can help you understand what is at stake and what the process will involve.
Call the Captain: Get Help After Being Hit By a Drunk Driver in Las Vegas
A drunk driving crash can leave you recovering from serious injuries while facing insurance issues and mounting expenses. You do not have to manage that alone. Drummond Law Firm brings disciplined preparation and trial experience to DUI injury cases across Las Vegas, from the Strip and Downtown to Henderson, North Las Vegas, and the rest of Clark County. We offer free consultations and charge no fees unless we win, and through our Reduced Fee Guarantee®, our fee will never exceed your net recovery. We also assist visitors who have already returned home by preserving evidence, coordinating medical records, and handling the Nevada claim from Las Vegas.
Call the Captain today at 702-CAPTAIN or contact us online to schedule your consultation.