DUI Accident Law

How common is DUI?

Unfortunately, driving under the influence is a common issue in the United States. According to the National Highway Traffic Safety Administration (NHTSA), about 32 people die per day in drunk driving crashes. It estimates that about 30% of all traffic fatalities in the U.S. are caused by drunk driving.

Of course, fatalities are not the only problem caused by drunk driving. These accidents also often result in mild to serious injuries, including broken bones, head trauma, and back and spinal cord injuries. The physical, emotional, and financial toll of a DUI accident can be overwhelming for victims and their families.

How does drunk driving affect others?

Obviously, drunk driving affects more than just the impaired driver. It also affects innocent individuals who share the road with them. Here are just a few far-reaching consequences these actions can have:

• Injuries and fatalities: DUI accidents often result in severe injuries and fatalities for innocent victims. Pedestrians, passengers, cyclists, and other drivers who are involved in a DUI accident may suffer life-altering injuries or lose their lives.

• Emotional trauma: Being involved in a DUI accident can cause severe emotional trauma for victims and their families. Physical injuries, distress, and the loss of a loved one can leave lasting trauma, affecting a victim’s mental health. This can also lead to difficulties that might include anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological disorders.

• Financial burden: The financial impact of a DUI accident can be huge. Victims may face medical expenses, rehabilitation costs, lost wages, and property damage, etc. This can cause overwhelming financial strain for victims and their families. A personal injury lawyer can help you recover as much of these costs as possible.

• Disruption of daily life: The aftermath of a DUI accident can disrupt a victim’s daily life. This could mean recovering from injuries, attending medical appointments, and dealing with legal matters. All this can affect a victim’s ability to work, take care of their families, and enjoy normal activities.

What happens when you get a DUI and crash?

Getting a DUI and crashing can have severe legal consequences. Driving under the influence of any substance is illegal, and law enforcement agencies are sworn to protect the rights of innocent victims. Here are some of the potential consequences you could be facing:

• Criminal charges: This often results in fines, license suspension, community service, mandatory education programs, or even a prison sentence. This all depends on the severity of the accident and any previous charges.

• Civil liability: You could be held civilly liable for the damages and injuries you cause to other people. This might include compensating them for their medical expenses, lost wages, property damage, and pain and suffering.

• Increased insurance rates: A DUI conviction and crash can result in increased insurance rates. Insurance companies usually view drivers with DUI convictions as high-risk and tend to raise the rates or cancel the policy altogether.

• Driver’s license suspension: In many cases, a DUI conviction will result in getting your license suspended or revoked. 

• Lawsuits: You could also face legal proceedings, including lawsuits filed by victims of the accident. They can seek compensation for their injuries and damages.

Can you be charged with DUI after an accident?

You absolutely can be charged with DUI after an accident. According to Nevada law, it has to be proven that the driver was under the influence. The driver’s blood alcohol content (BAC) would have to measure at least 0.08. This can be checked by either blood or breath analysis, and it can be done within two hours of driving.

This means that if you were reported as driving as if you were under the influence, officers may find you and ask you to submit to a BAC test. If you fail the test, you can be charged with a DUI even if the officers were not the ones to witness your erratic driving. If you refuse the test, you could still face charges or other implications. 

As a victim of a drunk driver, this means you are likely to seek justice for your injuries. This is also true for a wrongful death linked to one of these accidents.

What to do if you’ve been injured in an accident caused by a drunk driver

As someone who has been injured in an accident caused by a drunk driver, you have rights that are protected by law. It’s crucial that you act immediately in order to protect these rights. Here’s what you need to do:

1. Seek medical attention: If you or anyone else has been injured in the accident, get medical help as soon as possible. Even if you think you are not injured or if the injuries are minor, it is always a good idea to seek medical assistance. Many injuries may not be noticeable immediately. 

2. Call 9-1-1: Report the accident right away. The operator will ask you questions regarding injuries, your location, etc. This will help them decide what authorities to send, but it will likely involve police and Emergency Medical Services (EMS). In case of highway hazards, they may also send the fire department to help with traffic control. 

3. Get to safety: If you’re on the road or in an unsafe area, it’s important that you get to safety if possible. If you’ve sustained injuries that prevent you from moving, take note of your surroundings and wait for medical help.

4. Gather evidence: If possible, gather evidence at the scene. This might include photos or videos of the vehicles involved, skid marks, road hazards, and any visible injuries. Investigators will also do this once they arrive on the scene, but it’s a good idea to get as much as you can for your own records.

5. Limit contact with other drivers: Avoid discussing fault or admitting any responsibility for the accident. It’s best to just get the necessary information and let the authorities or your attorney handle the rest. 

6. Contact your car accident lawyer: Your attorney should be your main contact after being injured by a drunk driver. You may end up with a lot of expenses that you’ll need to be compensated for.

7. Keep thorough records: This includes bills, receipts, and invoices for treatments, medications, and other expenses related to the accident. 

8. Be cautious with insurance companies: When dealing with insurance companies — including your own and the one of the drunk driver — be careful about what information you share. It’s best to consult with your drunk driving accident lawyer before accepting any settlements or making any statements.

9. Pursue legal action: Depending on the circumstances, you may be entitled to compensation for your injuries through legal action against the drunk driver. Your DUI accident attorney can help you understand your legal options and guide you through the process.

Seeking help with an experienced DUI attorney

Being injured by a drunk driver can be traumatic, but taking the appropriate steps to protect your rights can help you ensure that your expenses are covered. It’s important to consult with an experienced DUI accident victim attorney like Adam S. Kutner, Injury Attorneys. We can provide you with the personalized legal advice you need and represent you throughout the process. If you’ve been injured in a DUI accident in Las Vegas, it’s crucial to protect your rights and seek the appropriate legal action.