Summerlin Drunk Driving Accident Attorneys

What Are the Legal Consequences of a DUI Accident in Summerlin?

There are a lot of myths surrounding impaired driving. Unfortunately, these myths have real-world consequences when drivers hit the road without the physical or cognitive skills to operate their vehicles safely.

Drunk driving laws in Nevada prohibit people from driving under the following conditions:

• The driver is under the influence of alcohol, a controlled substance, or marijuana
• The amount of alcohol or drugs in a driver’s blood or urine exceeds the legal limit

Thus, if a driver is impaired, they violate criminal laws, even if their test results fall under the statutory limit. Even one drink can subject someone to arrest if it affects their physical or mental faculties while driving.

As the criminal laws suggest, any intoxicating substance can impair a driver. Contrary to what many marijuana smokers might believe, driving while high is just as dangerous as driving while drunk or under the influence of controlled substances. 

All these substances cause dozens of fatal crashes in Nevada annually due to impairments, such as:

• Poor judgment
• Aggressive driving
• Drowsiness
• Inability to judge distance or speed
• Slowed reflexes
• Imbalance

Unfortunately, police officers often catch impaired drivers only after they cause a drunk driving accident. While the criminal justice system can punish a drunk driver, it is not designed to secure compensation for accident victims.

How Can a Lawyer Help If I’ve Been in a Drunk Driving Accident?

Nevada uses a fault-based insurance system. After a crash, the liability for any injuries falls on the negligent driver. Negligence occurs when a driver fails to exercise reasonable care and causes a collision as a result.

Anyone injured by a drunk driver can pursue an injury claim against them. In other words, a drunk driver will likely be found by a judge or jury to have acted negligently because they knew or should have known the risk they posed to others.

In most cases, a drunk driving crash attorney handles these claims the same as any other type of car accident. If the drunk driver had auto insurance, the attorney prepares and files an injury or wrongful death claim against the drunk driver’s policy.

Insurance companies cannot use a covered driver’s intoxication as an excuse to deny coverage. Nevada auto insurance usually covers drunk driving accidents. However, an insurer could deny a claim on other grounds, such as an expired policy.

If the insurer refuses to pay or the driver has no insurance, a Summerlin drunk driving attorney files a lawsuit against the driver for maximum compensation. If this happens, the drunk driver may face two court cases. A criminal case could result in jail time and a fine, whereas a civil lawsuit could result in a damage award being owed to you.

The compensation from an insurance settlement or damage award can address economic and non-economic losses. Economic losses include financial costs like medical expenses and income losses. Non-economic losses include quality-of-life losses like pain, suffering, and disability.

What Should I Do Immediately After a Drunk Driving Accident in Summerlin, Nevada?

Your actions after a crash can help preserve your legal rights to injury compensation. The following steps can put your injury attorney in a position to win or settle your case:

• Stay at the accident scene
• Call the police to report the crash
• Cooperate with officers investigating the crash
• See a doctor about your injuries
• Search for a “drunk driving accident lawyer near me”

Your attorney will usually have additional suggestions for what you need to do in your case. For example, they will probably advise you to avoid discussing your accident or injuries with anyone except the police and prosecutors. In particular, you should avoid talking to the drunk driver’s insurance company.

Contact Us To Learn How We Handle Summerlin Drunk Driving Cases

A drunk driver can burden you with physical injuries and financial woes. Adam S. Kutner, Injury Attorneys, has extensive experience helping injured people fight for compensation to pay for medical and living expenses.

Sources:

Chapter 484C – Driving Under the Influence of Alcohol or a Prohibited Substance.

Nevada Traffic Safety Crash Facts.

Zero Fatalities.