If you’re hit by a drunk driver in Las Vegas, the driver’s potential DUI case and your personal injury claim are separate legal matters.
Law enforcement may investigate whether the driver violated Nevada’s impaired-driving laws. An injured person may separately have a civil claim arising from the collision.
When injuries are significant, having an experienced personal injury attorney involved can be especially valuable because evidence from the crash, insurance coverage and the DUI investigation may all become important.
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What Should You Do If You’re Hit by a Drunk Driver in Las Vegas?
Your safety and medical care come first.
A crash involving a suspected drunk driver can be serious, and you should not put yourself at risk trying to investigate the other driver or document everything at the scene. Call 911, seek medical attention and let law enforcement handle questions about suspected impairment.
If you are able to safely gather basic information about the vehicles, scene or witnesses, that information may be helpful later — but your health and safety comes first.
Hale’s guide to what to do after a car accident in Las Vegas explains the broader steps that may follow a crash.
DUI crashes can also involve both a criminal investigation and a separate civil injury claim. Those processes may develop on different tracks, making police reports, medical records and other evidence gathered after the collision particularly important.
What Counts as DUI Under Nevada Law?
Nevada’s current DUI statute addresses alcohol as well as controlled substances and other forms of impairment.
Under the current version of NRS 484C.110, it is unlawful to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor or with an alcohol concentration of 0.08 or more under the circumstances specified by the statute. Nevada law also addresses driving under the influence of controlled substances and combined alcohol-and-drug impairment.
A civil injury claim should not simply assume impairment, however. The evidence from the particular collision and investigation matters.
Is a DUI Case the Same as a Personal Injury Claim?
No.
A DUI prosecution is a criminal matter brought by the government. A personal injury claim is a civil matter involving the losses allegedly caused by the collision.
The existence of a DUI investigation does not eliminate the need to establish the issues relevant to the civil claim, including causation and damages.
This distinction is one reason having an experienced personal injury attorney can be important after a serious impaired-driving collision. Your attorney can focus on the civil case while the criminal process proceeds separately.
Can Someone Injured by a Drunk Driver Seek Punitive Damages?
Nevada law contains a specific provision addressing exemplary or punitive damages in certain impaired-driving cases.
Under NRS 42.010, when a defendant causes an injury through operation of a motor vehicle in violation of specified Nevada DUI laws after willfully consuming or using alcohol or another substance, a plaintiff may recover exemplary or punitive damages in addition to compensatory damages. The statute also provides that the limitations in NRS 42.005 do not apply to a cause of action brought under that section.
That does not mean punitive damages are automatic whenever alcohol is suspected.
Whether NRS 42.010 applies requires analysis of the actual evidence and circumstances. This is an especially important issue to discuss with an experienced Nevada personal injury attorney rather than trying to determine from a police report alone.
What Evidence May Matter After a Suspected DUI Crash?
Depending on the case, potentially relevant evidence can include:
- the crash report and officer observations;
- witness statements;
- photographs and video;
- evidence concerning how the collision occurred;
- toxicology or other evidence developed through the investigation; and
- medical evidence connecting the claimed injuries to the crash.
Nevada’s Zero Fatalities impaired-driving program reports 819 impaired-driving fatalities and 735 fatal impaired-driving crashes on Nevada roadways from 2019 through 2023.
The seriousness of impaired driving makes careful evidence preservation especially important.
What If the Drunk Driver Has Too Little Insurance?
The fact that a driver was impaired does not guarantee sufficient insurance exists to cover the losses caused by the crash.
Liability, available insurance coverage and collectibility are separate questions.
If the responsible driver is uninsured or does not have enough applicable liability insurance, coverage through the injured person’s own policy may become relevant depending on what was purchased and the circumstances.
Hale’s guide to being hit by an uninsured driver in Nevada explains how uninsured/underinsured motorist coverage can become important without assuming that a particular policy contains it.
When serious injuries and multiple potential sources of insurance are involved, having an attorney identify and review the actual policies can be particularly important.
What If You Were a Passenger?
A passenger injured in an impaired-driving crash can face a different liability analysis from the drivers.
More than one driver may also have contributed to the collision.
Hale’s guide to passenger rights after a Las Vegas car crash discusses some of the issues passengers may encounter after an accident.
For significant injuries, an attorney can evaluate all potentially responsible parties and applicable insurance rather than assuming there is only one possible source of recovery.
Why Can a Drunk-Driving Injury Claim Become Complicated?
Because the criminal case is only one part of what happened.
An injured person may simultaneously face medical treatment, lost income, insurance questions and decisions about resolving a civil claim. The DUI investigation may produce important evidence, but the civil claim still requires its own analysis.
If you’re hit by a drunk driver in Las Vegas, an experienced personal injury attorney can investigate the collision, evaluate available insurance and determine whether Nevada’s specific impaired-driving damages law may apply.
If you were injured in Las Vegas, Henderson or elsewhere in Southern Nevada, Hale Injury Law can help you understand your options.
Every accident is different. This information is for general educational purposes and is not legal advice. Past results do not guarantee a similar outcome.
Frequently Asked Questions
Can I bring an injury claim if the drunk driver is also facing criminal charges?
Potentially. A criminal DUI prosecution and a civil personal injury claim are separate legal matters.
Does a DUI arrest automatically prove my personal injury case?
No. An arrest is not the same as a final civil liability determination. The evidence and circumstances still matter.
Are punitive damages automatic in a Nevada DUI accident?
No. Nevada has a specific punitive-damages statute for qualifying impaired-driving cases, but whether it applies depends on the facts and legal requirements.
What if the drunk driver is uninsured?
Other potentially applicable coverage may need to be investigated. UM/UIM coverage can be relevant if it was purchased and applies, but coverage should be confirmed from the actual policy.
