One moment, you are peacefully going about your business. The next moment, your world is upended and changed forever by a person driving under the influence (DUI).
Whether you’re a Nevada resident or a visitor to the Silver State, the legal aspects of DUI accidents in Nevada require the services of a knowledgeable Nevada attorney. Our team at Eric Blank Injury Attorneys is experienced at representing DUI accident victims from Nevada and elsewhere, and will help get your world back.
According to Nevada law, “driving under the influence” means being impaired to the degree that renders a person incapable of safely driving or exercising actual physical control of a vehicle. The substances covered in Nevada’s DUI laws include alcohol, marijuana, illegal drugs, over-the-counter drugs, and prescription drugs.
In the U.S., drunk drivers with a blood alcohol content of 0.08 or higher are responsible for about 30% of all traffic crash fatalities, according to the National Highway Traffic Safety Administration. Drivers can also be seriously impaired by drugs or a combination of drugs and alcohol.
If you are physically capable and your phone is available, call 911. Take photos of the vehicles involved and the license plates of the cars. Record statements from witnesses and get their contact information. Ask the other driver for his or her contact information and insurance data.
It is not your job to determine whether the other driver is sober; the police will do that. However, share any details you notice about the driver or car – such as slurred speech or drug paraphernalia in the front seat – with your DUI accident attorney.
If you first require medical attention or hospitalization, jot down your memory of the accident after receiving care. Your account will be helpful to your DUI accident lawyer as he or she works to build your claim.
You may walk away from a DUI accident with no visible injuries, only to discover a few weeks later that you have a neck injury or psychological trauma. Fortunately, Nevada has a two-year statute of limitations to file a personal injury claim. Besides medical fees, you may seek damages for lost wages, pain and suffering, property damage, and punitive damages.
The other driver’s insurance company may try to settle with you. Remember, insurance companies act in their best interests, not yours. Our founder, Eric Blank, and our Las Vegas injury attorneys recommend that you avoid speaking with insurance agents. Instead, instruct your attorney to communicate and negotiate with the insurance company on your behalf. If necessary, your DUI accident lawyer will take your case to court.
Nevada’s comparative negligence law allows the court to reward proportional damages if you are 50% or less responsible for an accident. For instance, let’s say you were driving and texting (a big no-no) and got hit by a drunk driver. The court may reason that if you hadn’t been texting, you might have been able to avoid the accident, so the judge decides you are 30% responsible. Thus, any damages awarded to you will be lessened by 30%.
If you believe you are partially at fault for the accident, do not admit blame to the other driver or the police. Any statements you make may be harmful to your case. Instead, save your comments for your DUI accident attorney only.
Suppose a loved one died due to a DUI accident. In that case, the family may be eligible to file a wrongful death claim for medical and funeral costs, property damage, grief and sorrow, pain and suffering, loss of companionship, and lost earnings of the deceased.
The deceased person’s spouse and children are typically considered to be the heirs, although parents or siblings can be claimants in certain situations. Our team at Eric Blank Injury Attorneys is well-informed about how to pursue wrongful death claims in conjunction with DUI accident cases.
Being involved in a DUI accident is mentally, emotionally, and physically stressful. While you focus on healing and putting your life back together, entrust your legal issues to Eric Blank Injury Attorneys. Our staff speaks English and Spanish and can visit you in the hospital or at home to take your statements and have you review documents. Our attorneys are familiar with the intricacies of Nevada statutes and will ensure your case is filed according to Nevada’s strict regulations. We are committed to seeking justice for you.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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