Victims of drunk driving accidents may have a tough road ahead. They can be concerned about permanent disability, financial ruin, or even the loss of a loved one as a result of the accident.
If you or a loved one has been Injured by a drunk driver in Las Vegas, what recourse do you have in the court system?
In addition to facing criminal charges, including jail time and restitution for victims, drunk drivers can be sued in civil court for the harm they cause.
The Criminal Justice System vs. Drunk Driving Lawsuits
In Las Vegas, the injured party often files a civil claim against the intoxicated driver. This proceeding has nothing to do with the criminal proceedings against the drunk driver. The purpose of the criminal justice system is to ensure the general public’s safety and deter future drunk driving incidents.
The drunk driver can still face criminal charges, even if no one was hurt. The presence of an accident is not required for criminal prosecution of a drunk driver.
A civil lawsuit is brought against the drunk driver by the aggrieved party. Either a drunk driver killed this person, or he or she was the sole survivor of someone who was.
Legal Concerns
If the drunk driver was underage and the bar, restaurant, or other provider knew the customer was underage, Nevada’s “dram shop” and “social host” tort laws may apply. In a Las Vegas drunk driving lawsuit, these entities may also be held responsible for the driver’s carelessness.
The legal limit for drivers under the age of 21 is.02 percent BAC. The legal limit for those 21 and older on the road is.08 percent. In Nevada, commercial drivers are not allowed to have any BAC.
Suit, Damages, and Payment Due to Drunk Driving
Only through a civil action may victims of a drunk driver seek compensation for their injuries, property damage, and lost wages. Non-economic damages may also be granted, such as money for the victim’s pain and suffering.
If a loved one is killed as a result of an accident caused by a drunk driver, the family can seek compensation through a wrongful death lawsuit. Legal action for a wrongful death is a tort claim for damages arising from personal injury. The plaintiff may be given compensation for the deceased’s pre- and post-mortem medical and burial expenses. The court can award damages for both financial losses and emotional distress.
