If a drunk driver hit you in Las Vegas, you can claim compensation for your medical bills, lost wages, pain and suffering, and vehicle damage. Nevada also allows punitive damages in DUI crash cases under NRS 42.010, and the usual cap on punitive damages does not apply to that section. You do not need to wait for a criminal conviction to bring your civil case. The driver's choice to get behind the wheel drunk can support your claim, and a lawyer can help you prove it.
What to Do Right After the Crash
Your health comes first. Then take these steps to protect your claim.
1. Call 911. Tell the dispatcher you suspect the other driver is drunk. A DUI investigation and arrest report can become a powerful part of your case. 2. Get medical care right away, even if you feel okay. Some injuries show up hours or days later. 3. Take photos and video of the scene, the cars, and any open containers or bottles you see. 4. Get names and numbers of witnesses. 5. Do not confront the drunk driver. Let the police handle it.
Your Civil Case Is Separate From the Criminal Case
The State can charge the drunk driver with a crime. That is the criminal case, and it punishes the driver. Your case for compensation is the civil case, and it belongs to you. The two cases run separately. You do not need a criminal conviction to win your civil case.
What You Can Claim
A drunk driving crash claim can include:
- Emergency room and hospital bills
- Follow-up care, therapy, and future medical needs
- Lost wages and reduced ability to work
- Pain and suffering
- Damage to your vehicle
- Punitive damages in appropriate cases
Punitive Damages in Nevada DUI Cases
Punitive damages are extra money meant to punish especially bad conduct. Nevada allows them in DUI crash cases under NRS 42.010. The cap on punitive damages in NRS 42.005 does not apply to this section. That means a drunk driving case can carry punishment damages beyond what regular injury cases allow.
No criminal conviction is required to seek punitive damages. What matters is the knowledge element: the driver knew, or should have known, that driving drunk created a serious danger to others. A lawyer builds that part of the case with the police report, breath or blood test results, witness statements, and the driver's own behavior.
A Real-World Example
A Las Vegas nurse finishes her shift and is driving home on the 215 when a drunk driver crosses the center line and hits her head-on. She suffers broken ribs and a fractured wrist and misses months of work. The police report shows the driver failed field sobriety tests. Along with her medical bills, lost wages, and pain and suffering, her lawyer pursues punitive damages under NRS 42.010 because the driver knowingly chose to drive drunk.
Dealing With Insurance After a DUI Crash
The drunk driver's insurer may try to settle fast, before you know the full extent of your injuries. Do not sign anything or give a recorded statement until you have legal advice. In some cases, your own uninsured or underinsured motorist coverage can add another source of compensation.
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