
Nevada laws that apply to your drunk driving case
Can you sue the bar or casino that served the driver?
This question comes up constantly in Las Vegas, where alcohol is served around the clock.
Nevada’s Dram Shop Law (NRS 41.1305) generally does not allow lawsuits against bars, casinos, or social hosts for serving alcohol to an adult who later causes a crash. Liability sits with the driver, not the establishment.
There are two exceptions: if the establishment knowingly served alcohol to a minor (under 21), or if the person serving forced the consumption. If either situation might apply, we look into it right away. Evidence of where and what the driver was drinking does not stick around.
Punitive damages (NRS 42.005)
In a standard car accident case, you can recover for your actual losses: medical bills, lost income, pain and suffering. Drunk driving cases in Nevada also open the door to punitive damages.
A jury can award these when they find the defendant acted with oppression, fraud, or malice. Choosing to get behind the wheel while intoxicated, fully aware of the risk to everyone else on the road, typically qualifies. Punitive damages are not tied to a specific loss you suffered. They exist to punish the driver and send a message.
Case Results in Serious Accident Cases
$450,000 — Hit-and-run on Desert Inn Road: Our client was struck by a driver who fled the scene. We tracked down the at-fault driver through Tesla dashcam footage and recovered full compensation through the client’s uninsured motorist coverage. The insurer initially said there was nothing to collect. There was.
$400,000 — Rear-end collision: Our client was rear-ended by a rideshare driver on the clock. We pursued claims against both the driver and the rideshare company’s insurer and settled for an amount that actually reflected what our client went through.
$255,000 — Fault-free passenger: A passenger with no fault in a multi-vehicle crash. We identified and recovered from multiple insurance policies, including the client’s own underinsured motorist coverage.
$150,000 — Motor vehicle accident: Prior results do not guarantee what your case will recover. Every case is different. These are included to give you a realistic sense of how we approach these claims.
Common Injuries in Las Vegas Drunk Driving Accidents
Drunk drivers are unpredictable. They run red lights, go the wrong way, swerve without warning. These are not low-speed fender benders. Common injuries our Las Vegas drunk driving accident attorneys see include:
- Traumatic brain injuries and concussions
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage and internal bleeding
- Severe lacerations and scarring
- Burn injuries from vehicle fires
- Amputations
- Psychological trauma and PTSD
Some people never get back to where they were before the crash. That is the honest truth of it, and it is why the long-term picture matters as much as the immediate bills when we calculate what your case is worth.
How the criminal DUI case connects to your civil claim
These run separately, but they affect each other.
The Clark County District Attorney handles the criminal case. We handle your personal injury claim. You do not have to wait for the criminal process to finish before we start on yours.
If the driver is convicted of DUI, that conviction becomes evidence in your civil case. It goes a long way toward establishing negligence without you having to prove it independently. We also pull evidence from the criminal record: arrest reports, BAC results, body camera footage, officer statements. All of it can support your claim.
And if the driver pleads to a lesser charge or gets a lenient sentence in criminal court, that does not touch your civil case. The two proceedings are entirely separate.
Frequently Asked Questions About Drunk Driving Accident Cases in Las Vegas
Call 911 so police respond and document the driver’s impairment. Get medical attention even if you feel okay — some injuries don’t show up immediately. Collect contact information from witnesses. Don’t discuss fault at the scene. Then call us.
No. Your civil case is completely separate and can move forward immediately. In fact, waiting too long can hurt you — evidence disappears and the statute of limitations counts down regardless of what happens in criminal court.
Often yes. We look at every available source: the driver’s policy, your own uninsured or underinsured motorist coverage, and any third-party liability. We have gotten clients compensated even when the at-fault driver had very little coverage.
The criminal and civil standards of proof are different. A criminal acquittal does not prevent you from winning a civil case. We only need to show that the driver was more likely than not responsible for your injuries — a much lower bar than “beyond a reasonable doubt.”
It depends on the severity of your injuries and how the insurance company responds. Some cases settle in a few months. Others go to trial and take longer. We will always be honest with you about timing and never push you toward a settlement that doesn’t reflect what you deserve.
Nothing upfront. Temple Injury Law works on a contingency fee — we only get paid if you win, and our fee comes out of the recovery. If we don’t win, you owe us nothing.
Possibly, yes. Under Nevada’s Modified Comparative Negligence law, you can recover as long as you were less than 51% at fault. Your compensation is reduced by your percentage of responsibility. Don’t assume a partial fault argument from the insurer means your case is over — it almost never does.
The main difference is punitive damages. In a standard car accident, you can recover compensatory damages — what you lost. In a drunk driving case, you can pursue punitive damages on top of that, which exist specifically to punish the driver. Nevada juries take drunk driving seriously, and we build our cases with that in mind.
Jeff Temple
Personal Injury Lawyer
Call Drunk Driving Accident Attorneys in Las Vegas For Legal Help
Discussing your legal rights with a drunk driving accident lawyer at Temple Injury Law is easy. We offer free initial consultations. It costs you nothing to find out if you have a personal injury claim.
At Temple Injury Law in Las Vegas, we have decades of experience representing accident victims of drunk driving accidents. Our team is dedicated to helping you get the financial support you need to cover medical expenses, lost wages, and other damages related to your DUI accident claim.
We understand what you are going through after a drunk driving accident and will fight aggressively to help you get justice.
Free Case Evaluation: Call us today at (702) 487-4999 or contact us online to schedule your free consultation with our experienced Las Vegas drunk driving accident attorneys.
Remember: Nevada has a statute of limitations for personal injury claims. Don’t wait – contact our Las Vegas DUI accident lawyers today to protect your rights and begin building your case for maximum compensation.
