Las Vegas Drunk Driving Accident Lawyers
Gallagher & Lipshutz represents people injured by drunk drivers and families who lost someone in a crash involving driving while intoxicated. This is not a DUI defense page. We represent victims in civil injury claims, which are separate from the criminal DUI case. The civil claim is the process for seeking payment for medical bills, missed income, pain, future care, and other losses caused by the crash.
Las Vegas has nightlife, tourism, rideshare traffic, late night casino corridors, and busy freeways. That mix makes driving while intoxicated a serious local danger. A DUI crash may involve a police investigation, an arrest, a criminal case, insurance claims, medical treatment, and sometimes a wrongful death claim. Those pieces are connected, but they are not the same thing.
We offer free consultations for people hit by drunk drivers in Las Vegas and throughout Nevada. Call (702) 381-3770 or contact Gallagher & Lipshutz to discuss your rights. It is important to protect the civil claim even while the criminal case is still pending.
Your Rights If You Were Hit by a Drunk Driver
The driver's criminal case belongs to the government. Your civil injury claim belongs to you, or to the family in a wrongful death case. The criminal case may punish the driver, set probation terms, require jail time, order restitution, or create a record of the DUI. The civil claim is about your losses, your medical care, your work, your pain, and your family's future.
Do not rely on the criminal case to protect your civil claim. The prosecutor's job is different from proving your medical bills, lost wages, future care, and pain. The civil case should move forward with its own evidence review, insurance analysis, and deadline control while the criminal case proceeds on its own track.
The Criminal Case
Evidence From the Criminal Investigation
Useful evidence may include the crash report, DUI arrest report, police body camera footage, dash camera footage, 911 calls, field sobriety observations, breath or blood test information, toxicology reports, citations, the criminal complaint, plea documents, sentencing records, and victim impact materials. Some of that material may require formal requests, subpoenas, or coordination with prosecutors or the police. A subpoena is a court backed request for records or witness testimony.
Criminal evidence should be handled carefully. The civil case has its own burden of proof, its own damages issues, and its own deadline. A lawyer can use criminal case information without relying on the prosecutor to build the civil damages claim. The prosecutor is not responsible for proving the full cost of your medical care, future care, lost income, and pain.
Restitution and Civil Damages Are Not the Same
Restitution is money a criminal court may order the defendant to pay as part of the DUI case. Civil damages are the money sought in the personal injury or wrongful death claim. The two overlap sometimes, but they are not the same. Restitution may be limited by criminal case rules, plea terms, available proof, and the judge's order.
A civil claim can address the broader injury case, including future medical care, future work loss, pain, scarring, emotional distress, loss of enjoyment of life, and punitive damages when the legal requirements are met. The injured person should track both processes. Cooperate with prosecutors and victim advocates when appropriate, but also protect the civil claim, insurance rights, evidence, and the two-year civil filing deadline.
Your Role in the Criminal Case
You do not control the prosecutor's choices, and you do not have to wait for the criminal case to protect your civil claim. If the case is prosecuted, the injured person may be a witness, and that can involve testifying in criminal court if the case goes to trial. Prosecutors or victim advocates will usually be in touch about how they need the injured person's help. The civil case still needs its own evidence, medical proof, insurance review, and deadline control.
A criminal conviction can help the civil case. Nevada law says a criminal conviction can be conclusive evidence of the facts needed to impose civil responsibility for the related injury in certain circumstances. See Nevada's civil effect of conviction statute, NRS 41.133. Most Nevada injury lawsuits must still be filed within two years, and the criminal case does not automatically pause that civil deadline. See Nevada's general injury filing deadline, NRS 11.190(4)(e).
Liability and Insurance After a Drunk Driving Crash
Dram Shop and Over Service Claims in Nevada
Dram shop laws are laws that may allow claims against a bar, casino, restaurant, store, or host that served alcohol before a crash. Nevada law sharply limits those claims. In most cases, Nevada does not make a person or business responsible for later injuries caused by someone who drank alcohol after being served, if the person served was 21 or older. See Nevada's alcohol service responsibility statute, NRS 41.1305.
Nevada does have narrow rules involving alcohol or controlled substances provided to someone under 21, but the statute also includes important exceptions, including an exception for licensed alcohol businesses and their employees acting in the course of business. In most Nevada drunk driving crash cases, the main civil defendant is the drunk driver, not the bar or casino. A claim against an establishment is the exception, not the rule, and it requires careful review before it is asserted.
Insurance Issues After a Drunk Driving Crash
The drunk driver may have only minimum insurance, no insurance, or a policy that is too small for the injuries. Nevada drivers must carry at least $25,000 of injury coverage for each person hurt in a crash, up to a total of $50,000 per accident, plus $20,000 for property damage. If several people are hurt in one crash, the available injury coverage can be far too low. See Nevada's minimum car insurance statute, NRS 485.185.
Uninsured or underinsured motorist coverage may be critical after a drunk driving crash. Uninsured motorist coverage provides money for your injuries when the driver who was at fault has no insurance; underinsured motorist coverage provides money when the other driver has insurance but not enough to cover all of your medical treatment and pain and suffering. Nevada insurance companies must offer this coverage, but drivers can reject it. See the Nevada Division of Insurance UM/UIM explanation. In a severe case, every possible policy should be reviewed, including the drunk driver's policy, the vehicle owner's policy, an employer policy if the driver was working, household policies, umbrella coverage, medical payments coverage, and your own coverage.
What to Do If You Were Hit by a Drunk Driver
Call 9-1-1 and make sure the police know you believe the driver may be intoxicated. If the officer investigates DUI, ask how to get the crash report number and, later, the criminal case information. Get medical care right away. Drunk driving crashes can involve high speeds, wrong way driving, red light impacts, rollovers, and severe force, and symptoms may worsen after the shock wears off.
Gather and save evidence if you can do so safely. Take photos of the vehicles, plates, roadway, traffic signs, visible injuries, open containers if visible, and nearby businesses that may have video. Save witness names, the police report number, repair photos, medical discharge papers, and all messages from insurance companies. The criminal investigation may help, but the civil claim still needs its own proof of medical bills, lost wages, future care, and pain.
Damages and Compensation
Punitive Damages in Drunk Driving Cases
Punitive damages are additional damages meant to punish and deter especially dangerous conduct. They are different from compensatory damages, which pay the injured person for losses like medical bills, missed income, pain, and future care. Nevada's general punitive damages statute requires a high level of proof and limits punitive damages in many cases. See Nevada's general punitive damages statute, NRS 42.005.
Nevada also has a specific punitive damages statute for certain driving while intoxicated injury cases. That statute applies when the defendant caused an injury by operating a motor vehicle in violation of certain DUI laws after willfully consuming or using alcohol, a controlled substance, or another substance. The statute also says Nevada's general punitive damages limit does not apply to that type of action. See Nevada's drunk driving punitive damages statute, NRS 42.010.
Punitive damages are not automatic. The evidence must fit the statute, and the claim must be evaluated case by case. Useful evidence may include the DUI arrest report, body camera video, dash camera video, breath or blood test information, toxicology records, officer observations, plea documents, and witness testimony.
Compensation Available to Drunk Driving Accident Victims
Compensation in a civil injury claim may include medical bills, future medical care, missed wages, the money you can no longer earn in the future, pain, emotional distress, physical limits, scarring, property damage, and wrongful death damages when the crash is fatal. Punitive damages may also be available in qualifying drunk driving cases, but they are not guaranteed. The value of the claim depends on the facts, including the injuries, medical proof, lost income, future care, and available insurance. For a broader damages overview, see our Nevada personal injury practice page.
Punitive damages are usually excluded from car insurance policies, so punitive damages typically must be recovered directly from the driver. Insurance companies often pay extra for aggravated facts such as drinking and driving, but that extra amount is generally less than the punitive damages the victim may be entitled to under Nevada law. This is one reason the civil claim should separate insurance settlement value from the full damages theory.
Nevada Victims of Crime Program
The Nevada Victims of Crime Program may be another source of help for eligible victims of crime, including some drunk driving crash victims. This is a state program that can help pay certain crime related expenses when a person is physically injured or killed because of a qualifying crime. It is not the same as a personal injury lawsuit, and it does not pay for every loss. It is designed to help with certain expenses while the civil claim and insurance issues are being handled.
Covered expenses can include items such as medical and dental treatment, mental health counseling, wage or income loss, funeral and burial expenses, and other crime related losses allowed by the program. See Nevada's victim compensation statute, NRS 217, and the Clark County victim compensation summary at the Clark County District Attorney's Office. The program does not replace a civil injury claim, and it does not usually pay for pain and suffering or standard vehicle property damage.
There are deadlines and requirements. Current Nevada law states that an application generally must be filed no later than 60 months after the injury or death, and the crime generally must have been reported to the police within 5 days unless the law allows an exception for good cause or timing. See Nevada's victim compensation application deadline statute, NRS 217.100. The program is generally a payer of last resort, so insurance, restitution, settlements, or other available sources usually have to be used first, and later recoveries may affect what the program pays.
Families After a Fatal Drunk Driving Crash
When a drunk driving crash causes death, Nevada wrongful death statute lets certain heirs and the personal representative bring qualifying claims. See Nevada's wrongful death statute, NRS 41.085. Family claims may include grief, loss of probable support, loss of companionship, and other damages Nevada law allows. The estate may also have claims for medical expenses, funeral expenses, and other losses tied to the death.
Fatal drunk driving cases require careful timing. The family may be dealing with prosecutors, victim advocates, insurance companies, probate issues, and funeral expenses at the same time. The civil case still needs its own evidence, insurance review, and deadline control. A criminal case can help, but it does not replace the family's civil claim.
Frequently Asked Questions
Can I sue a drunk driver who hit me?
Yes, if the drunk driver caused the crash and your injuries. The civil claim is separate from the DUI prosecution. You may have a claim for medical bills, future care, missed work, pain, and other losses, and the criminal case may provide useful evidence.
Do I get more money if the driver was drunk?
Possibly, but not automatically. Driving while intoxicated may support punitive damages in qualifying cases under Nevada's drunk driving punitive damages statute, NRS 42.010. Regular compensatory damages still depend on the injuries, medical proof, lost income, future care, and available insurance.
Can I sue the bar that served the drunk driver?
Usually not in Nevada if the person served was 21 or older. Nevada law sharply limits claims against bars, casinos, restaurants, stores, and social hosts for later harm caused by a person who drank alcohol. There are narrow under 21 rules and exceptions, so these claims need careful review. See Nevada's alcohol service responsibility statute, NRS 41.1305.
What if the drunk driver had no insurance?
Your uninsured or underinsured motorist coverage may apply if you bought it. This coverage can help when the driver who was at fault has no insurance or too little insurance. Other policies may also need review, including vehicle owner policies, household policies, and employer policies if the driver was working.
Does the criminal case affect my injury claim?
Yes, it can. A conviction can be strong evidence in the civil case under certain circumstances. See Nevada's civil effect of conviction statute, NRS 41.133. Your civil claim has its own deadline and should not wait passively for the criminal case to end.
Can families bring a claim after a fatal drunk driving crash?
Yes, in qualifying cases. Nevada wrongful death statute lets certain heirs and the personal representative bring claims after a death caused by another person's wrongful act or neglect. See Nevada's wrongful death statute, NRS 41.085.
How long do I have to file a drunk driving accident lawsuit in Nevada?
Most Nevada injury lawsuits from a drunk driving crash must be filed within two years of the crash. Wrongful death claims are generally filed within two years of the death. The criminal DUI case does not automatically extend the civil filing deadline, so confirm the deadline early. See our Nevada injury filing deadlines page for more detail.
Gallagher & Lipshutz represents victims of drunk drivers in Las Vegas, Henderson, North Las Vegas, Summerlin, and Clark County. For a free consultation, call (702) 381-3770 or contact Gallagher & Lipshutz. A consultation can help identify the civil deadline, the insurance, and the evidence that needs to be gathered and saved while the criminal case is still moving.