Nevada Is Making Drunk Drivers Pay – Literally

Typically in a drunk driving lawsuit, the liable party has to pay compensation for the injuries, physical damages, and pain and suffering to the victim. One might think this to be a deterrent enough for people to avoid driving under the influence, and yet hundreds of people die every year due to drunk driving accidents.

But it may be easier to hold drunk drivers accountable to the people they hurt. As of July 1, 2023, injury victims can now seek punitive damages in civil cases involving drunk drivers. It used to be that you had to show that the driver willfully consumed or used alcohol or another substance, knowing they would later operate a motor vehicle. Under the newly amended statute NRS 42.010, you don’t have to prove the driver knew they would later operate a motor vehicle – only that they willfully consumed alcohol and later caused an injury by operating a motor vehicle.

What are punitive damages?

Punitive damages are additional awards granted alongside actual damages under specific circumstances. These damages serve as a form of punishment and are generally given at the court’s discretion when the defendant’s conduct is deemed exceptionally harmful. These damages usually have a cap to them, but the amendment to NRS 42.010 specifically states that “The provisions of NRS 42.005 do not apply to any cause of action brought pursuant to this section.” As such, there appear to be no limits for punitive damages in drunk driving cases.

Punitive damages are different from compensatory damages. Compensatory damages, also known as actual damages, refer to the monetary awards granted by a court to compensate a party for the losses they have incurred. These damages aim to provide an amount equivalent to the actual harm suffered by the party. In cases where a party’s rights were technically violated but no significant harm or losses occurred, the court may choose to award nominal damages as a symbolic recognition of the violation.

Criminal DUI vs. civil drunk driving claims

When facing a DUI arrest, a criminal prosecutor takes on the responsibility of proving the charges against the defendant beyond a reasonable doubt, which is the highest burden of proof in the law. To secure a DUI conviction, the prosecutor must establish each element of the offense, and failure to do so may result in a not guilty verdict for the defendant. A conviction in a criminal case can lead to imprisonment, substantial fines, and other penalties.

On the other hand, in civil drunk driving lawsuits, victims have the option to pursue damages by filing claims against the drunk drivers. Unlike criminal cases, civil lawsuits seek monetary compensation for economic and non-economic losses without resulting in jail or prison time for the defendant. The burden of proof in civil cases is lower, requiring the plaintiff to show that it is more likely than not that the accident happened as claimed.

This difference in burden of proof means that a defendant found not guilty in a criminal case could still be held liable in a civil lawsuit. In such cases, financial compensation would be awarded to the plaintiff based on the jury’s verdict or a settlement agreement. In drunk driving accidents, the police often make arrests at the scene, conducting field sobriety tests and breath or blood tests to determine impairment. The criminal process serves to punish drunk drivers and deter others from similar conduct, even if an accident doesn’t occur, as driving under the influence can still lead to criminal charges.

How many drunk driving fatalities happen in Nevada?

The Nevada Office of Traffic Safety reports there were 123 crashes involving drunk drivers in 2020 (the most recent data the state has to offer), which resulted in 135 deaths. While the number od fatal drunk driving crashes in the state is not yet known for 2021 or 2022, Nevada OTS did report there were 632 DUI arrests in 2022.

According to KTNV Las Vegas, Clark County has 61 fatal crashes (leading to 66 deaths) in 2021. In 2022, however, the number of deaths rose to 82.

What injuries are caused by drunk driving accidents?

vehicle crashes caused by drunk driving many times result in injuries with far-reaching consequences Many times these crashes involve high speed or wrong way drivers. In addition to fatalities, head and brain injuries are common. These pose a serious risk as the head becomes vulnerable to impact, potentially leading to traumatic brain injuries (TBIs) that can result in coma and impair motor function and cognition. Broken bones are also common and may require complex surgeries, leading to permanent physical disabilities or even the loss of a limb.

Internal injuries are also prevalent in car accidents, where the force of impact against the windshield, dashboard, or airbags can cause a collapsed lung, organ damage, or internal bleeding. The severity of such injuries often necessitates immediate medical attention, even if symptoms don’t manifest immediately. Spinal cord injuries can be particularly devastating, as while the spinal cord can sometimes be repaired, the nerves protecting it cannot. These injuries can result in a significant loss of motor function or paralysis.

Car accidents can also lead to facial disfigurements, including cuts and burns, causing painful skin damage. Facial scarring and disfigurement, being some of the most common auto accident-related injuries, can leave lasting physical and emotional impacts on victims. In addition to physical injuries, victims of drunk driving accidents may also face mental health issues such as anxiety, depression, and post-traumatic stress.

While no amount of compensation can bring back a loved one, seeking legal recourse and obtaining compensation can help cover medical and funeral expenses, as well as other costs associated with the crash, providing some measure of financial support during these difficult times.

At Claggett & Sykes, our Reno car accident attorneys are dedicated to seeking justice for victims injured by drunk drivers. If you have been involved in an accident caused by a drunk driver, we will advocate for your rights and work to secure the compensation you deserve. Our experienced legal team will thoroughly investigate the incident, gather evidence, and build a strong case to hold the negligent driver accountable. We understand the devastating impact of such accidents and will strive to recover both compensatory and punitive damages on your behalf.

With our experience and dedication, we will navigate the complexities of the legal system, ensuring you receive the full and fair compensation you need to move forward with your life. To schedule a free consultation, call us at our office in Reno, or use our contact page. We also serve the community of Las Vegas, as well as clients throughout Nevada.