Hit by a Drunk Driver in Las Vegas: Your Rights and Compensation

Call 911 immediately after the crash. If you suspect the other driver is intoxicated — you smell alcohol, they are slurring words, unsteady on their feet, or behaving erratically — tell the 911 dispatcher. This prompts the responding officer to conduct field sobriety tests and potentially a breathalyzer or blood draw at the scene.

Do not confront the impaired driver. They may be combative, confused, or unable to process what happened. Wait for police. LVMPD or Nevada Highway Patrol will respond depending on the crash location. Officers trained in DUI detection will evaluate the other driver and make an arrest if warranted.

The police report and DUI arrest are critical evidence in your civil claim. A blood alcohol content (BAC) of 0.08% or higher is per se evidence of impairment in Nevada (NRS 484C.110). A BAC above 0.18% is considered an aggravated DUI. The higher the BAC, the stronger your argument for punitive damages in the civil case.

Photograph all vehicle damage, the road layout, traffic signals, and any visible injuries. If you can safely observe the other driver's behavior — stumbling, slurred speech, open containers in their vehicle — note these observations in writing immediately. Your firsthand account of their apparent impairment supports your civil claim.

Look for open containers, bottles, or cans in or around the other driver's vehicle. Photograph them if visible. Note whether the other driver's eyes are bloodshot, whether they have difficulty standing, and anything they say about drinking or where they were coming from. These details may become important if the BAC test results are disputed.

Get witness names and contact information. Witnesses who observed the other driver's behavior — swerving, running red lights, driving the wrong way — provide powerful testimony about reckless behavior. If the crash happened near a bar, casino, or nightclub, note which establishment and the time. This information is relevant if you pursue a dram shop claim.

DUI crashes tend to produce more severe injuries because impaired drivers often fail to brake before impact, resulting in higher-speed collisions. They also frequently run red lights and stop signs, causing T-bone impacts at intersections — among the most dangerous crash configurations. Common injuries include traumatic brain injuries, spinal cord injuries, multiple fractures, and internal organ damage.

University Medical Center (UMC) is Nevada's only Level I trauma center and handles the most critical DUI crash injuries. Sunrise Hospital is a Level II trauma center. For any head injury, loss of consciousness, chest pain, or abdominal pain, go to an emergency room immediately.

Document every medical visit, treatment, and expense from day one. DUI cases typically produce higher compensation because of the drunk driver's egregious behavior. Thorough medical documentation maximizes both your compensatory damages (medical bills, lost wages, pain and suffering) and strengthens your argument for punitive damages.

The criminal case and your civil injury claim are two completely separate proceedings. In the criminal case, the state of Nevada prosecutes the drunk driver for DUI under NRS 484C.110. In your civil case, you sue the drunk driver for your damages. The two cases have different burdens of proof — criminal requires proof beyond a reasonable doubt, while civil requires only a preponderance of evidence (more likely than not).

You do not need a criminal DUI conviction to win your civil case. Even if the criminal charges are reduced or dismissed (through plea bargaining, procedural issues, or other reasons), you can still sue for your injuries. The BAC test results and arrest record are admissible evidence in your civil case regardless of the criminal outcome.

However, a DUI conviction significantly strengthens your civil claim. It establishes that the driver was legally impaired, which is negligence per se — meaning the driver violated a statute designed to protect public safety, and no further proof of negligence is needed. This often leads to faster settlements and higher values.

Nevada allows punitive damages in drunk driving injury cases. Punitive damages are separate from compensatory damages (medical bills, lost wages, pain and suffering). They are designed to punish the defendant for particularly egregious or reckless behavior and deter similar conduct. Driving drunk is exactly the kind of conscious disregard for safety that supports punitive damages.

Under NRS 42.005, punitive damages in Nevada are capped at $300,000 or three times the compensatory damages, whichever is greater. If your compensatory damages are $200,000, you could potentially recover up to $600,000 in punitive damages (3x). If your compensatory damages are $50,000, the punitive cap would be $300,000 (the statutory minimum cap).

To recover punitive damages, you must prove by clear and convincing evidence that the defendant acted with oppression, fraud, or malice. Driving with a BAC of 0.08% or higher, combined with causing injuries, generally satisfies this standard. Prior DUI convictions, extremely high BAC levels, or driving with a suspended license strengthen the punitive damages argument further.

Nevada has limited dram shop liability under NRS 41.1305. Unlike many states, Nevada generally does not hold bars and restaurants liable for serving alcohol to adults who later cause crashes. However, there is an exception: if the establishment served alcohol to a person who was visibly intoxicated, the establishment may be liable for resulting injuries.

In Las Vegas, this is particularly relevant because of the massive bar, casino, and nightclub industry. If the drunk driver came from a specific bar, casino, or nightclub and was served alcohol while visibly intoxicated — stumbling, slurring, showing obvious signs of impairment — the establishment may share liability for your injuries. Casino surveillance footage often captures patrons at bars and gaming tables, providing evidence of their condition.

Proving dram shop liability requires showing that the server or bartender knew or should have known the patron was visibly intoxicated and served them anyway. This is a higher bar than simply showing the driver had been drinking at the establishment. Credit card records, bar tabs, surveillance footage, and testimony from other patrons or staff can help establish the timeline and the driver's visible condition.

Drunk driving injury cases consistently produce higher settlements and jury verdicts than comparable sober-driver crashes. Insurance companies know that juries despise drunk drivers. The combination of clear liability (DUI arrest, BAC results), potential punitive damages, and jury sympathy for the victim creates strong pressure on the insurance company to settle at a premium.

Insurance adjusters handling DUI claims know the case will likely go to trial if they lowball the offer — and juries in Clark County are known for punishing drunk drivers with large verdicts. This dynamic typically results in settlements 2-3 times higher than similar crashes without alcohol involvement.

If the drunk driver was underinsured (carrying Nevada's minimum 25/50/20 under NRS 485.185), your UIM coverage kicks in. Even with UIM, the total available insurance may not cover a severe DUI crash. In that case, you may pursue the drunk driver's personal assets, and potentially the dram shop that served them.

Being hit by a drunk driver is infuriating. Someone made the choice to drink and drive, and you are paying the price with your body, your medical bills, and your quality of life. Take our free 2-minute assessment at /assessment/ to understand your full range of options — compensatory damages, punitive damages, dram shop liability, and insurance coverage.

DUI crash cases are among the strongest personal injury claims because liability is clear and juries are sympathetic. Do not settle for less than your case is worth. Start with the assessment and connect with a Las Vegas attorney who handles drunk driving injury cases.