In Nevada, almost a third of all car accident fatalities involve a drunk or impaired driver. Many non-fatal drunk driving accidents leave victims with chronic life-changing personal injuries. A serious car accident in can leave those victims and their surviving family members struggling to adjust to a new reality. They have a right and opportunity to recover damages from the drunk driver and their insurance carriers. However, in almost every case, recovering the maximum amount of damages will require the services of experienced Las Vegas drunk driving accident lawyers. Contact Valiente Mott today for a free consultation.
The National Highway Traffic Safety Administration found that in 2021, 13,384 people died in alcohol-impaired driving traffic deaths — a 14% increase from 2020. This translates to 37 people in the United States dying in drunk-driving crashes or one person every 39 minutes. These deaths were all preventable. If your loved one passed away due to a fatal drunk driving accident, our wrongful death attorney in Las Vegas can help you seek legal recourse.
Meet the Attorneys
Michael S. Valiente
Founder & Attorney
Mike Valiente understands the importance of exceptional client service, a lesson he learned after a personal car accident where he received poor legal representation. Determined to provide a better experience for his clients, Mike co-founded Valiente Mott with a focus on helping injury victims, not insurance companies. After earning top honors in law school, Mike defended major insurance companies before shifting his focus to personal injury law. His experience and dedication have earned him a reputation as one of Las Vegas’ leading attorneys, with most of his clients coming through referrals from other professionals and satisfied clients. Mike is fluent in Spanish and licensed in Nevada and California.
To learn more about Michael Valiente and his values, watch the video below:
Timothy A. Mott
Founder & Attorney
Tim Mott, a proud Las Vegas native from a long line of Nevada residents, is deeply committed to serving his community. As a personal injury lawyer, Tim has tried several cases to verdict and has never lost a trial, earning him recognition as one of Nevada’s top legal professionals. Known for his dedication to representing injury victims over powerful corporations, Tim takes great pride in his work and receives most of his cases through referrals from fellow attorneys and satisfied clients. A magna cum laude graduate of the William S. Boyd School of Law, Tim is licensed to practice in Nevada, Utah, and Washington.
To learn more about Tim Mott and his values, watch the video below:
What Our Clients Are Saying About Us
“If one needs peace of mind when faced with a legal case, Valiente Mott Injury Attorneys is the place to go”
Kudos to Mr. Timothy Mott for having such a great team, his professional charisma and dignity are outstanding.
We highly recommend them, thank you for everything
Alexandra V. | Google Review
“I would strongly recommend giving them a call if you’ve been in an accident no matter how big or small!!”
Cindy | Google Review
“I couldn’t recommend them enough”
Benjamin B. | Google Review
What To Do After A Las Vegas Drunk Driving Accident
Being involved in a drunk driving accident in Las Vegas can be a traumatic experience. Knowing the appropriate steps to take afterward can protect your rights and help you secure the compensation you deserve. Here’s an overview of the steps you can take to help you navigate this difficult time.
Ensure Safety and Seek Medical Attention
Your immediate priority after the accident should be your safety and well-being. If anyone is hurt, call 911 right away to request medical assistance. Even if you feel uninjured, it’s essential to seek medical evaluation as some injuries may not be immediately apparent due to shock or adrenaline.
Call Law Enforcement
Even if you aren’t injured, it is crucial to report the accident to the police, especially if a drunk driver is involved. Law enforcement officers will document the scene, gather evidence, and may perform sobriety tests on the other driver. An official police report will serve as a critical piece of evidence for any legal actions or insurance claims that follow.
Gather Evidence at the Scene
If it’s safe to do so, collect as much information as possible at the accident scene. Take photographs of vehicle damage, road conditions, and any visible injuries. Document the location, time, and circumstances of the accident. This evidence can be invaluable for your personal injury case later on.
Obtain Contact Information
Exchange contact and insurance information with anyone involved in the accident. Make sure you collect contact information from any witnesses who saw the incident. Witness testimonies can strengthen your case by providing an account of what happened.
Notify Insurance Company
Inform your insurance provider about the accident as soon as possible. Provide them with accurate details but avoid speculating or admitting fault. Be honest and concise in your communication to ensure your coverage applies.
Consult with a Personal Injury Lawyer
Reach out to a qualified Las Vegas personal injury lawyer experienced in drunk driving cases. An attorney can provide valuable guidance on your legal rights and help you navigate the complex legal system. They can assist with gathering evidence, communicating with insurance companies, and representing you in court if necessary. Having a lawyer on your side increases the likelihood of securing fair compensation.
Preserve All Documentation
Keep all records related to the accident and your injuries organized and accessible. This includes medical reports, hospital bills, prescriptions, correspondence with insurance companies, and any documentation of missed work or other impacts on your life. Detailed records will support your claim and assist your lawyer in building a strong case on your behalf.
Avoid Discussing the Accident Publicly
Refrain from posting details about the accident or your injuries on social media platforms. Insurance adjusters and opposing counsel may monitor your online activity for information that could be used against you. Discuss the accident only with your lawyer to protect the integrity of your case.
Adhere to Medical Advice and Treatment Plans
Follow all medical advice and attend all scheduled appointments related to your injuries. Consistent treatment not only helps you in your recovery but also demonstrates the extent of your injuries in legal proceedings. Failing to follow medical recommendations can weaken your claim by suggesting that your injuries are not as severe as reported.
Understand the Statute of Limitations
Be aware that Nevada has a statute of limitations for personal injury claims arising from car accidents. Generally, you have two years from the date of the accident to file a lawsuit.
Within 2 years Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
Consulting with a personal injury lawyer promptly ensures that you do not miss critical deadlines that could bar you from seeking compensation.
Stay Informed and Involved in Your Case
Maintain open communication with your lawyer and stay informed about the progress of your case. Ask questions to understand your options and the potential outcomes. Being actively involved helps your attorney represent your interests more effectively and can lead to a more satisfactory resolution.
Experiencing a drunk driving accident in Las Vegas is undoubtedly distressing, but taking these steps can help you manage the aftermath more effectively.
Evidence Used to Prove Fault in a Drunk Driving Case
Proving a drunk driving accident case involves collecting evidence to demonstrate that the other driver was intoxicated and that their negligence caused the accident and your injuries. As an injured party, understanding the types of evidence needed can help strengthen your claim and increase the likelihood of receiving fair compensation. Below are some of the most important types you can use:
Police Reports and Officer Testimony
The police report is a critical piece of evidence in a drunk driving accident case. It typically contains the responding officer’s observations, notes on the driver’s behavior, and any test results for alcohol consumption. Law enforcement officers can also provide testimony regarding their thoughts on the driver’s impairment, results of field sobriety tests, and any arrests made at the scene.
Chemical Test Results
Results from breathalyzer, blood, or urine tests are concrete evidence of a driver’s blood alcohol concentration (BAC) at the time of the accident. A BAC of 0.08% or higher is considered legally intoxicated. These test results can substantially support your claim by providing scientific proof of the driver’s impairment.
Eyewitness Testimonies
Statements from witnesses who observed the accident or the driver’s behavior can strengthen your case. Witnesses may have seen the driver swerving, speeding, or displaying signs of impairment before the collision.
Surveillance and Traffic Camera Footage
Video footage from nearby surveillance cameras, traffic cameras, or dashcams can capture the events leading up to the accident. This visual evidence can demonstrate erratic driving patterns, disregard for traffic signals, or other behaviors indicating impairment, helping to establish fault.
Photographs from the Scene
Photographs taken at the accident scene can provide valuable evidence. Images of vehicle damage, skid marks, road conditions, and injuries can help reconstruct the accident and demonstrate the severity of the collision. Visual evidence can be compelling in showing the impact of the drunk driver’s actions.
Medical Records and Reports
Your medical records document the injuries sustained from the accident and the treatments required. These records are essential for linking your injuries directly to the accident and for demonstrating the extent of harm caused by the other driver’s negligence. Detailed medical documentation supports your claim for damages.
Defendant’s Admissions or Statements
Any statements made by the at-fault driver admitting to drinking or expressing guilt can be used as evidence. This includes comments made at the scene, to the police, or on social media platforms. These admissions can significantly bolster your case.
Receipts from Bars or Restaurants
If available, receipts or transaction records showing that the driver purchased alcohol prior to the accident can help establish a timeline and the amount of alcohol consumed. This evidence can be obtained through legal processes and can substantiate claims of the driver’s intoxication.
Prior DUI Convictions or History
A history of prior DUI convictions may be admissible in certain circumstances to demonstrate a pattern of negligent behavior. While prior records alone cannot prove intoxication at the time of your accident, they can provide context and support claims, especially if combined with other evidence.
Expert Witness Testimony
Expert witnesses, such as accident reconstruction specialists or toxicologists, can provide professional analyses that support your case. They can interpret evidence, explain the effects of alcohol on driving abilities, and reconstruct the accident to demonstrate how the driver’s impairment caused the collision.
Cell Phone Records
Cell phone data may reveal the driver’s activities leading up to the accident, such as texting, calling, or posting on social media about drinking. This information can serve as additional evidence of negligence and impairment at the time of the crash.
Vehicle Data and Black Box Information
Modern vehicles often have event data recorders (EDRs) that capture information about the vehicle’s speed, braking, and other operating conditions at the time of the accident. Accessing this data can provide objective evidence of reckless driving behavior consistent with impairment.
Collecting comprehensive evidence is vital in a drunk driving accident case to prove the other driver’s liability. Working with a personal injury lawyer can help ensure all relevant evidence is obtained and appropriately presented.
Compensation You Can Obtain in a Drunk Driving Accident Case
Being involved in a drunk driving accident can have devastating physical, emotional, and financial consequences. If you’ve been injured by a drunk driver, you have the right to seek compensation for your losses.
Understanding the types of compensation available can help you work effectively with a personal injury lawyer to secure the maximum recovery. Common types of compensation include the following:
Medical Expenses
One of the most immediate concerns following an accident is covering medical costs. Compensation can include reimbursement for:
- Emergency Room Visits: Costs for immediate care after the accident.
- Hospital Stays: Expenses for any inpatient treatments or surgeries.
- Medical Procedures: Fees for surgeries, tests, and other necessary medical interventions.
- Medications: Costs for prescription drugs needed for your recovery.
- Follow-Up Appointments: Expenses for ongoing care, including visits to specialists.
- Rehabilitation Services: Physical therapy, occupational therapy, or other rehabilitative treatments.
Lost Wages and Loss of Earning Capacity
Injuries from the accident may prevent you from working temporarily or permanently. Compensation can cover:
- Lost Income: Wages lost during recovery time when you were unable to work.
- Reduced Earning Capacity: Compensation if your injuries affect your ability to earn at the same level as before the accident.
- Loss of Employment Benefits: This can include retirement contributions, bonuses, or promotions missed due to extended leave.
Pain and Suffering
This compensation addresses the physical pain experienced as a result of the accident. It is more subjective and considers:
- Severity of Injuries: More severe injuries may warrant higher compensation.
- Duration of Pain: Both past and future anticipated pain.
- Impact on Quality of Life: How the injuries affect daily activities and enjoyment of life.
Emotional Distress
Emotional and psychological impacts are common after traumatic events. Compensation can be sought for:
- Anxiety and Depression: Emotional suffering resulting from the accident.
- Post-Traumatic Stress Disorder (PTSD): Psychological trauma needing professional treatment.
- Mental Anguish: Ongoing emotional struggles related to the accident and injuries.
Loss of Consortium
If the injuries affect your relationship with your spouse or family, you may receive compensation for:
- Loss of Companionship: Negative impact on the marital relationship.
- Loss of Support: Changes in the ability to provide emotional or financial support.
- Loss of Affection: Affecting intimacy and affection within the family.
Property Damage
Compensation for property damage covers the repair or replacement of your vehicle and any personal items damaged in the accident:
- Vehicle Repairs or Replacement: Costs to fix or replace your car.
- Personal Belongings: Reimbursement for items like smartphones, laptops, or other valuables damaged during the collision.
- Rental Car Expenses: Costs incurred from renting a vehicle while yours is being repaired.
Punitive Damages
Punitive damages may be awarded in addition to compensatory damages to punish the at-fault driver for particularly egregious behavior and deter similar conduct in the future. These are awarded in cases where the defendant’s conduct was particularly egregious. In Nevada, driving drunk and causing an accident can lead to punitive damages.
NRS 42.010 Exemplary and punitive damages: Injury caused by operation of vehicle after consumption or use of alcohol or another substance. 1. In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully consuming or using alcohol or another substance, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.
Wrongful Death Damages
If the accident caused the death of a loved one, certain family members might be able to obtain compensation for:
- Funeral and Burial Expenses: Costs associated with laying your loved one to rest.
- Loss of Financial Support: Income the deceased loved one would have provided.
- Loss of Services: Compensation for household services the deceased performed.
- Loss of Love and Companionship: Emotional suffering from the loss of a family member.
Navigating the aftermath of a drunk driving accident is challenging, but understanding the types of compensation available can help you pursue the full extent of damages you’re entitled to. Working with an experienced personal injury lawyer can ensure your rights are protected and that you receive fair compensation for your losses.
Contact Valiente Mott To Speak WIth a Las Vegas Drunk Driving Accident Lawyer
The Las Vegas drunk driving accident attorneys at Valiente Mott help drunk driving accident victims to get the full compensation they need and deserve to recover from collisions caused by impaired motorists. We encourage all motorists to refrain from driving after consuming intoxicating substances—and we fight to hold impaired drivers accountable after they cause severe injuries. Contact our Las Vegas car accident lawyers today to discuss your case.
