The Substance Abuse and Mental Health Services Administration (SAMHSA) within the U.S. Department of Health and Human Services states that “substance use can impair perception, cognition, attention, balance, coordination, and other brain functions necessary for safe driving.” Driving while intoxicated has been linked to reckless driving, car crashes, and fatal accidents. Impaired drivers lack the reaction time needed to avoid collisions, but a car accident lawyer could hold them accountable.
If you were hurt in a drunk driving car accident in Reno, a lawyer at Valiente Mott could help you recover compensation for your damages and losses and provide the financial resources you need to heal and rebuild your life. Call for a free consultation today. We can evaluate your case and advise you of your legal options.
What to Do After a Drunk Driving Accident
The moments after a crash with an impaired driver can feel chaotic, but the steps you take matter for your health and your case. Call 911 right away so Reno Police or the Washoe County Sheriff can respond, document the scene, and note any signs of impairment, such as slurred speech or the smell of alcohol. Seek medical attention even if your injuries seem minor, since some symptoms take hours or days to appear. Photograph the vehicles, the roadway, and any visible injuries before evidence disappears. Get the names and contact information of witnesses, as their accounts can corroborate what happened.
Because drunk driving so often leaves accident victims in Reno unsure of what comes next, having a clear checklist to follow can bring some order to an overwhelming situation. Avoid giving a recorded statement to the other driver’s insurance company until you have spoken with a lawyer, since adjusters often look for ways to reduce a payout. Keep every medical bill, repair estimate, and note about missed work, as these records help establish the full value of your claim.
What is the Legal Limit in Nevada for Intoxication?
The law determines when someone is impaired based on their blood alcohol concentration (BAC). Factors that impact the BAC include the number of drinks consumed, the amount of time in which they were consumed, and body weight. In Nevada, a blood alcohol concentration of .08% is the legal limit. However, drivers under 21 will face criminal charges for a BAC of .02 percent or above, and for motorists with commercial driver’s licenses (CDL), it is .04 percent.
It is against the law to use marijuana in Nevada. Besides alcohol, it is the most commonly detected drug in drivers involved in car accidents. One study found that marijuana increased the odds of being in a car accident by 83 percent. However, proving someone is under the influence of marijuana is not as easy. THC can stay in the body for anywhere from one to 30 days, depending on how often the driver uses it. If pulled over, police may use evidence such as discovering marijuana in the car, bloodshot eyes, and statements from witnesses.
Driver Impairment is an Act of Negligence
There are four elements of negligence that a Reno DUI accident lawyer must be able to prove:
- The defendant owed you a duty of care
- The duty of care was breached through their intoxication
- Your injuries resulted directly from the breached duty
- You suffered compensable damages in the accident
Typically, there is no dispute over the first element, given that all drivers must take adequate steps to operate their vehicles safely. If the at-fault motorist was impaired, they breached the duty of care owed to you.
Liability and Negligence
While an impaired driver is often the clearest source of liability, other parties can share responsibility for a crash. The state follows a modified comparative negligence rule under Nevada Revised Statutes 41.141, meaning your compensation may be reduced by your percentage of fault, and you cannot recover any damages at all if you are found more than 50% responsible. If the at-fault driver was working at the time of the crash, their employer may also bear liability. In some situations, a bar, restaurant, or social host that continued serving a visibly intoxicated patron could face liability as well.
Sorting out fault after drunk driving leads to a car accident is rarely simple, and Reno residents often find that more than one party has played a role in what happened. Identifying every responsible party is an important part of building a strong claim, and our firm investigates each accident thoroughly to determine who should be held accountable for your losses.
Damages
Nevada law allows individuals hurt by an impaired driver to pursue both economic and non-economic damages. Economic damages include medical expenses, future rehabilitation costs, lost wages, reduced earning capacity, and property damage to your vehicle, while non-economic damages compensate for pain and suffering, emotional distress, and the loss of enjoyment of everyday activities. Because driving under the influence reflects such a reckless disregard for others, Nevada courts may also allow punitive damages in some cases, which are intended to punish the at-fault driver rather than simply reimburse you.
When someone is drunk behind the wheel and causes a car accident, the resulting harm often extends well beyond the initial medical bills, touching nearly every part of a person’s daily life. Our team works to account for every category of loss, including expenses you may not immediately connect to the crash, such as home modifications for a lasting injury or counseling for trauma. We believe your recovery should reflect the true, long-term impact the collision has had on your life, not just your immediate medical bills.
What if the Driver is Uninsured or Underinsured?
Not every impaired driver carries enough insurance, or any insurance, to cover the harm they cause. Nevada requires insurers to offer uninsured and underinsured motorist coverage under Nev. Rev. Stat. 687B.145, which can step in when the at-fault driver cannot fully pay for your damages. If you carry this coverage, you may file a claim directly with your own insurance provider, though the insurers can still dispute the value of your injuries.
It can be especially frustrating to learn that the drunk driver responsible for your car accident carries little or no coverage. Reviewing your policy with a Reno drunk driver accident lawyer helps you understand what coverage is available and how to pursue it. We can handle communications with your insurer, gather the documentation needed to support your claim, and pursue every avenue for recovery when the driver responsible for the crash cannot pay on their own.
Relationship Between Criminal Charges and Compensation
A drunk driver who causes a crash may face criminal charges separate from any civil claim you bring for compensation. These two processes serve different purposes: the criminal case addresses violations of the law and may result in fines, license suspension, or jail time, while your civil claim focuses on recovering money for your medical bills, lost income, and other losses. Notably, a criminal conviction can serve as helpful evidence in your civil case, since it may establish that the driver was, in fact, impaired at the time of the collision.
Even when drunk driving results in a car accident that leads to criminal proceedings in Reno, you are not required to wait for that case to conclude before pursuing your own compensation, and the two cases often move on separate timelines. Our firm can monitor the criminal proceedings while working on your civil claim, using any available evidence to strengthen your pursuit of full and fair compensation.
Call Valiente Mott for a Free Consultation After a Drunk Driving Car Collision
Valiente Mott is a law firm dedicated to helping accident victims. We handle all personal injury matters, including drunk driving car accidents in Reno. We are compassionate yet aggressive when advocating for our clients, including families who lost loved ones in fatal accidents. A lawyer with Valiente Mott can review your case and advise you of your options. Contact us today for a free consultation. Since we work on a contingency basis, there are no upfront legal fees.
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