A drunk driver does not just total a car. They can leave you with a fractured spine, a hospital bill that keeps growing, and a police report an insurance adjuster is already trying to poke holes in. Ralph A. Schwartz, PC has represented Las Vegas drunk driving accident victims for more than 30 years, and Ralph personally reviews every case from the first call to the final result. Call 702-888-5291 now for a free consultation with a Las Vegas drunk driving accident lawyer.
Free consultation. No fee unless we win. Se habla español.
Why Crash Victims Choose Ralph A. Schwartz, PC as Their Drunk Driving Accident Attorney
- Ralph Schwartz has practiced law in Nevada since 1994 and is a former insurance defense attorney, so he knows how insurers evaluate a claim once their own driver was impaired, and what they will try to dispute anyway.
- Every case is handled personally by Ralph and an attentive legal assistant. Clients are not handed off to an associate or a case manager.
- Ralph is a member of the Multi-Million Dollar Advocates Forum, the Million Dollar Advocates Forum, the ATLA Top 100 Trial Lawyers, and the Nevada Justice Association, and the firm is BBB certified.
- Free consultations, no fee unless we win, and Se habla español.
“Ralph and his team were amazing. I got into an accident and have never dealt with using an attorney. They were extremely helpful and made everything easy for me to understand and guided me throughout the whole process. Being in an accident is bad enough but then dealing with the stress of everything that comes from it was a huge fear. But they put my fears at ease. Thanks again guys. Simply AMAZING.” – Dylan F.
How Nevada Law Treats a Drunk Driving Accident Case
A drunk driving accident almost always runs on two tracks at once: a criminal DUI case against the driver, and your separate civil claim for compensation. A drunk driver injury lawyer works the civil track, which is where your medical bills, lost income, and pain and suffering are actually recovered. You do not have to wait for the criminal case to resolve, and a conviction is not required to win your claim, though the evidence overlaps heavily. The responding officer’s report, field sobriety test results, and any blood alcohol concentration (BAC) reading become central evidence in your case. Nevada law defines a BAC of 0.08 or higher as legally impaired under NRS 484C.020, and a citation or arrest for DUI at the scene strengthens a civil claim considerably.
Nevada is a modified comparative-negligence state under NRS 41.141. You can still recover damages as long as your own share of fault is 50 percent or less, with your recovery reduced by whatever percentage of fault is assigned to you. In most drunk driving cases the impaired driver bears the overwhelming share of fault, but insurers still look for any argument that reduces what they owe, which is why documenting the scene and the driver’s condition matters from the first hour.
Who Can Be Held Liable Besides the Drunk Driver
- The drunk driver, for the underlying crash
- The driver’s employer, if the driver was working, driving a company vehicle, or operating a commercial or rideshare vehicle at the time
- A bar, restaurant, or casino, in limited circumstances. Nevada’s dram shop law, NRS 41.1305, generally shields a business from liability for serving alcohol to an adult who is 21 or older, but liability can apply when alcohol was served to someone under 21 who then caused the crash
- Your own insurance carrier, through uninsured or underinsured motorist (UM/UIM) coverage, when the drunk driver has no insurance, not enough insurance, or fled the scene
Nevada Insurance Requirements After a Drunk Driving Accident
Nevada law requires every driver to carry liability insurance of at least $25,000 for the injury or death of one person, $50,000 total for two or more people, and $20,000 for property damage, under NRS 485.3091. Drunk driving crashes are disproportionately likely to involve a driver who fled, was uninsured, or was underinsured relative to the injuries caused, which makes your own UM/UIM coverage one of the most important sources of recovery in these cases. We review your policy, the at-fault driver’s coverage, and any other available insurance, including umbrella and commercial policies, before valuing a claim.
What Compensation Is Available After a Nevada Drunk Driving Accident
Damages in a Nevada drunk driving accident claim depend on the severity of the injury, the insurance and other assets actually available, and the strength of the liability evidence. Depending on the facts, compensation may include:
- Medical bills, both past treatment and future care such as surgery, rehabilitation, ongoing therapy, and equipment
- Lost wages during recovery
- Lost earning capacity, when the injury affects your long-term ability to work
- Property damage to your vehicle and other personal effects
- Pain and suffering
- Emotional distress
- Permanent impairment, scarring, or disfigurement
- Wrongful death damages, where applicable
Drunk driving cases carry one added source of compensation that most crash claims do not. Under NRS 42.010, a person injured by a driver who caused the crash while willfully under the influence of alcohol or drugs may pursue exemplary or punitive damages without the dollar caps that normally apply to punitive damages under NRS 42.005. That does not guarantee a punitive award, since it still depends on the facts of the case, but it is a meaningful difference from an ordinary negligence claim, and it is one reason a drunk driving case should be evaluated by an attorney rather than settled quickly with the insurer.
Every case is fact-specific, and we do not promise a number before reviewing the police report, medical records, and available insurance coverage. What we commit to is building the case fully, so that whatever your claim is worth, you are not leaving anything on the table.
Past results do not guarantee, warrant, or predict the outcome of your case (Nevada SCR 198).
What To Do After Being Hit by a Drunk Driver in Las Vegas
- Call 911 and get medical attention even if you feel okay. Adrenaline masks pain, and some injuries do not show symptoms until the next day.
- Make sure the responding officer documents any signs of impairment, a field sobriety test, or a DUI arrest in the crash report, and get the report number before you leave.
- Photograph everything: both vehicles, the road, any open containers or evidence at the scene, your injuries, and the location from multiple angles.
- Get contact information from witnesses. Witness accounts of erratic driving or visible intoxication are often decisive.
- Do not give a recorded statement to the other driver’s insurer before speaking with an attorney. Adjusters still look for ways to dispute the extent of your injuries or your own conduct, even when their insured was drunk.
- Keep records of every medical visit, missed day of work, and out-of-pocket expense connected to the crash.
- Call a Las Vegas DUI accident lawyer for a free consultation before accepting any settlement offer.
Case Results for Our Drunk Driving and Injury Clients
“Where can I start? From beginning to end I got nothing but great advice on how to go about my case. He was hands on, and when I couldn’t reach him he’d return my calls. He always cared about my health and getting me back to where I was before my accident. He got me the compensation I deserved. Thank you to Ralph Schwartz and his team.” – Wilfredo S.
Frequently Asked Questions
How do you prove the other driver was drunk in a Nevada civil case?
Does the insurance company automatically pay if the driver was arrested for DUI?
Can I recover punitive damages if the driver was drunk?
Can I sue the bar, restaurant, or casino that served the driver?
What if the drunk driver had no insurance or fled the scene?
How long do I have to file a Nevada drunk driving accident lawsuit?
I was visiting Las Vegas when the crash happened. Can you still represent me?
Practice Areas
Personal Injury
Workplace Injuries and Accidents
Related Injury Claims We Handle
If the crash resulted in a death, our wrongful death page explains the claims available to surviving family members. When a drunk driving crash causes a serious brain or spinal injury, our catastrophic injuries page covers those cases in more depth, and our car accident page covers the broader range of Las Vegas collision claims we handle.
A Las Vegas drunk driving accident lawyer who has worked both sides of these claims since 1994 is ready to review yours at no cost. Call 702-888-5291 or schedule a free consultation today. Free consultation. No fee unless we win.