DRUNK DRIVING ACCIDENTS

The facts which outline the effects of drunk driving are staggering. It has been estimated that over 300,000 people drive in an impaired condition every day. These drivers cause a motor vehicle accident every two minutes; they kill someone every hour. In Nevada drunk drivers kill more than one person, on average, every week. Most alcohol-related accidents occur in the Las Vegas area, where, for many visitors, drinking alcohol is a natural part of the experience.

Despite concentrated efforts by law enforcement to prevent drunk driving, including sobriety checkpoints, ignition interlocks, medial campaigns, and community outreach, the average drunk driver will drive over 80 times in an impaired condition before an arrest. And when finally arrested, he or she is likely to continue to drive on a suspended license.

Once an alcohol-related accident occurs, Nevada law mandates fines, required classes, license revocation, jail time and other punishment for the drunk driver. The cost of even an initial DUI charge can exceed $10,000.

Unfortunately, these penalties do not adequately compensate the victims of drunk driving, who are also unable in the state of Nevada to recover against the purveyors of alcohol pursuant to the following statute: “A person who serves, sells or otherwise furnishes an alcoholic beverage to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the alcoholic beverage was served, sold or furnished as a result of the consumption of the alcoholic beverage.” Although an exception exists for serving alcohol to minors, this statute essentially protects the tourist industry from liability, unlike the laws found in many other states.

Despite the obstacles, we use statutory remedies in civil actions to secure compensation for the victims of drunk drivers. Under Nevada statutes, an accident victim can recover both compensatory and punitive damages when a driver willfully consumes alcohol or another substance which causes impairment, knowing that he or she would thereafter operate a motor vehicle. Furthermore, if a drunk driver is convicted of driving under the influence when he or she caused the accident, Nevada statutes declare that the conviction is “conclusive evidence of facts necessary to impose civil liability for the related injury.” Even when a conviction is not secured, we can often use the fact that alcohol was involved in an accident to secure favorable results for our clients.