Howard Injury Law

Las Vegas Personal Injury Lawyer

Drunk Driving Accident Lawyer Las Vegas

Hit by a Drunk Driver in Las Vegas? Your Claim May Be Worth More Than Medical Bills.

When a driver chooses to get behind the wheel drunk, Nevada law treats it as more than an accident — and it can open the door to punitive damages most crash victims never know exist. We build that argument from day one, pursuing every dollar beyond your medical bills the law allows, and you pay nothing unless we win.

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A Drunk Driving Accident Claim in Las Vegas Isn't a Standard Car Accident Claim

A drunk driving accident claim in Las Vegas can recover more than a standard car accident claim. When a driver chooses to get behind the wheel impaired, Nevada law lets victims pursue punitive damages — money on top of medical bills, lost wages, and pain and suffering. Most crash victims never learn this option exists. Their insurers are counting on that.

You were hit. You didn't choose any of this — the driver did. Now their insurance company is making its own choice: to close your file fast and cheap, before you understand what you're actually entitled to under Nevada law.

Howard Injury Law represents drunk driving crash victims across Las Vegas and Clark County. We build the punitive damages argument from day one — not as an afterthought when negotiations stall — and pursue every dollar the law allows. The consultation is free, we're available 24/7, and you pay nothing unless we win.

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Who Can Be Held Liable for a Drunk Driving Accident in Las Vegas?

In most Las Vegas drunk driving crashes, the primary defendant is the impaired driver. But depending on the facts, more than one party can be responsible — and finding every one of them is how you reach every available source of compensation.

  • The Impaired Driver

    The person who chose to drive drunk is the primary at-fault party in nearly every case, and their auto insurance is usually the first source of recovery.

  • The Driver's Employer

    If the drunk driver was working, driving a company vehicle, or on a delivery or commercial run at the time of the crash, the employer may share liability for what happened.

  • The Vehicle's Owner

    When someone knowingly hands the keys to a person who is impaired or has a history of DUI, Nevada's negligent entrustment doctrine can extend liability to the owner.

  • Your Own Insurance

    If the driver was uninsured, underinsured, or fled the scene, your uninsured/underinsured motorist (UM/UIM) coverage may become your primary path to recovery.

What about the bar, casino, or restaurant that served the driver? In most cases, no. Nevada is one of the strictest states in the country on this — it shields licensed alcohol vendors from civil liability for serving an adult who later causes a crash, even one who was visibly drunk. The one narrow exception involves service to a minor under 21, and we break down exactly when it applies further down.

Las Vegas drunk driving crashes concentrate where alcohol and traffic overlap around the clock — Las Vegas Boulevard and the Strip, Flamingo Road, Koval Lane, and Tropicana Avenue — while wrong-way collisions, almost always DUI-related, occur with disturbing regularity on the I-15, US-95, and the I-215 Beltway. That geography matters for your case: casino, bar, and traffic-camera footage along these corridors can establish the driver's impairment and the sequence of the crash — but it overwrites in as little as 24 to 72 hours. The sooner it's preserved, the clearer the liability picture becomes.

How Insurance Companies Fight a Drunk Driving Accident Claim in Las Vegas

An insurance company's goal after a drunk driving crash is to pay you as little as possible — and in DUI cases specifically, that means one thing: keeping punitive damages off the table and closing your file before you learn they exist. Here's the playbook they run.

  • The early "full and fair" offer. A fast settlement check that looks generous is often built to close your claim before punitive damages, future medical costs, and the real value of your case are on the table. Sign the release and those future claims are gone permanently.
  • Attacking the BAC and toxicology evidence. Punitive damages depend on showing the driver's impairment was a conscious disregard for safety. Expect the insurer to challenge the blood alcohol test's timing, calibration, and handling to turn a clear violation into a dispute.
  • "Wait for the criminal case." You'll be told to hold off until the DUI prosecution resolves. That delay runs your civil clock and lets time-sensitive evidence — surveillance, toxicology records, witnesses — disappear. Your civil claim is separate and can move now.
  • The recorded statement. An adjuster calls early and friendly, asking you to "just confirm a few details." Anything you say can be used to minimize your injuries or shift the blame — and you are not required to give one.
  • Shifting fault onto you. Under Nevada's comparative negligence rule (NRS 41.141), your recovery is reduced by your share of fault — so insurers work to pin some of it on you. You can still recover as long as you are not more than 50% at fault.
  • Disputing your injuries. Any gap in your medical treatment becomes their argument that you weren't really hurt. Consistent care, documented from day one, closes that door.

None of this is about whether the driver was drunk — it's about how little the insurer has to pay for it. An attorney who knows how these companies evaluate and defend DUI claims from the inside can neutralize the playbook: preserve the evidence before it's gone, refuse the early offer, and build the punitive damages argument from day one.

“Drunk driving crashes are almost never minor. When someone gets behind the wheel impaired, the wrecks tend to be violent — and the injuries are serious, life-changing, or worse. That’s not bad luck. It’s the result of a choice that driver made.

Nevada law takes that choice seriously, and so do we. It’s why these cases can be worth more than a standard crash — and why you shouldn’t face the insurance company alone. You focus on healing. Holding them fully accountable is our job.”

–Glen, Owner of Howard Injury Law
Glen Howard, owner of Howard Injury Law, Las Vegas drunk driving accident lawyer
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How We Prove Liability in a Drunk Driving Accident Case

Liability in a drunk driving case is often more straightforward to prove than in a standard crash. When a driver is over Nevada's legal limit and causes a collision, they've violated the state's DUI statute (NRS 484C.110) — and that violation establishes their negligence automatically, a rule called negligence per se. You're not fighting a he-said-she-said case. You're showing a broken safety law caused your injuries.

You don't have to prove the driver was impaired — your attorney does, using evidence that is strongest immediately after the crash and disappears fast. These are the sources that matter most.

  • BAC test results. The official blood or breath alcohol test from law enforcement is the single strongest piece of evidence in a DUI civil claim. It has to be formally requested and independently verified — the records don't release themselves.
  • Police and arrest records. Field sobriety notes, bodycam footage, and the arrest report document the driver's behavior at the scene — establishing impairment independent of the BAC number.
  • Surveillance footage. Cameras at the casino, bar, or restaurant where the driver was drinking — plus traffic cameras along the route — can show consumption and driving behavior before impact. This footage overwrites in as little as 24 to 72 hours.
  • Witness accounts. Bar staff, other patrons, and bystanders who saw the driver's condition before or during the crash can place impairment on the record — but in a city of 40 million annual visitors, witnesses scatter fast.
  • Prior DUI history. A driver's earlier convictions are admissible in a punitive damages argument and can substantially increase total recovery.
  • Phone and social media records. In some cases, the driver's own posts or messages document their drinking in the hours before the crash.

Proving impairment does more than establish fault — it's what unlocks punitive damages. The stronger the evidence of a conscious choice to drive drunk, the stronger the argument for compensation beyond your medical bills. That's why the evidence has to be preserved now, before it's gone. You focus on recovering; we handle every piece of it.

What to Do After a Drunk Driving Accident in Las Vegas

The most important thing you can do after a drunk driving crash is protect two things at once — your health and your evidence — before the insurance company starts building its case against yours.

  • Get medical care immediately. It protects your health and creates the record that proves your injuries. Any gap in treatment becomes the insurer's argument that you weren't really hurt.
  • Don't give a recorded statement or accept an early offer. Adjusters call fast and friendly — anything you say can be used to shrink your claim, and you are not required to give one.
  • Document everything. Photos of the scene, the police report number, the names and numbers of witnesses before they scatter, and every bill and medical record.
  • Contact a drunk driving accident lawyer quickly. The evidence that proves impairment — BAC records, surveillance, witnesses — deteriorates within days.

Nevada gives you two years from the date of the crash to file a personal injury lawsuit under NRS 11.190. That sounds like plenty of time — but it isn't, not when toxicology records, surveillance footage, and witness memories start disappearing within 24 to 72 hours. And if a government vehicle was involved, a separate claim procedure applies under Nevada's Tort Claims Act, with its own filing requirements — one more reason not to wait.

Drunk driving is one of many crash types we handle as Las Vegas motor vehicle accident lawyers. The sooner we're involved, the more of your case we can protect.

Las Vegas Drunk Driving Accident FAQs

How long do I have to file a drunk driving accident claim in Nevada?

Two years from the date of the crash under NRS 11.190. But waiting is a mistake in drunk driving cases specifically — blood alcohol evidence, surveillance footage, and witness memories deteriorate within days. If a government vehicle was involved, a separate claim procedure applies under Nevada's Tort Claims Act. The sooner an attorney is involved, the stronger your position.

Can I still pursue a civil claim if the drunk driver wasn't convicted?

Yes. A civil drunk driving claim is completely separate from the criminal case. The criminal standard is proof beyond a reasonable doubt; your civil claim requires only a preponderance of the evidence — more likely than not. A driver can avoid conviction and still be fully liable to you in civil court, so there's no reason to wait for the criminal case to resolve.

What if the drunk driver had no insurance?

Your own uninsured/underinsured motorist (UM/UIM) coverage may become your primary path to recovery. Nevada requires insurers to offer it, and many drivers carry it without realizing how to use it after a crash. We review your full policy as part of every case evaluation, at no cost.

Can I get punitive damages if a drunk driver hit me?

Yes, when the facts support it. Under NRS 42.005, Nevada allows punitive damages when clear and convincing evidence shows the driver acted with conscious disregard for the safety of others — and choosing to drive drunk frequently meets that standard. A high BAC, a prior DUI, or driving the wrong way strengthens the argument. Not every case qualifies, and the free consultation is where we assess yours honestly.

Can I sue the bar or casino that served the drunk driver?

In most cases, no. Under NRS 41.1305, Nevada shields licensed alcohol vendors — bars, restaurants, and casinos — from civil liability for serving an adult who later causes a crash, even one who was visibly intoxicated. The one narrow exception involves knowingly serving alcohol to a minor under 21. In nearly every adult DUI crash, the claim runs against the driver, not the establishment.

What makes a drunk driving claim worth more than a regular car accident claim?

Two legal tools. First, negligence per se: when a driver violates Nevada's DUI statute (NRS 484C.110) and causes a crash, their negligence is legally established — you don't have to prove it the way you would in a standard crash. Second, punitive damages, available on top of full compensatory recovery when the driver's conduct reflects conscious disregard for safety. Together they can raise the value of a DUI claim well above a standard car accident claim.

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The Driver Made a Choice. Now You Get to Make One Too.

You can face the insurance company alone, or put a team that knows how to hold them fully accountable on your side. The consultation is free, we're available 24/7, and you pay nothing unless we win.

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Get To Know Glen Howard, ESQ.

Founding attorney Glen Howard has spent his career standing beside Las Vegas drivers and families after serious crashes turned their lives upside down — and that's shaped the compassion he brings to every case. He and his team understand that a serious drunk driving crash isn't a case file; it's a life-changing event for you and the people who love you, and it's treated that way here. He has recovered more than $80 million for injury victims and their families, and you'll work directly with Glen and a dedicated case manager who handle you with care and respect — not a rotating cast of paralegals.

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You Deserve to Focus on Healing. We'll Handle Everything Else.

You never expected to be here. No one is supposed to know how to fight an insurance company, preserve evidence, or navigate Nevada injury law while recovering from a serious crash.

That's what we do.

Howard Injury Law is available 24/7. The consultation is free and confidential. You pay nothing unless we recover for you. And because Nevada sets a deadline to act, reaching out sooner keeps more of your options open. However you found us — searching for a drunk driving accident lawyer in Las Vegas, or referred by someone who trusted us with their case — we're ready when you are, and there's no pressure to decide anything today.

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We represent injury victims and grieving families across Las Vegas, Nevada with elite trial experience and courtroom strength. When your family’s future is at stake, you deserve a lawyer who prepares every case as if it’s going to trial.

Howard Injury Law

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