Nevada’s Drunk Driving Fatality Rates are well above the National average, and a 2009 report from the National Center for Disease Control says Washoe County has the dubious honor of being first in the nation for “heavy drinkers.” Approximately one-third of all highway deaths in Clark County were attributable to drunk driving in the Las Vegas area, in 2007. This percentage increases, nationwide, on March 17th, St. Patrick’s Day. According to National Highway Traffic Statistics, alcohol-related crashes increase approximately 5% above the national average on this day of celebration.

A single instance of drunk driving that results in an accident is enough to end a life, maim a person, and ruin a family. Yet, when evaluating charges, a criminal court takes into consideration a person’s prior “clean” record as well as his character before it sentences the driver. This may result in lenient charges and sentences which are “slaps on the hand,” in comparison to the destruction caused by the drunk driver. Families who have lost loved ones or persons who are injured in a drunk driving accident may find they did not receive justice from the criminal system which may have imposed low criminal penalties.

Civil liability in such cases can give a family or the injured individual the justice they wish for by holding a person financially accountable for his negligence.

An injured motorist can claim compensation from the negligent motorist for a variety of damages:
• Medical expenses already incurred
• Future medical expenses
• Physical pain
• Mental suffering
• Loss/Destruction of property
• Loss of enjoyment of life
• Permanent physical disability
• Lost wages

Family members of a person who was killed by a drunk driver may file a wrongful death claim against the negligent motorist, pursuant to NRS 41.085. In a wrongful death action, the following types of damages may be recovered by survivors of the decedent:
• Loss of future companionship, society, and comfort.
• Loss of services of monetary value, including present as well as future loss of support.
• Any special damages such as medical expenses sustained before the decedent’s death.
• Funeral expenses.
• Exemplary or punitive damages that the decedent would have recovered if he or she had lived.
• Pain and suffering, if consciously experienced by the decedent.
Punitive damages are designed to punish a drunk motorist for his negligent behavior and can differ depending on the severity of the injuries or the extent of the drunk driver’s negligence.

Persons other than the driver that may be held liable for a drunk driving accident may include:
• Passengers: if the passenger of a drunk driver aided or encouraged the driver in becoming intoxicated, he may be liable.
• Police officers: if an officer pulled over a drunk driver but did not arrest him, despite evidence of his intoxication and an accident is later caused by the drunk driver, this officer may be liable to the victim.
• Employers: in some limited situations, an employer may be held liable for the acts of an intoxicated employee if the employer is in a position to control consumption and distribution of alcohol at work-related events. Usually, unless a company car was involved or the accident occurred on the employer’s property or in furtherance of the employee’s work duties, many courts have rejected employer liability for injuries caused in an employee’s drunk driving accident.

Drunk driving accidents take a grave toll on society, from the injuries or deaths of loved ones to the costs of paying for the accidents. Persons who engage in this type of driving should be held legally responsible for their actions.

Mainor Eglet Cottle is a law firm dedicated to the civil representation of personal injury victims, including victims of drunk driving accidents. If you desire a free consultation on a personal injury matter, please call us at (702) 450-5400 or toll free (800) 450-5406. General information is also available via email at admin@mainorlawyers.com.