How to Prove the Other Driver was Drunk After a Crash in Las Vegas, NV

If you believe the driver who injured you was intoxicated, then persuading an insurance adjuster or a jury that the driver was drunk can mean the recovery of compensation in a car accident claim.

Alcohol impairs a driver’s reaction time, judgment, and coordination. Yet drunk drivers continue to kill and injure themselves and others in car accidents across Nevada and the U.S. on a daily basis.

It may surprise you to know that a driver does not have to be convicted or even charged with DUI for a personal injury lawsuit to be successful after an accident. To have a successful claim for compensation, you must have evidence to convince the insurer or a jury that the driver’s alcohol consumption caused the person to crash, which caused your injuries. Impairment begins long before a drinker reaches the legal limit of .08% blood-alcohol concentration. Many drivers with lower blood-alcohol concentrations get into accidents caused by their drinking and impaired judgment. A Nevada DUI conviction helps your claim, but it is not necessary.

The Las Vegas dui attorneys of Sam & Ash Injury Law can help you seek compensation for your injuries and other damages after an accident caused by a drinking driver. For a free case review, call us today or contact us online. We believe that when someone does you wrong, you deserve What’s Right.

Drinking and Driving and Drunk Driving Statistics

Addiction experts at the Desert Hope Treatment Center in Las Vegas wrote that “according to the Centers for Disease Control (CDC), even 0.02% BAC has the potential to impact driving ability and increase the risk of accidents.”

A 160-pound man consuming alcoholic beverages will experience the following effects:

  • 0.02% BAC (two drinks per hour): Decreased ability to multitask or divide attention and a decline in visual ability.
  • 0.05% BAC (three drinks per hour): Decreased coordination, steering capability, and ability to track objects on the move or respond to emergency driving situations.
  • 0.08% BAC (four drinks per hour): Decreased ability to concentrate, control speed, visually perceive surroundings correctly, and process incoming information rapidly.
  • 0.10% BAC (five drinks per hour): Decreased ability to stay in the correct lane and stop as needed.

The Nevada Departments of Public Safety & Transportation say 682 people lost their lives in 609 impaired driving crashes on Nevada roads from 2015 through 2019. That’s 42.7% of all motor vehicle fatalities in Nevada. Sixty-eight percent of the crashes happened in urban areas, such as Las Vegas and Henderson.

The National Highway Traffic Safety Administration (NHTSA) takes a closer look at drunk driving accidents in its publication of 2019 alcohol-impaired driving statistics.

NHTSA says there were 304 motor vehicle fatalities in Nevada that year, of which 63% (191) did not involve alcohol. But of the remaining 113 accidents:

  • All 113 involved a driver who measured a BAC of 0.1% or more – 37% of all fatalities.
  • 92 involved a driver who measured a BAC of 0.8% or more (legally drunk) – 30% of all fatalities.
  • 66 involved a driver who measured a BAC of 0.15% or more – 22% of all fatalities.

Signs of an Intoxicated Driver

There is more evidence of drunk drinking to be found at an accident scene than an arrest for DUI. As you interact with the other driver after an accident, try to take note of:

  • The smell of alcohol
  • Slurred speech
  • Watery or red eyes and dilated pupils
  • Lack of coordination, such as fumbling with a wallet or inability to stand straight
  • Lack of attention, difficulty answering questions or concentration
  • Difficulty staying awakedrunk driving alcohol and keys

When the attorneys at Sam & Ash Injury Law investigate a possible drunk driving accident, we can often trace the suspect driver’s steps through evidence and interviews with people he or she may have encountered. By obtaining the driver’s debit or credit card receipts, security video, and sometimes their phone call records, texts, or social media posts, we can often piece together an afternoon or evening of drinking prior to an accident.

What To Do if You Are Hit by a Drunk Driver

It can be risky to confront a drinking driver who may have just caused an accident. Some people are violent when they drink, especially in high-stress situations. After a car accident, if you are able, you should:

  • Call for police and, if needed, an ambulance.
  • Exchange license and insurance information with the other driver. If you do not feel safe doing so, just wait for the police to arrive.
  • Cooperate with the police. Ask how to get a copy of their report.
  • Get contact information from witnesses, including passengers in either car.
  • Photograph the accident scene, including the position of the vehicles, each vehicle’s damage, and anything in the surrounding area that may have contributed to the accident.
  • If you feel like you can do so without causing trouble, photograph or video anything that might depict the other driver’s intoxication, such as beer cans in their vehicle or him/her lying on the ground or across the hood of the car.
  • Get medical treatment within 24 hours. If you need emergency care at the accident scene, let first responders take you to the hospital. Your medical needs come first.
  • Report the accident to your insurance company. Do not say anything that could be construed as accepting blame for the accident or downplaying your injuries. Decline to give a recorded statement.

Contact a Las Vegas Drunk Driving Injury Lawyer

A driver who gets behind the wheel and causes a crash after drinking has no excuse. And there is no reason you should have to pay for that person’s mistake. If you’ve been injured in an accident in Nevada that you think was caused by a suspected impaired driver, call the Las Vegas car accident lawyers at Sam & Ash Injury Law today.

If a drunk driver has injured you, we’ll fight for What’s Right. We’ll start with a free case review, and you’ll owe no fees unless we recover compensation for you. Call us today or contact us online.


Author: Sam Mirejovsky

For more than 20 years, Sam Mirejovsky has been helping people who have been hurt due to negligence and wrongdoing. Bringing a client-centered approach to every case, Sam believes that getting the care you need and the justice you deserve is only achieved when you take the time to understand your client and their personal circumstances. This mindset has helped him change the landscape of personal injury law and recover millions of dollars for injured people and their families.