If a drunk or drugged driver injured you in Las Vegas, you can bring a civil claim for your injuries whether or not the criminal DUI case has finished, and Nevada law allows punitive damages in certain impaired-driving cases (NRS 42.010). Attorney Jaklin Sookiassian of The Sookiassian Firm, in Downtown Summerlin, represents people hurt by impaired drivers throughout the Las Vegas valley, including Henderson, North Las Vegas, and Summerlin.
Talk with attorney Jaklin Sookiassian about your drunk driving crash: call (702) 518-8584 or request a free consultation.
Request a Free Consultation · Call (702) 518-8584
No attorney's fee unless we recover compensation for you. You may still be responsible for costs.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details until we confirm we can represent you.
Consultations in English, Armenian, Russian, or Farsi.
Hurt by a Drunk Driver in Las Vegas? What You Should Know First
- Your injury claim is separate from the criminal case. The state prosecutes the DUI. Your civil claim is how you seek compensation for your injuries and losses.
- Get medical care and keep every record. Some injuries appear hours or days later, and your medical records document how the crash affected you.
- Get the police report or event number. It usually contains the officer's observations, test results, and arrest details.
- Be careful about giving a recorded statement to the other driver's insurance company before you understand your rights.
How Nevada Law Treats Drunk Driving Crash Claims
Several Nevada statutes shape an injury claim after a DUI crash. This table summarizes them in plain language. It is general information, not legal advice about your situation.
| Nevada law | What it says | Why it matters to you |
|---|---|---|
| NRS 484C.110 | It is unlawful to drive under the influence of alcohol or a controlled or prohibited substance, or with a BAC of 0.08 or higher, including a BAC of 0.08 or higher measured within 2 hours after driving. For drivers of commercial motor vehicles, the limit is 0.04 (NRS 484C.120). | Evidence that the driver broke this law can be part of proving fault. |
| NRS 484C.430 | Driving under the influence and causing death or substantial bodily harm is a felony. | Serious crashes can lead to felony charges, which run on their own track from your civil claim. |
| NRS 41.133 | A conviction for the crime that resulted in the injury is "conclusive evidence of all facts necessary to impose civil liability for the injury." | A DUI conviction from the crash can establish the facts needed for the driver's civil liability. |
| NRS 42.010 | Punitive damages may be available when an injury is caused by a driver who violated Nevada's DUI laws after willfully consuming or using alcohol or another substance. | Your claim may include damages meant to punish the driver, not only to cover your losses. |
| NRS 41.1305 | Sellers and servers are generally not liable for serving alcohol to people 21 or older. | In most cases, the claim is against the driver, not the bar or casino. |
| NRS 41.141 | Nevada's comparative fault rule. | You can still recover if you were partly at fault, within the limit explained below. |
| NRS 687B.145(2) and 690B.020 | Auto insurers must offer uninsured and underinsured motorist coverage (NRS 687B.145(2)), and uninsured motorist coverage is included in a policy unless it is rejected in writing (NRS 690B.020). | Your own policy may help if the drunk driver has little or no insurance. |
| NRS 11.190 | Sets the deadline to file most personal injury lawsuits. | Waiting too long can end your claim. |
The Criminal Case and Your Civil Claim Are Separate
The criminal DUI case is brought by the State of Nevada. It decides whether the driver is guilty and what penalties apply. Your civil claim is brought by you, against the driver and any other responsible party, and it decides compensation. The civil claim does not have to wait for the criminal case to finish, although the timing of each step can matter and is worth discussing with a lawyer.
A DUI Conviction and Your Civil Case (NRS 41.133)
Under NRS 41.133, if the driver is convicted of the crime that resulted in your injury, the judgment of conviction is "conclusive evidence of all facts necessary to impose civil liability for the injury."
Punitive Damages in Impaired-Driving Cases (NRS 42.010)
Most injury damages compensate you for what you lost. Punitive damages are different: they are meant to punish the defendant and discourage similar conduct. NRS 42.010 allows punitive damages when the defendant caused the injury by driving in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully consuming or using alcohol or another substance.
NRS 42.010 states that "the provisions of NRS 42.005 do not apply" to these claims. NRS 42.005 contains Nevada's general punitive damages standard ("oppression, fraud or malice") and its general caps on the amount, so those general rules do not govern punitive damages in a DUI case that meets NRS 42.010.
Nevada's Impaired-Driving Statutes
NRS 484C.110 is Nevada's core DUI law. It covers alcohol and also controlled or prohibited substances, so a driver impaired by drugs can violate it too. NRS 484C.430 makes it a felony to cause death or substantial bodily harm while driving under the influence.
If You Were Partly at Fault
You can recover compensation even if you were partially at fault — as long as your share of fault is 50 percent or less. Your recovery will be reduced by your percentage of fault. For a closer look, see our guide to comparative negligence in Nevada.
Proving the Other Driver Was Impaired
Police Report, Field Sobriety and Breath or Blood Tests
The police report is usually the foundation of the claim. It can include the officer's observations (the smell of alcohol, slurred speech, unsteady movement), field sobriety test results, breath or blood test results, arrest details, and statements the driver made at the scene.
Witnesses, Video and Vehicle Data
Witnesses may have seen the driver weaving, speeding, or drinking before the crash. Video from nearby businesses, traffic cameras, or dash cameras can show what happened. Many vehicles record speed and braking data. Evidence like video and vehicle data can be lost over time, so it helps to talk to a lawyer early.
When the Driver Wasn't Charged, or the Charges Were Dropped
A civil claim can still proceed. Fault and impairment can be shown with other evidence, such as witness accounts, video, test results, and records from where the driver was drinking. A civil case also uses a different standard of proof than a criminal case.
Who Can Be Held Responsible
The Impaired Driver
In most DUI crash claims, the main responsible party is the driver, and the claim is usually paid through the driver's auto insurance.
An Employer, If the Driver Was Working
If the driver was on the job when the crash happened, such as making deliveries or driving a company vehicle, the employer may also be responsible for the driver's conduct. This is a claim by you against the employer, not a workers' compensation claim.
Bars, Restaurants and Casinos
Many people assume they can sue the bar that kept serving the driver. In Nevada, that is generally not the case. Under NRS 41.1305, a person who serves or sells alcohol to someone 21 or older is generally not liable for injuries that person later causes. The law allows a narrow claim against someone who knowingly serves an underage person, but that exception does not apply to licensed sellers and their employees acting in the course of business. If you believe someone other than the driver contributed to the crash, a lawyer can review whether any claim applies.
Government Entities
Poor road design, missing signals, or unsafe road conditions can sometimes contribute to a crash. Claims against government entities are subject to special procedural rules and notice requirements under Nevada law.
What Compensation May Be Available
Medical Expenses, Lost Income and Property Damage
Economic damages can include emergency care, surgery, hospital stays, therapy, medication, and future treatment; lost wages and reduced earning capacity; and repair or replacement of your vehicle and other property.
Pain, Suffering and Other Non-Economic Losses
Non-economic damages address losses that don't come with a bill: physical pain, emotional distress, loss of enjoyment of life, scarring, and the effect of the injury on your relationships. Our guide to personal injury damages in Nevada explains each category.
Punitive Damages
When a driver caused the injury while violating Nevada's DUI laws after willfully consuming or using alcohol or another substance, NRS 42.010 may allow punitive damages (see above). Whether they apply depends on the facts.
Wrongful Death Claims for Families
When a drunk driver causes a death, certain family members or the estate may bring a wrongful death claim. Learn more on our wrongful death lawyer page.
Talk with attorney Jaklin Sookiassian about your drunk driving crash: call (702) 518-8584 or request a free consultation.
Request a Free Consultation · Call (702) 518-8584
No attorney's fee unless we recover compensation for you. You may still be responsible for costs.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details until we confirm we can represent you.
When the Drunk Driver Has Little or No Insurance
Nevada's minimum auto insurance often isn't enough for serious injuries. Some impaired drivers carry no insurance at all. Under NRS 687B.145(2), Nevada auto insurers must offer uninsured and underinsured motorist (UM/UIM) coverage, and under NRS 690B.020, uninsured motorist coverage is included in a policy unless the policyholder rejects it in writing. If you have this coverage, your own policy may help cover losses the other driver's insurance does not. It's worth checking your policy's declarations page soon after a crash.
In the criminal case, the court may also order the driver to pay restitution to the victim (NRS 176.033). Restitution is ordered by the criminal court and is separate from your civil claim.
For more on insurance after a crash, see our car accident lawyer page.
The Criminal DUI Case and Your Injury Claim: How They Fit Together
You may be contacted by the prosecutor's office or a victim advocate, and you may be asked to testify in the criminal case. Nevada law gives crime victims certain rights, including notification about the case. Nevada also has a victims of crime compensation program (NRS chapter 217) that may help with some expenses. These criminal-side steps don't replace your civil claim, and your civil claim does not require a criminal conviction.
What to Do After a DUI Crash in Las Vegas
- Call 911 and tell officers you believe the other driver may be impaired.
- Get medical care, even if you feel okay.
- Photograph the vehicles, the scene, and your injuries.
- Get names and phone numbers of witnesses.
- Keep the police report or event number.
- Save medical records, bills, and proof of missed work.
- Check your own auto policy for UM/UIM coverage.
For a detailed walkthrough, read our step-by-step guide to your rights after being hit by a drunk driver. You may also find our guide on what to do after a car accident in Las Vegas helpful.
How Attorney Jaklin Sookiassian Can Help
Attorney Jaklin Sookiassian handles each case personally. That includes:
- investigating the crash;
- requesting police reports, test results, video, and vehicle data;
- identifying every insurance policy that may apply;
- handling communications with insurers;
- filing a lawsuit if the claim does not resolve.
We speak English, Armenian, Russian, and Farsi, so clients can talk through their case in the language they're most comfortable with.
The firm's office is in Downtown Summerlin, at 1980 Festival Plaza Dr, Suite 460, Las Vegas, NV 89135, serving clients throughout Las Vegas, Henderson, North Las Vegas, and Clark County. Consultations are free. In a free consultation, Jaklin reviews what happened, your injuries and the insurance involved, and your options under Nevada law, and answers your questions about the process. There is no obligation to hire the firm.
We handle personal injury cases on a contingency fee basis, which means our fee is a percentage of any recovery. If there is no recovery, you owe no attorney's fee. You may still be responsible for case costs, and in some cases a client may be liable for the opposing party's fees and costs if the case is lost.
Drunk drivers also cause truck, motorcycle, pedestrian, and rideshare crashes, and some leave victims with catastrophic injuries. See all of our personal injury practice areas and the areas we serve.
Drunk Driving Accident FAQs
Can I sue a drunk driver in Nevada if the criminal case isn't over?
Yes. A civil injury claim is separate from the criminal case and does not have to wait for it to finish. When to take each step can still matter, so it helps to talk with a lawyer about timing.
Does a DUI conviction prove my injury case?
Under NRS 41.133, a conviction for the crime that caused your injury is conclusive evidence of all facts necessary to impose civil liability for the injury. You still need to document your injuries and losses.
The driver wasn't charged, or the charges were dropped. Do I still have a claim?
Possibly. Fault and impairment can be shown with other evidence, such as witness accounts, video, and test results, and a civil case uses a different standard of proof than a criminal case.
Can I get punitive damages from a drunk driver in Nevada?
Possibly. NRS 42.010 allows punitive damages when a driver caused the injury while violating Nevada's DUI laws after willfully consuming or using alcohol or another substance. It also states that the general punitive damages rules in NRS 42.005 do not apply. Whether punitive damages are available depends on the facts.
Can I sue the bar or casino that served the drunk driver?
Generally not in Nevada. NRS 41.1305 protects those who serve alcohol to people 21 or older, and its narrow underage exception does not apply to licensed sellers acting in the course of business.
What if the drunk driver had no insurance or only the minimum?
Your own uninsured or underinsured motorist coverage may apply. Nevada insurers must offer this coverage (NRS 687B.145(2)), and uninsured motorist coverage is included unless it was rejected in writing (NRS 690B.020), so check your policy.
What if I was partly at fault?
You can recover compensation even if you were partially at fault — as long as your share of fault is 50 percent or less. Your recovery will be reduced by your percentage of fault.
How long do I have to file?
Generally two years from the date of the injury for a personal injury lawsuit in Nevada (NRS 11.190(4)(e)). The same two-year period generally applies to wrongful death claims under NRS 11.190(4)(e). Claims against government entities are subject to special procedural rules and notice requirements under Nevada law.
A drunk driver killed my family member. What can we do?
Certain family members or the deceased person's estate may bring a wrongful death claim for losses such as funeral costs, lost support, and loss of companionship (NRS 41.085). See our wrongful death lawyer page.
Is a DWI the same as a DUI in Nevada?
Nevada law uses the term "driving under the influence" (NRS chapter 484C). "DWI" is a term used in some other states for the same kind of offense.
Does it matter if the driver was on drugs, not alcohol?
No, not for whether you have a claim. NRS 484C.110 covers controlled and prohibited substances as well as alcohol, and NRS 42.010 refers to "alcohol or another substance."
Talk With a Las Vegas Drunk Driving Accident Lawyer
Talk with attorney Jaklin Sookiassian about your drunk driving crash: call (702) 518-8584 or request a free consultation.
Request a Free Consultation · Call (702) 518-8584
No attorney's fee unless we recover compensation for you. You may still be responsible for costs.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details until we confirm we can represent you.
The Sookiassian Firm · 1980 Festival Plaza Dr, Suite 460, Las Vegas, NV 89135 · Open Monday–Sunday, 8:00 AM–6:00 PM · Consultations in English, Armenian, Russian, or Farsi.
Jaklin Sookiassian, Founding Attorney — admitted in Nevada and New York; previously practiced corporate finance at Fried Frank in New York. About Jaklin