Las Vegas Drunk Driving Accident Lawyer

Responsible attorney: C. Jared Clark, Clark Law Group

In short: If you were hurt by an impaired driver, a drunk driving accident lawyer in Las Vegas can pursue a civil injury claim that runs separately from the criminal DUI case. Nevada law gives these claims some features ordinary crashes do not have, including a punitive damages statute written for impaired drivers. It also closes off one path many people expect: suing the bar or casino that served an adult driver. Clark Law Group, PLLC in Las Vegas can review the crash report, the criminal case, and every insurance policy that may apply. Consultations are free. On personal-injury matters, you do not pay an attorney fee if there is no recovery. The firm is open 24/7. Call 702-330-3272 or contact the office. Contacting the firm does not create an attorney-client relationship.

This page is for people injured by a drunk or drugged driver. It does not cover DUI defense.

Is the criminal DUI case the same as my injury claim?

No. The criminal DUI case is brought by the state to punish the driver. Your injury claim is a civil case you bring to recover your losses. They run on separate tracks, with separate deadlines, and the civil claim does not have to wait for the criminal case to end before it moves forward.

The two cases still affect each other. 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 that injury. A conviction can therefore settle questions that would otherwise be argued in the civil case.

A conviction is not required. Plenty of DUI accident claims move forward while the criminal case is pending, or after it ends in a plea to a different charge or a dismissal. In those situations the civil claim is built the usual way: the crash report, the officer's observations, breath or blood test results, witness accounts, and the physical evidence from the scene.

What you should not do is wait for the prosecution and let the civil deadline pass. The criminal court does not track your filing deadline for you.

What counts as impaired driving under Nevada law?

Nevada's main DUI statute, NRS 484C.110, makes it unlawful to drive or be in actual physical control of a vehicle on a highway or on premises open to the public while impaired. Impairment can be shown by being under the influence of alcohol, by a 0.08 test result, or by drugs or a mix of drugs and alcohol.

Under NRS 484C.110, it is unlawful to drive or be in actual physical control of a vehicle while:

• Under the influence of intoxicating liquor, whatever the measured number;
• At 0.08 or more alcohol concentration in the blood or breath, or found by measurement within 2 hours after driving to be at 0.08 or more;
• Under the influence of a controlled substance, or the combined influence of alcohol and a controlled substance; or
• Impaired by a chemical, poison, or organic solvent to a degree that makes the person incapable of safely driving.

The statute covers premises "to which the public has access," not only public roads, so a crash in a casino parking garage or a shopping center lot can still involve a DUI violation. For the civil claim, the test result is evidence of impairment. The negligence question is still how the driver drove and whether that caused the crash.

Can I get punitive damages from a drunk driver in Nevada?

Possibly. NRS 42.010 allows punitive damages when the defendant caused an injury by driving in violation of NRS 484C.110, 484C.130, or 484C.430 after willfully consuming or using alcohol or another substance. It also says NRS 42.005, which holds Nevada's general punitive damages cap, does not apply to those claims.

Punitive damages are different from compensation. They are awarded "for the sake of example and by way of punishing the defendant," in addition to the damages that pay for your medical care, lost income, and other losses. Most Nevada punitive damages claims run through NRS 42.005. Impaired-driver claims have their own statute, NRS 42.010.

The three listed statutes are the general DUI prohibition (NRS 484C.110), vehicular homicide (NRS 484C.130), and the penalty statute for DUI that causes death or substantial bodily harm (NRS 484C.430). The word "willfully" matters, and so does the link between the impaired driving and your injury. Punitive damages are never automatic, and nothing on this page predicts whether a jury would award them in a particular case.

Can I sue the bar, casino, or party host that served the driver?

Generally not, if the driver was an adult. Under NRS 41.1305(1), a person who serves, sells, or furnishes alcohol to someone 21 or older is not liable in a civil action for damages that person causes as a result of drinking it. Nevada places that responsibility on the driver.

The statute does create liability in one setting, and it is narrower than many people assume. Under NRS 41.1305:

• Underage service. A person who knowingly serves, sells, or furnishes alcohol to someone under 21, or knowingly allows someone under 21 to drink on premises or in a vehicle the person controls, can be liable for damages that underage person causes.
• The licensee exclusion. That underage liability does not apply to a person licensed to sell or serve alcohol, or to the licensee's employees or agents, for acts during the course of business or employment. Those acts also may not be used to establish proximate cause and are not negligence per se. In practice, this provision is aimed at social hosts and other non-licensed providers, not at bars and casinos doing business.
• Remedies. A person who wins a claim under the underage-service rule may recover actual damages, attorney's fees and costs, and any punitive damages the facts warrant.

Nevada applies a parallel rule to cannabis in NRS 41.1307. If an underage driver was supplied at a private party, who supplied the alcohol and who controlled the premises become important early questions.

Who pays when an impaired driver causes a crash?

Usually the at-fault driver's auto liability policy pays first, up to its limits. Nevada's minimums are $25,000 per person, $50,000 per crash, and $20,000 for property damage under NRS 485.3091. When those limits run out, your own uninsured or underinsured motorist coverage may be the next source.

Many drivers carry more than the minimum, and some vehicles are covered by an owner's or commercial policy. Minimum limits are often exhausted by a single hospital stay. That makes the coverage investigation as important as the fault question in many drunk driving cases.

• The driver's policy. NRS 485.3091 sets the minimum limits an owner's liability policy must carry.
• The vehicle owner's policy. A Nevada owner's policy also covers other people using the vehicle with the owner's permission, which matters when the drunk driver borrowed the car.
• Your own UM/UIM coverage. Nevada insurers must offer uninsured and underinsured vehicle coverage equal to the bodily injury limits you buy (NRS 687B.145(2)). Whether you have it, and how much, is in your declarations page.
• A business connection. If the driver was working when the crash happened, an employer or a commercial policy may be involved. That depends on facts that need to be checked.

The car accident page covers the claim process with insurers in more detail.

Does my own fault matter if the other driver was drunk?

It can. Nevada uses modified comparative negligence under NRS 41.141. If your share of fault is not greater than the defendants' combined share, you can still recover, but the award is reduced by your percentage. If your share is greater, recovery is barred, even when the other driver was impaired.

In a DUI crash, the impaired driver's conduct is usually the main issue. Insurers still look for something to shift a percentage to you: speed, a late lane change, a missed signal, or a phone in your hand. Those arguments go to the percentage under NRS 41.141, so photos, video, and witness statements gathered early help answer them.

If you were a passenger in the impaired driver's own car, the analysis can differ. A passenger's claim may run against the driver's policy, and the facts about how the ride started may be raised. That is a conversation to have with a lawyer, not something to argue with an adjuster.

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

Many Nevada injury lawsuits must be filed within two years under NRS 11.190(4)(e), which covers injuries to a person or the death of a person caused by the wrongful act or neglect of another. The criminal DUI case does not stop that clock, so plan around the civil deadline from the start.

Some claims follow different rules. NRS 11.190(4)(e) itself lists exceptions, and claims involving a government vehicle or public employee can carry additional notice and damages rules discussed on the pedestrian accident page. If someone was killed in the crash, the family's claim is a wrongful death claim with its own rules about who may sue; see wrongful death claims.

What evidence matters in a DUI crash claim?

A drunk driving claim usually rests on the criminal file plus the ordinary crash evidence. The arrest report, test results, and any conviction show impairment. The scene, the vehicles, and the medical records show how the crash happened and what it cost you.

• The crash report and the responding agency's report number.
• DUI investigation records: field sobriety notes, breath or blood test results, and the arrest report.
• The criminal case file: charges, plea, and judgment, including whether a conviction falls within NRS 41.133.
• Witness statements, especially from people who saw the driver's driving before the crash.
• Video from traffic cameras, businesses, rideshare dashcams, and nearby homes. Retention periods vary, so ask early.
• Underage-service facts, if the driver was under 21: where the alcohol came from and who controlled the premises.
• Medical records and bills, from the emergency room through follow-up care.
• Insurance documents: the driver's carrier and claim number, and your own policy's declarations page.

Impaired drivers are often uninsured or carry only the minimum. Your own coverage may help through an uninsured motorist claim.

What to do next after a crash with an impaired driver

1. Call 911. Report the crash and tell the dispatcher if you believe the other driver is impaired. That can start a DUI investigation at the scene.
2. Get medical care. Some injuries, including head and soft-tissue injuries, are not obvious on the first day. Keep every record.
3. Document what you can safely. Photograph the vehicles, the scene, and your injuries. Note anything you saw about the other driver.
4. Collect names. Get witness names and phone numbers, and the officer's name and report number.
5. Be careful with the other driver's insurer. Many people decline a recorded statement until they have advice. Your own insurer is different, because your policy likely requires cooperation.
6. Keep track of the criminal case. Write down the case number and court dates. Those records may become evidence in your claim.
7. Call Clark Law Group. Call 702-330-3272 or request a callback. Bring the report number, photos, medical records, and your insurance card to the free consultation.

The personal injury page explains how a Nevada negligence claim usually moves from medical care to settlement or suit.

Who reviews injury work at this firm

C. Jared Clark, Esq. is the designated responsible attorney for Clark Law Group. He earned a Bachelor of Science from the University of Nevada, Las Vegas, and a Juris Doctor, cum laude, from Thomas Jefferson School of Law. During law school he interned for the Honorable John A. Houston, U.S. District Judge for the Southern District of California, and for the San Diego Public Defender's office. He has lived in Nevada since 1988 and is a member of the State Bar of Nevada, the American Bar Association, and the Nevada Justice Association. Read more about Jared Clark.

The office is at 2320 Potosi St, Las Vegas, NV 89146. The firm is open 24 hours a day, 7 days a week.

Last updated October 20, 2026.

Sources

• NRS 41.133 — a criminal conviction as conclusive evidence in the civil case
• NRS 484C.110 — Nevada's DUI prohibition, including the 0.08 standard and controlled substances
• NRS 42.005 and NRS 42.010 — punitive damages, the general cap, and the impaired-driver statute
• NRS 41.1305 and NRS 41.1307 — liability for serving alcohol or furnishing cannabis
• NRS 41.141 — comparative negligence
• NRS 11.190 — periods of limitation
• NRS 485.3091 — minimum liability limits
• NRS 687B.145 — uninsured and underinsured motorist coverage offers

This page is attorney advertising and general information, not legal advice. Statutes and case law change, and how any of them apply depends on the facts. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes.