There are few things more hazardous on the roadways than an impaired driver. Motorists face reduced reaction times and diminished decision-making ability when they are under the influence of alcohol. The consequences can be significant when a collision occurs.
If you have been injured in a crash with an impaired driver, you have the right to seek legal counsel. You could have grounds to recover compensation based on your injuries. Let a dedicated auto wreck attorney advise you of your options following a drunk driving car accident in Henderson.
Like all states, Nevada prohibits operating a motor vehicle while under the influence of alcohol or drugs. Motorists with a blood alcohol concentration (BAC) of 0.08 or higher are impaired. The police can charge a driver with DUI if their BAC is over the legal limit within two hours of being arrested.
In addition to criminal consequences, impaired motorists could also be liable for any damages they cause if they are involved in an accident. Injured parties have the right to pursue compensation following a drunk driving car crash in Henderson.
Accusing another driver of causing an accident due to impairment is not enough. To recover compensation following a collision, a plaintiff must rely on evidence that establishes the other party was negligent.
Because driving under the influence is a criminal offense, it is possible to use any record of a conviction as evidence at trial. However, many criminal cases never result in a guilty verdict. That does not limit an injured individual in Henderson from pursuing damages following a drunk driving car accident.
Witness testimony can play a big part in these cases. Passing motorists could testify that the other party was operating their vehicle erratically or even that they had an open container of alcohol in the car. The responding officer could tell a jury about their observations, including smelling alcohol on the driver’s breath or noticing that their eyes were bloodshot.
Video footage might also be available. Dashboard cameras could show how the defendant was driving shortly before the crash. Footage taken at the scene might provide insight into their demeanor or even catch them admitting that they had been drinking at the time of the collision. An attorney could evaluate the evidence and determine how to build a winning case.
If a personal injury case is successful, the plaintiff might be able to recover a monetary award. These damages could cover financial, emotional, and physical losses. Some common examples include the following:
Any of these losses could lead to a financial recovery after a wreck. The key is to develop evidence that the other driver was negligent during the crash. Driving while intoxicated is strong evidence of negligence, which a skilled personal injury attorney could help to prove.
If an impaired motorist injured you or a loved one, you could be entitled to recover damages. These cases can be complicated, especially when no criminal conviction is on record. The good news is that an attorney could help you pursue justice following a drunk driving car accident in Henderson. Call right away for a confidential consultation.