Personal Injury

Las Vegas Drunk Driver Accident Lawyer: Your Rights as a Victim

By Donn W. Prokopius, Esq. | May 4, 2026 | Back to Blog

Being injured by a drunk driver is one of the most devastating experiences a person can face, because unlike other accidents, it was entirely preventable. Nevada has some of the strongest personal injury laws in the country for drunk driving victims, including the possibility of punitive damages on top of full compensatory damages. If you or a loved one were hit by a drunk driver in Las Vegas, here is what you need to know about your rights and the steps to protect your claim.

Critical deadline: Nevada's statute of limitations for personal injury claims is two years from the date of the accident under NRS 11.190. Do not wait, evidence disappears, witnesses become unavailable, and insurance companies use delay against you.

Why Drunk Driving Accidents Are Different

In a standard car accident case, you must prove that the other driver was negligent. In a drunk driving accident, the driver's criminal conduct, driving under the influence, makes establishing liability significantly more straightforward. The DUI arrest, blood alcohol test results, and police report all become powerful evidence in your civil case.

Beyond that, Nevada law allows courts to award punitive damages in drunk driving cases under NRS 42.005. Punitive damages are separate from and in addition to your medical bills, lost wages, and pain and suffering. They are designed to punish egregious conduct and deter others. In drunk driving cases, Nevada courts have awarded substantial punitive damages when the driver's BAC was significantly above the legal limit or when the driver had prior DUI history.

What Compensation Can You Recover?

As a victim of a drunk driving accident in Nevada, you may be entitled to recover:

Medical expenses, past and future, including emergency care, surgery, rehabilitation, and ongoing treatment
Lost wages, income lost while you were unable to work due to your injuries
Loss of earning capacity, if your injuries permanently affect your ability to work
Pain and suffering, physical pain and emotional distress caused by the accident and your injuries
Property damage, repair or replacement of your vehicle and any other property damaged in the crash
Punitive damages, additional damages specifically available in cases of drunk or drugged driving

Steps to Take After Being Hit by a Drunk Driver

Call 911 immediately, police documentation of the driver's impairment is critical evidence. Do not let the other driver talk you out of calling police.
Seek medical attention right away, even if you feel fine. Many serious injuries, including concussions and internal injuries, are not immediately apparent. Gaps in medical treatment are used by insurance companies to dispute injury claims.
Document the scene, photograph the vehicles, the road, traffic signals, and any visible injuries. Get witness names and contact information.
Do not speak to the other driver's insurance company, insurance adjusters are trained to minimize payouts. Do not give a recorded statement without an attorney.
Contact a personal injury attorney, the earlier you have legal representation, the better protected your evidence and claim will be.

Can You Sue Even If the Drunk Driver Was Criminally Charged?

Yes. A criminal DUI prosecution and a civil personal injury lawsuit are completely separate proceedings. The criminal case is brought by the state, you are not a party to it. Your civil case is brought by you to recover compensation for your injuries and losses. A criminal conviction for DUI makes your civil case stronger, but you can pursue civil damages even if the criminal charges are reduced or dismissed.

What If the Drunk Driver Has No Insurance or Limited Coverage?

Nevada requires all drivers to carry minimum liability insurance, but many drivers are uninsured or carry only minimum coverage that may not fully compensate serious injuries. Your own uninsured/underinsured motorist (UM/UIM) coverage can fill the gap. An experienced attorney will identify all available sources of recovery, including dram shop liability if the drunk driver was overserved at a Las Vegas bar or casino.

Dram shop liability: Nevada's dram shop laws (NRS 41.1305) may allow you to hold a bar, restaurant, or casino liable for serving alcohol to a visibly intoxicated person who then caused your accident. This can significantly increase the total compensation available to you.

Talk to a Las Vegas Drunk Driver Accident Attorney Today

PRO LAW GROUP has represented personal injury victims in Las Vegas for over 25 years. If you were injured by a drunk driver, the consultation is free and there is no fee unless we recover for you. Contact us now or call (702) 474-0500, Monday through Thursday 8:30am to 5pm, Friday 8:30am to 3pm.

Common Questions

Frequently Asked

What are my rights if a drunk driver hit me in Las Vegas?

You have the same right to compensation as in any negligence claim, but drunk-driving cases carry additional features. The criminal case against the driver runs separately from your civil claim, and a conviction there can be useful evidence in yours — though you do not have to wait for the criminal case to conclude before pursuing your own. Nevada also allows punitive damages in some circumstances where conduct goes beyond ordinary negligence, which drunk driving may. Preserve everything: the police report, any breath or blood test results referenced in it, and your complete medical records.

Can I sue the bar that served the drunk driver?

Nevada’s approach to third-party liability for serving alcohol is considerably more restrictive than in many other states, and claims against bars or hosts face significant statutory hurdles here. Whether any avenue exists depends heavily on the specific facts, including the age of the person served. This is not an area to assess from general information found online, because the answer in Nevada differs sharply from what people read about other states. If a bar, restaurant or private host may have been involved, raise it with a Nevada attorney early, while witnesses and records still exist.

What if the drunk driver had no insurance?

This is more common than people expect, and it is precisely what uninsured and underinsured motorist coverage on your own policy exists for. Check your declarations page — many Nevada drivers carry this coverage without realising it. A claim under your own UM/UIM coverage is still a claim against an insurer, and it is handled as one, so the same caution about early recorded statements and quick settlement offers applies even though it is your own company. There may also be other avenues depending on whether the driver was working at the time.