Automobile accidents can be very scary and stressful no matter what the situation is. These situations can become increasingly emotional in the event that the accident occurs due to impaired driving. Many people typically associate impaired driving solely with driving under the influence of alcohol. However, impaired driving also covers driving under the influence of drugs. While Las Vegas law enforcement works diligently to combat impaired driving, it is common in the city due to its popular nightlife. If you were injured in an impaired driving incident, it is crucial to seek medical attention immediately. After receiving treatment, there are certain steps victims can take to seek justice for the incident.
Personal Injury Claims
There are laws in place in Las Vegas to protect those who are injured by drivers under the influence of drugs. When a driver causes an accident and is convicted of driving under the influence (DUI), an injured victim can pursue a personal injury lawsuit to hold the driver responsible for their actions.
Typically, in personal injury cases, the injured party is responsible for satisfying the burden of proof. This requires them to provide the court with necessary evidence that a negligent party caused their injury. However, the burden of proof for personal injury cases against drivers who are convicted of a crime is much lower. This is stated in NRS 41.133, “Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury.” If the driver is not convicted, the injured party will still be required to prove the driver was negligent and caused the accident.
It is important to know that personal injury victims can receive full compensation from a negligent party for their injuries in Nevada. If it is proven that the driver was under the influence of drugs and was the direct cause of the injuries sustained, the injured party is owed full compensation. This allows the victim to receive compensation for the following:
- Damage to the vehicle
- Hospital and medical bills
- Any loss of income or diminished earning capacity
- Long term disability
- Pain and suffering
- Severe physical damage
- Loss of enjoyment of life
- Wrongful death damages
In addition to this compensation, the state of Nevada allows for victims to claim punitive damages. These are damages meant to punish the defendant for their negligent actions. Punitive damages are limited to the other damages that a victim is awarded after a lawsuit. If a victim is awarded more than $100,000, the maximum amount a victim can receive in punitive damages is three times the amount of the award.
If you or someone you know was injured as a result of a drugged driving accident and wish to speak with an experienced attorney, contact Lawrence C. Hill & Associates, LTD.today.