Drunk driving accidents are completely preventable. If you have been injured by a drunk driver, you deserve compensation for your medical expenses and lost income, as well as your pain and suffering, loss of enjoyment of life and more. DUI accident cases can be complex and Nevada law regarding these cases is quite different to the laws in other states. You need the help of an experienced Las Vegas DUI accident attorney.
A DUI Conviction Can Win Your Case, But You Have to Seek Compensation in a Civil Suit
Victims of DUI accidents sometimes believe that they do not need to take it upon themselves to pursue compensation if the at-fault driver is convicted of drunk driving. That is incorrect. You still have to seek compensation on your own. You do not get paid for your injuries by way of the criminal courts.
However, a conviction does work in your favor if you sue the drunk driver. According to Nevada law, conviction of the crime that caused your injuries is considered “conclusive evidence of all facts necessary to impose civil liability for the injury.”
You Can Get Paid Even if the Drunk Driver Isn’t Convicted
Although a conviction works in your favor, you can still recover compensation if the driver was not convicted. There are many ways that a drunk driver may escape conviction, including pleading guilty to a lesser charge, but again, the criminal case is not your civil suit and criminal cases require a higher standard of proof.
In a civil suit, you are not required to prove that the defendant is guilty beyond a reasonable doubt, you need only prove that the defendant is liable by a preponderance of the evidence meaning more likely than not.
Punitive Damages
In most types of Nevada personal injury cases you must prove fraud, malice or oppression in order to be eligible for punitive damages, but drunk driving accidents are different. Nevada law specifically allows victims of drunk drivers to pursue punitive damages in order to make an example of and punish the drunk driver.
If you have been hurt in a DUI accident, please search our directory for an experienced DUI injury attorney in your state.
