Las Vegas has a big problem with drunk driving. The Nevada Fatal Crash Data Portal lists intoxicated driving as the top cause of fatal accidents in the Las Vegas Valley. This problem is not limited to the resort corridor.
Even when you eliminate the Las Vegas Strip, impaired driving crashes still slightly beat out the second-most common cause ā speeding ā in Las Vegas, North Las Vegas, and Henderson. Given how often these crashes happen, you should know what to do if an intoxicated driver hits you.
Steps to Take After an Impaired Driving Crash
After a car accident, you will likely experience a range of emotions, from confusion to anger. Keeping your cool will help you avoid making the situation worse. The steps you take after a crash, particularly a drunk driving crash, may affect your legal rights and liabilities. Some steps to take include:
Stop at the Scene
You must stop after all crashes that cause injury or death. If you fail to stop, prosecutors can charge you with hit and run. In most cases, you will stop upon impact. If your car is still moving after your crash, pull over to the side of the road in a safe location at or near the accident scene.
Gather Information
Nevada law requires the drivers to exchange the following:
- Name
- Address
- Vehicle registration
You will also exchange insurance information with the other driver. You should also observe the driver for signs of intoxication. You could smell alcohol or marijuana on the driver. You might hear them slur their words. You may even see liquor bottles, beer cans, or drug paraphernalia. Write a note to yourself or send a text. Your observation might help you and the police.
Contact the Police
You must report all crashes that cause injury, death, or property damage. Beyond this legal duty, you should also report the accident so the police can investigate the drunk driver. You should consider exchanging information with the other driver before calling the police. If the other driver decides to take off after you call the police, you will at least have some of the driverās information.
In fact, you might consider memorizing or writing down the other driverās license plate number when you first get hit. Some drivers might be so intoxicated that they fail to stop at an accident. Or they may stop, then take off when they realize the legal peril they face for crashing into you while intoxicated.
Cooperate With the Investigation
When the police officers or highway patrol troopers arrive at the scene, cooperate with them. They will write an accident report at the end of their investigation, and you want it to include your version of the story. Point out your reasons for believing the other driver was intoxicated. The officers can conduct a field sobriety test or breath test to determine whether the other driverās abilities were impaired.
Some drivers believe that they can drive while stoned since the state legalized cannabis. But cannabis can affect a driverās judgment and reflexes. It can also make a driver drowsy. As a result, Nevada has no exemption from its DUI laws for marijuana. Nevadaās DUI law covers all intoxicating substances, including the following:
- Alcohol
- Illegal drugs
- Prescription drugs
- Chemical inhalants, like paint or glue
- Cannabis in both smokable and edible forms
If a police officer reasonably believes that a driver is under the influence of any of these substances, they can investigate further. In Nevada, the police can even request a blood draw after someone is arrested for DUI. If they refuse, their driverās license will be suspended immediately.
Cooperating with the investigation also means answering their questions honestly while sticking to the facts. Do not lie to the police. If necessary, tell them you do not know the answer to a question rather than speculating or lying.
Seek Appropriate Medical Help
You should seek an appropriate level of medical assistance for your injuries. If you need immediate medical help or cannot leave the scene without assistance, ask the police to call an ambulance. For non-incapacitating injuries, schedule an appointment with your doctor or visit a quick care clinic.
Seeing a doctor will help your potential case in a few respects, including:
- Diagnosing your apparent injuries
- Identifying any hidden or non-apparent injuries
- Developing a treatment plan
- Creating a written record of your injuries
Your medical records will be critically important for proving your injury case. They will help your lawyer prove the cause and effects of your injuries.
Contact a Las Vegas Car Accident Lawyer
Under Nevada law, you must prove the other driver hit you intentionally or negligently to recover injury compensation. Negligence means the driver failed to exercise reasonable care by doing something that could foreseeably cause an injury.
Whether the other driver is arrested for DUI or not, you will have a reasonably strong case for injury compensation. Everyone knows that driving under the influence of drugs or alcohol significantly increases the risk of a crash. But proving it may take some work.
An injury lawyer has the knowledge and experience with injury law and insurance claim procedures to help you secure fair compensation. They know how to negotiate with claims adjusters and file lawsuits if the adjuster refuses to settle.
Contact Morris Injury Law for a free consultation to discuss your drunk driving crash and how we can help you seek compensation for your injuries.