SUMMERLIN DRUNK DRIVING ACCIDENT ATTORNEY

Negligence vs. Negligence Per Se and Drunk Driving Accidents

When a driver causes a crash in Nevada, they are responsible for paying for damages. While proof that a driver has a BAC level above .08 percent is a nearly a sure win in terms of being able to prove that the driver was indeed at fault for the crash, what happens if the driver was impaired, but not above the legal limit? Can they still be held liable for your accident?

This is where differentiating between negligence and negligence per se is important. Negligence per se is a theory whereby a person is considered negligent because they violate a law or statute, i.e. Nevada’s law for drinking and driving. Negligence, however, is merely the failure to act with a reasonable degree of care for a given situation. This means that even if you cannot prove that the driver had a BAC of .08 percent or greater, if you can prove that they were impaired or that they failed to exercise the reasonable amount of care for the situation, and that this failure led to the crash, you can hold them liable for your harm.

Gathering the Evidence You Need to Recover Your Full Compensation Amount

In an accident involving a drunk driver, one of the most important pieces of evidence that you will need to collect is the police report detailing what happened and the reporting police officer’s opinion on who was at fault. In many cases, the police report will also include evidence about the other driver’s BAC at the scene of the crash. If the result of a blood or breath alcohol test indicates that the driver had any alcohol in their system at the time of the incident, this is very strong evidence in your favor, indicating that the driver’s BAC impaired their ability to safely operate a motor vehicle.

In addition to police and BAC reports, our lawyers will also assist you in recovering witness statements, any video footage of the accident, and pictures that detail damages and how the crash may have occurred.

Once evidence has been collected, our team organizes it in a compelling manner for presentation to an insurance company, and issues a demand letter that details how much you are requesting for your damages. When a settlement offer is made by the insurance company, we will review it; if the offer does not seem fair, we can reject the offer in writing, and initiate negotiations for a greater settlement.

When a settlement cannot be reached out of court – which is uncommon – our lawyers can file a lawsuit and bring your case to litigation. We have trial experience, which is essential if your case goes to court.