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Is driving under the influence negligence per se in Nevada?

On Behalf of | Jan 23, 2024 | Personal Injury |

When you get behind the wheel, you assume responsibility for your safety and the safety of everyone on the road. Unfortunately, not all drivers uphold this responsibility. If you are involved in an accident where the other driver was under the influence, you may wonder how this affects your legal standing in Nevada.

In Nevada, negligence per se is a legal concept that comes into play when a person violates a law designed to protect the public. If you suffer an injury because another party broke such a law, that violation is “negligence per se.” Essentially, the law presumes the person at fault was negligent because they broke the law. But how does this relate to DUI?

DUI and negligence per se in your case

When a driver gets behind the wheel while inebriated, they are not just making a poor decision; they are committing a serious offense with potential civil and criminal implications. Driving under the influence is a clear violation of Nevada’s traffic laws. If a drunk driver injures you, this violation directly connects to the harm you have suffered.

You see, when pursuing any personal injury claim based on negligence, you would have to prove the at-fault party owed you a duty and breached it. However, because the driver was clearly negligent by driving under the influence, you do not have to prove the driver owed a duty of care and breached it. Their violation of DUI laws does this for you. Your main concern shifts to establishing the extent of the damages you have incurred because of the accident.

The impact on your road to recovery

The fact that DUI is negligence per se in Nevada can be a pivotal factor in your claim, providing a legal shortcut to proving fault. Yet, the journey to recovery is more than establishing liability. It is about understanding and articulating the full extent of your losses. From the moment of the accident, it is crucial to maintain detailed documentation of all medical treatments, repairs and other expenses incurred. Recognizing the long-term impacts of your injuries is essential for ensuring that any compensation covers all your needs.

In Nevada, DUI’s classification as negligence per se may offer a direct route to establishing fault in a personal injury case. While this legal concept provides a layer of clarity, grasping its implications for the full recovery of damages is key.