Driving after having had too much to drink is obviously against the law, but thousands of people still do it in Nevada every single month. Only a tiny portion of the people who get behind the wheel after having too much to drink get pulled over by law enforcement or cause crashes.
However, drunk driving remains one of the leading causes of fatal motor vehicle collisions in the United States. Many drunk drivers who cause the deaths of others may have habitually broken this law for years without any consequences.
If you recently lost a loved one to a drunk driving collision, you may be able to bring an insurance claim against the driver who caused the wreck. Can you also file a civil lawsuit against them?
Drunk driving may meet state criteria for wrongful death claims
Nevada defines wrongful death as a fatality resulting from neglect or wrongful acts of another person or a business. Some people become confused because they think that filing a wrongful death lawsuit isn’t an option after someone faces charges related to the crash.
Breaking the law opens the door up to wrongful death claims, even if a negligent motorist faces criminal prosecution as well. A Nevada prosecutor charging a drunk driver after the death of your loved one does not limit your ability to pursue legal action.
If anything, a conviction or guilty plea in the criminal courts could strengthen your case against that drunk driver. You can hold them accountable for funeral expenses, lost wages and other losses your family suffers because of their misconduct. Familiarizing yourself with Nevada’s wrongful death laws can help you decide if pursuing a claim is the right step for your family.
