Business Liability
In Nevada there are approximately 1,200 to 1,500 drunk driving car accident related deaths per year as confirmed by www.alcoholalert.com in the following table:
|
Year |
Fatalities |
||||
|
Tot |
Alc-Rel |
% |
0.08+ |
% |
|
|
1982 |
2,653 |
1,407 |
53 |
1,240 |
47 |
|
1983 |
2,686 |
1,539 |
57 |
1,397 |
52 |
|
1984 |
2,814 |
1,551 |
55 |
1,370 |
49 |
|
1985 |
2,832 |
1,518 |
54 |
1,271 |
45 |
|
1986 |
2,831 |
1,574 |
56 |
1,359 |
48 |
|
1987 |
2,839 |
1,516 |
53 |
1,320 |
47 |
|
1988 |
3,078 |
1,564 |
51 |
1,352 |
44 |
|
1989 |
2,984 |
1,506 |
50 |
1,305 |
44 |
|
1990 |
2,891 |
1,477 |
51 |
1,297 |
45 |
|
1991 |
2,463 |
1,227 |
50 |
1,084 |
44 |
|
1992 |
2,427 |
1,143 |
47 |
993 |
41 |
|
1993 |
2,636 |
1,210 |
46 |
1,072 |
41 |
|
1994 |
2,687 |
1,137 |
42 |
997 |
37 |
|
1995 |
2,805 |
1,183 |
42 |
1,014 |
36 |
|
1996 |
2,753 |
1,104 |
40 |
948 |
34 |
|
1997 |
2,785 |
1,003 |
36 |
886 |
32 |
|
1998 |
2,825 |
1,039 |
37 |
884 |
31 |
|
1999 |
2,920 |
1,139 |
39 |
984 |
34 |
|
2000 |
2,999 |
1,277 |
43 |
1,086 |
36 |
|
2001 |
3,012 |
1,281 |
43 |
1,102 |
37 |
|
2002 |
3,136 |
1,279 |
41 |
1,107 |
35 |
|
2003 |
3,169 |
1,274 |
40 |
1,089 |
34 |
|
2004 |
3,244 |
1,222 |
38 |
1,053 |
32 |
|
2005 |
3,543 |
1,471 |
42 |
1,271 |
36 |
|
2006 |
3,363 |
1111 |
33 |
959 |
29 |
Almost all of these accidents involve a driver who is over the legal limit or had a blood alcohol level in excess of .08%. Drunk Drivers put themselves and others at risk of suffering personal injury or death due to a car accident. Nevada statute § 768.125 states that individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by a drunk driver with two exceptions. If the drunk driver was under the age of 21, whoever served the alcohol can be held liable for the personal injury damages caused by a drunk driver in a car accident. Knowledge is not a requirement to prove your case. The serving party has a duty to ensure that everyone they sell or provide alcohol to is over twenty one.
The Nevada Statute also provides that parties who serve a person who they know is “habitually addicted to the use of any or all alcoholic beverages” may be liable for injury and damages caused as a result of the intoxication. The courts have held that there is an obvious foreseeable risk of injury when you provide alcohol to persons who lack the ability to make responsible decisions in the consumption of alcohol. The general rule under the statute is that a person or bar that serves alcohol to an adult is not liable for the personal injuries or death the drunk driver subsequently causes in a car accident.
