Valet parking is very convenient. While some people hate to let a stranger drive their car, most people love to have door to door service. For example, if you go to dinner or a show at a Las Vegas casino, you may choose to leave your car with the valet. This way, you don’t have to walk to the theater or restaurant in your nice clothes. Or it may be raining out and you just don’t feel like getting soaked. That’s why casinos have things like valet parking. It makes your life easier and you appreciate the convenience.
When you get out of your show or finish your night of gambling, you redeem your ticket and go outside to get your car. You’re tired and just want to go home. But if you’ve been drinking, it’s probably not a good idea to drive anywhere. You should either get a room at the casino hotel or call someone to come get you. This is why Uber and Lyft are such great companies. They can come and pick you up so you don’t drink and drive. You can either take an Uber back the next day to get your car or have a buddy drive you back to the casino.
So, what happens if the valet gave keys to an obviously drunk customer? If they end up getting into a serious car accident on the way home, is the casino liable? If this happens to you, it’s a good idea to call and talk to an experienced auto accident lawyer in Las Vegas.
Valet Drivers Aren’t Typically Liable if They Gave Keys to a Drunk Customer
When you pick up your car from the casino valet, all you want to do is get your keys and go home. You don’t expect the valet driver to refuse to give you the keys. The last thing you want to hear is that they think you’re too drunk to drive. However, this may be the right thing for the valet driver to do. If they think you’re too drunk to drive, they should say something. However, overall, the courts disagree.
In most cases where valet drivers are alleged to be liable for a drunk driving accident, the courts side with the valet driver. In pretty much every state, the courts have chosen no to impose a duty of care of valet drivers. For example, in Pennsylvania, valet drivers are not required to stop a person from driving because they appear to be drunk. In states where valet drivers may have a risk of liability in this situation, it is because the state has a dram law. Nevada doesn’t have such a law.
You May Have to Sue the Other Driver Instead
If you’re hit by a drunk driver in Nevada, you can file an insurance claim. The other driver’s insurance company should pay your claim, especially if the other driver was drunk. However, what if the other driver isn’t insured? That would typically be the reason you’d want to pursue a claim against the valet driver. If the insurance company covered your damages, you wouldn’t really have a need to pursue the valet driver’s employer. If the valet driver isn’t going to be held liable, then you’ll need to pursue the other driver individually.
The problem with this is that the kind of person who has no car insurance probably doesn’t have any assets. If they did, they wouldn’t put them at risk by driving without insurance in the first place. This means your Las Vegas personal injury attorney could end up winning your case but you may never get a dime.
Contact an Experienced Personal Injury Attorney in Las Vegas Today
If you or your loved one are injured because a valet gave keys to a drunk customer, you’ll want someone to pay. If you’re the victim, nine times out of ten the person driving drunk will be held responsible. However, that doesn’t mean it will be an easy road to get the compensation you deserve. You may need a skilled personal injury attorney in Nevada there to help prove your case. If this is the situation with you, call and talk to our office right away. We can check to find a date and time that works for you to come into our office. The consultation costs you nothing and you don’t pay a dime until you settle your case.