Can I File a Lawsuit If the Drunk Driver Was a Minor?
Sometimes, drivers under the age of 18 cause accidents while driving under the influence (DUI) in Arizona. You may wonder if you can file a lawsuit if the drunk driver was a minor at the time of your collision.
Generally, you cannot sue a minor in Arizona. However, in some cases, you may still seek compensation through an insurance claim or by filing a lawsuit against the driver’s parents. A Phoenix drunk driving accident lawyer from our team at Zanes Law can review your options.
Call us or fill out our online contact form to learn more.
Can You Get Compensation After a DUI Accident Caused by a Minor?
You have legal options to secure compensation for your financial losses after any DUI accident caused by someone else’s negligence, even one caused by a minor. Generally, you may get damages by:
Negotiating an Insurance Settlement
Drivers in Arizona, including minors, have a legal obligation to carry insurance when operating a vehicle. Generally, individuals under 18 remain on their parent’s insurance policies, though they may have their own in some cases.
Regardless of who carries the policy, a car accident lawyer in Phoenix may help you file a claim to comprehensively cover all of your losses.
Suing the Driver’s Parents
Parents in Arizona have a legal obligation to take responsibility for the actions of their minor children. This responsibility extends to car accidents caused by individuals under 18.
Therefore, you may have a chance to file a personal injury lawsuit against a minor driver’s parents if they caused your collision while impaired by alcohol. A lawsuit may allow you to seek compensation to cover your losses.
Individuals under the age of 21 cannot drink alcohol in Arizona as they have not reached the state’s legal age. However, the state no longer considers them minors after they turn 18 as far as liability for accidents.
Therefore, you may sue a driver under 21 but over 18 after a DUI accident in Arizona. You can discuss your options in this situation with our legal team.
How does a Lawyer Show a Minor Caused a Drunk Driving Accident?
You may only secure compensation if a lawyer shows that someone else caused your accident, injuries, and financial losses. Drivers who operate a vehicle while under the influence of alcohol are breaking the law in Arizona but do not automatically hold liability for a collision.
Instead, an attorney has to show they took an action that directly led to the wreck, like running a red light and causing a rear-end accident. Attorneys investigate the facts around an accident before filing a lawsuit.
Our team uses many investigative techniques. Depending on your situation, we may:
Interview all eyewitnesses to the accident
Visit the location where your drunk driving accident happened
Get a copy of the police accident report
Request information about the minor’s blood alcohol content (BAC)
Collect photos and videos of the accident
We utilize this evidence to help you file an insurance claim or file a lawsuit when applicable.
What Compensation Can You Get from an Underage Drunk Driver?
You may face significant financial losses after a drunk driving accident caused by a minor. In this situation, you have a chance to secure compensation to cover all of your medical expenses, including the costs of:
Emergency treatment for life-threatening injuries
Time in a hospital during your recovery
Medical assessments and procedures
Prescription and over-the-counter medications
Physical therapy and rehabilitation
A Phoenix personal injury lawyer may also help you secure damages for your lost pay, property repair costs, pain, and suffering. We’ll dig into the full scope of your losses, gathering additional evidence to demonstrate the expenses caused by the wreck.
How Long do You Have to File a Claim Against an Underage Drunk Driver?
You must begin your legal claim before the personal injury statute of limitations expires in Arizona. Typically, the state gives you two years to seek compensation. Our team can get to work immediately after a collision.
If you wait too long to move forward with your case, the court will dismiss your request for compensation, so we recommend moving quickly, even if you worry about the age of the drunk driver.
Speak to Us About Claims Against a Minor Drunk Driver
Can you file a lawsuit if a drunk driver was a minor at the time of the collision? In this situation, a lawyer could sue the driver’s parents or help you seek compensation through an insurance settlement.
You can review these options in more detail with our team at Zanes Law. Call or fill out our online contact form to learn more.