Can I File a Lawsuit Even if the Drunk Driver Was Arrested and Charged Criminally?

When impaired drivers cause accidents, the consequences can be severe, resulting in life-altering injuries or even death for innocent victims. In Arizona, driving under the influence (DUI) is a serious criminal offense, and those convicted face penalties such as fines, license suspension, mandatory alcohol education programs, and potential jail time.

However, holding them fully responsible can be done using the help of a personal injury law firm in Arizona like Zanes Law. Our Phoenix drunk driving accident lawyers work within the civil justice system to hold drunk drivers fully responsible for the harm they cause to others. Victims have the right to seek compensation regardless of the outcome of criminal charges against the impaired driver.

If you or a loved one has been injured or experienced the loss of a loved one in an accident caused by a drunk driver, you may be entitled to compensation for your damages. When negligence is suspected due to intoxication, the odds of a successful claim against the negligent driver increase significantly and our drunk driver injury lawyers are here to guide you through it.

What Are the Key Steps to Bringing a Lawsuit Against a Criminally Charged Drunk Driver?

When pursuing a lawsuit against a criminally charged drunk driver, it is essential to follow the appropriate legal steps as advised by your Phoenix car accident lawyers. In Arizona, driving under the influence (DUI) is a serious offense, and various factors will be considered to establish a foundation for a successful personal injury lawsuit. 

Verifying Impairment

After an accident, law enforcement officers typically conduct tests to determine the driver’s impairment, including breath, blood, or urine tests. 

Supportive Evidence

To support your lawsuit, it’s crucial to gather evidence of the driver’s impairment. Look for signs such as red, glassy eyes, slurred speech, or the smell of alcohol on their breath. Additionally, observe whether the driver exhibited careless or reckless behavior, such as speeding, drifting across lanes, or disregarding traffic signals.

If speeding played a role in the accident, consulting with our skilled Phoenix personal injury lawyer can help you navigate the aftermath and seek the compensation you deserve.

For a free legal consultation, call 866-499-8989

How We Prove Negligence in a Drunk Driving Lawsuit: Arizona Law and Legal Elements

If you are aiming to file a personal injury lawsuit against an arrested and criminally charged drunk motorist, your lawyer can establish negligence on their part, demonstrating specific legal elements, including:

1. Duty of Care: The defendant had a legal obligation to drive safely and responsibly.
2. Breach: The defendant breached this duty by driving under the influence (DUI).
3. Causation: The defendant’s breach of duty directly caused your injuries.
4. Damages: The injuries resulted in quantifiable damages and harm to you.

In Arizona, proof of a DUI can constitute negligence per se. This means that if the accident involved drunk driving, your attorney may only need to establish some of the elements. By understanding and applying the relevant legal principles in Arizona, your lawyer can build a strong case against the charged or arrested driver to get you the compensation you deserve

Who Can Be Held Liable in a Drunk Driving Lawsuit in Arizona?

When pursuing a drunk driving lawsuit, it’s important to consider that multiple parties may be held accountable for contributing to the accident, in addition to the impaired driver. These parties can include:

The Employer of the Drunk Driver

Under Arizona law, employers can be sued for the actions of their employees if the employee was acting within the scope and course of their employment at the time of the accident. For example, if the driver was on the job, such as making a delivery, their employer may bear responsibility.

Establishments That Sold Alcohol

The Arizona Dram Shop Act holds bars, restaurants, and other establishments liable for selling alcohol to intoxicated individuals who then cause accidents resulting in injury or death to others. 

To pursue a claim against the establishment, it must be proven that the driver was served alcohol while already intoxicated to a level that posed a danger. In such cases, servers, bartenders, managers, and even the establishment’s owner may be named in a “third-party lawsuit.”

Social Hosts Providing Alcohol to Minors

Arizona imposes liability on social hosts who provide alcohol to non-related minors who subsequently cause accidents. If a host serves alcohol to a minor who is not related to them and that minor is involved in an accident, the social host may be held responsible.

Identifying the appropriate parties to include in a drunk driving lawsuit is crucial to ensure maximum compensation for your damages. Consulting with an experienced personal injury attorney well-versed in Arizona law will help you navigate the complexities of holding all liable parties accountable and seeking the justice and compensation you deserve.

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How Much Money Can I Win From a Winning Lawsuit Against an Arrested or Charged Drunk Driver?

The amount of money you can potentially win in a lawsuit against an arrested or charged drunk driver will depend on various factors. Each case is unique, and the specific details, including the extent of your injuries, the impact on your life, and the available insurance coverage, will all play a role in determining the potential compensation.

In a successful lawsuit against an arrested or criminally charged drunk driver, you may be eligible to receive different types of damages, which can include:

• Economic damages: These are tangible financial losses resulting from the accident, such as medical expenses, rehabilitation costs, property damage, lost wages, and future medical expenses or lost earning capacity.
• Non-economic damages: These are intangible losses that are more challenging to quantify, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (impairment of spousal relationship).
• Punitive damages: In certain cases, if the driver’s actions were particularly reckless or egregious, punitive damages may be awarded. These damages are meant to punish the defendant and deter similar behavior in the future.

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Should You Accept the Initial Insurance Offer From an Arrested or Criminally Charged Drunk Motorist?

Arizona does not have specific caps or limitations on damages in most personal injury cases, including those involving drunk driving accidents. So, if you file a lawsuit against an individual who was arrested or charged with drunk driving, you have a shot at a lucrative settlement. It is advised that you don’t accept any offer before speaking with a qualified attorney.

Increase your chances with the help of a Phoenix auto accident lawyer who handles DUI accident cases. Contact Zanes Law today and speak to a member of our team for free in an initial case evaluation. Don’t let the insurance company lowball, intimidate, or invalidate you and your experience. We’re here to help you win and move forward as you recover.

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