Can I Sue the Driver if I Was a Passenger in a DUI Accident?

Yes, if you were a passenger in a DUI accident, you have the right to sue the drunk driver. Our personal injury firm can help you understand the legal process of filing a third-party liability lawsuit.

Our drunk driving accident lawyer in Phoenix explains how our team at Zanes Law can help you sue the driver if you were a passenger in a DUI accident. Read on to learn about suing the drunk driver as a passenger in Arizona.

What Is a Third-Party Liability Lawsuit?

A third-party liability lawsuit allows you to seek legal recourse and compensation directly from an at-fault driver when their insurance is not enough to cover all of your damages. It provides an option beyond just relying on the drunk driver’s insurance payout.

In a third-party lawsuit, your drunk driving accident attorney can file a civil lawsuit against the at-fault driver as the third-party responsible for the incident. This holds the driver legally and financially accountable beyond what their auto policy will pay out.

You need to consult with a when considering a third-party lawsuit. Our Phoenix car accident lawyer can fully investigate the circumstances of the accident and gather evidence needed to prove liability. We will build a strong case indicating how the at-fault driver’s negligent actions directly caused injury and financial harm to you.

Potential Issues When Filing a Third-Party Lawsuit and How an Attorney Can Help

While a third-party lawsuit provides the ability to seek further damages from an at-fault driver beyond their insurance limits, there are some potential challenges you may face that an attorney can assist with.

One issue is that the driver may not have enough assets or savings to pay a large damages award, even if found legally liable. Without involved legal counsel, it can be difficult to locate funds to collect. However, an attorney knows how to investigate financial records and exempt accounts to maximize recovery potential.

Another concern is defending against claims from the driver to reduce their liability or financial responsibility. Our personal injury lawyers in Phoenix are experienced in effectively handling counter-arguments regarding things like accident reconstruction, witness testimony, or injury causation. We can also guide settlement negotiations.

Proving full negligence and damages without professional legal experience can also be difficult against an opposing counsel. An attorney will manage evidence gathering, support from medical experts, and organize a persuasive case presentation to establish liability and optimize your compensation award.

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

What Damages Can You Recover as a Passenger in a DUI Accident?

If you sustained injuries while riding as a passenger in a vehicle that was involved in an accident caused by a drunk driver, you may be able to recover several types of damages through a claim. A lawyer can help you recover:

• Medical expenses: All costs associated with your emergency care, hospitalization, surgeries, medications, therapies, equipment, and any future medical care required due to injuries suffered in the crash.
• Lost wages: If the injuries prevented you from working your regular job, you can seek compensation for missed pay during treatment and recovery.
• Pain and suffering: Monetary damages to account for the physical and emotional pain endured as a result of your injuries from the accident involving an intoxicated driver.
• Transportation costs: Mileage, parking, or taxi and rideshare fees incurred to travel to ongoing medical appointments for crash-related injuries.
• Property damage: Repairs or replacement of any personal items of clothing or electronics that were destroyed or broken in the car accident.
• Permanent impairment: Higher damages if the effects of injuries will be long-lasting and cause permanent disability or disfigurement.

Documenting accident-related costs like medical bills and consulting an experienced personal injury attorney can support recovering maximum compensation for your suffering as an innocent passenger.

How Long do You Have to File a Personal Injury Claim as a Passenger in a DUI Accident?

According to A.R.S. 12-542, when suing the driver as a passenger in a DUI accident, you have two years to file a personal injury claim against the drunk driver. Even though you have a substantial amount of time, filing your personal injury claim as a passenger early on has many advantages. 

One of the most significant advantages is that you’ll be able to build a stronger case when you file early because you and your drunk driving accident lawyer will have more time to gather evidence to prove your case.

And when you have a stronger case, you’ll be able to recover more compensation for your losses because you’ll have concrete evidence of your pain and losses. Our team at Zanes Law can help you figure out how long you have to file a claim and help you file.

Click to contact our personal injury lawyers today

What Evidence do You Need to Prove Your Losses as a Passenger?

If you were injured as a passenger in a drunk driving accident, you need to provide evidence of your losses and injuries to support a personal injury claim. Some important types of evidence include:

• Healing timeline: Shows treatment duration, missed work, limitations, and future needs for continued care. Establishes long-term impacts.
• Lost wage documentation: Substantiates any inability to work and lost income as a result of injuries.
• Medical records: Documents all medical treatment, diagnoses, procedures, and prognosis. Provides proof of the nature and extent of injuries.
• Expert reports: Independent medical examinations and life care plans detail expenses for ongoing or lifetime costs like rehabilitation or assisted living.
• Property damage receipts: Out-of-pocket costs for destroyed belongings in the accident are recoverable losses.
• Travel receipts: Mileage, parking, transit, and lodging bills for repeated medical appointments.
• Witness statements: Can corroborate the accident sequence, who was at fault, and how injuries occurred.
• Police report: Official documentation of at-scene evidence, any citations, toxicology, and crash fault determination.

Complete a Free Case Evaluation form now

Learn More About How to Sue the Driver as a Passenger in a DUI Accident

At Zanes Law, our team cares about you like you’re a part of our family. So, when you’ve been injured in a DUI accident as a passenger, we’re ready to help you recover the compensation and support you need.

Contact us for a free consultation and to learn more about how we can help you sue the driver as a passenger in a DUI accident.

Call or text 866-499-8989 or complete a
Free Case Evaluation form